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Meeting Packet — Commerce Committee (April 10, 2023)

Summary

Meeting packet of the Commerce Committee for Monday, April 10, 2023, 2:00 PM to 6:00 PM, with Bob Rommel as Chair. The agenda lists HB 57, Motor Vehicle Liability Policies, by Truenow, HB 523, Individual Wine Containers, by LaMarca, and PCS for CS/HB 677, Electronic Payment Transactions, along with PCB COM 23-03 and PCB COM 23-04. The staff analysis of HB 57 states that the bill amends Florida's Financial Responsibility Law to permit risk retention groups, which are authorized by federal law, to provide the required motor vehicle coverage to group members. The packet also contains a title amendment for PCS for CS/HB 677 on credits for tax remittance by electronic means.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet — Commerce Committee (April 10, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-04-10-3220-commerce-committee-meeting-packets-fn-com-4-10-23-2eedd9afb9/, SHA-256 7281d1aa0e86bec16a72b6b561d3651ca338e598d891df54cf85b0b7468e163f.

Full text

              Commerce Committee
                Monday, April 10, 2023
                  2:00 PM – 6:00 PM
                Webster Hall (212 Knott)




                  Meeting Packet




Paul Renner                                Bob Rommel
Speaker                                          Chair
                    The Florida House of Representatives
                                           Commerce Committee

Paul Renner                                                                                         Bob Rommel
Speaker                                                                                                   Chair

                                               Meeting Agenda

                                          Monday, April 10, 2023
                                           2:00 PM – 6:00 PM
                                          Webster Hall (212 Knott)



  I.   Call to Order

 II.   Roll Call

III.   Opening Remarks

IV.    Consideration of the following bill(s):

       HB 57 Motor Vehicle Liability Policies by Truenow

       CS/HB 221 Sales of Firearms and Ammunition by Regulatory Reform & Economic
       Development Subcommittee, Snyder

       CS/CS/HB 233 Next of Kin of Deceased Minors by Constitutional Rights, Rule of Law
       & Government Operations Subcommittee, Regulatory Reform & Economic Development
       Subcommittee, Michael

       CS/HB 253 Regulation of Securities by Insurance & Banking Subcommittee, Barnaby

       CS/HB 439 Land Use and Development Regulations by Local Administration, Federal
       Affairs & Special Districts Subcommittee, McClain

       HB 523 Individual Wine Containers by LaMarca

       CS/HB 541 Motor Vehicle Glass by Insurance & Banking Subcommittee, Griffitts

       HB 599 Debt Management Services by Garcia



                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
Page 2



         HB 607 Money Services Businesses by Steele

         CS/HB 721 Paid Family Leave Insurance by Insurance & Banking Subcommittee,
         Chaney

         HB 737 Secondhand Goods by Barnaby, Mooney

         HB 743 Estoppel Letters by Fabricio

         CS/HB 745 Emergency Communications by Energy, Communications & Cybersecurity
         Subcommittee, McFarland

         CS/HB 761 Telephone Solicitation by Civil Justice Subcommittee, Fabricio

         HB 793 Collateral Protection Insurance on Real Property by Fernandez-Barquin

         CS/CS/HB 861 Residential Loan Alternative Agreements by Judiciary Committee,
         Regulatory Reform & Economic Development Subcommittee, Robinson, W.

         CS/HB 895 Labor Pool Act by Regulatory Reform & Economic Development
         Subcommittee, Basabe

         CS/HB 1025 Government Vehicles by Energy, Communications & Cybersecurity
         Subcommittee, Caruso

         HM 1137 New Nuclear Energy by Overdorf

         CS/HB 1221 Broadband Internet Service Providers by State Administration &
         Technology Appropriations Subcommittee, Tomkow

         CS/HB 1413 Health Care Expenses by Healthcare Regulation Subcommittee, Tramont

         CS/HB 1437 Pub. Rec./Broadband Opportunity Program/DEO by Energy,
         Communications & Cybersecurity Subcommittee, Esposito

         HB 1459 Registration Fees for Malt Beverage Brands and Labels by Yeager

         CS/HB 1521 Facility Requirements Based on Sex by Regulatory Reform & Economic
         Development Subcommittee, Plakon

         HB 7041 Space Florida by Regulatory Reform & Economic Development Subcommittee,
         Sirois
Page 3


         Consideration of the following proposed committee bill(s):

         PCB COM 23-03 -- Natural Emergencies

         PCB COM 23-04 -- Insurer Accountability

         Consideration of the following proposed committee substitute(s):

         PCS for CS/HB 677 -- Electronic Payment Transactions

 V.      Closing Remarks

VI.      Adjournment
HB 57
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 57 Motor Vehicle Liability Policies
SPONSOR(S): Truenow
TIED BILLS:      IDEN./SIM. BILLS: CS/SB 516

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY
                                                                                                           CHIEF

    1) Insurance & Banking Subcommittee                         15 Y, 0 N               Herendeen          Lloyd
    2) Commerce Committee                                                               Fletcher           Hamon

                                                     SUMMARY ANALYSIS

  Owners or operators of motor vehicles must insure against losses from liability for bodily injury, death, and
  property damage. They may do so by purchasing auto insurance from an insurance carrier authorized to do
  business in Florida by the Office of Insurance Regulation (OIR), or by obtaining a certificate of self-insurance
  from the Florida Department of Highway Safety and Motor Vehicles (HSMV) after demonstrating the ability to
  cover potential losses arising out of the ownership, maintenance, or use of a motor vehicle. HSMV does not
  recognize insurance issued by a risk retention group as a method of proving financial responsibility, unless the
  risk retention group holds a certificate of authority issued by OIR.

  The bill amends Florida’s Financial Responsibility Law to permit risk retention groups, which are authorized by
  federal law, to provide the required motor vehicle coverage to group members. Unlike state-authorized
  insurers, risk retention groups only sell insurance to eligible members, do not submit rate and form filings to
  state regulators, and are not members of state guaranty associations that manage claims if an insurer becomes
  insolvent.

  Specifically, the bill permits risk retention groups that have strong ratings from A.M. Best Company (an “A” or
  higher rating for financial strength and “VIII” or higher for financial size) to provide commercial auto insurance
  coverage to their members and shareholders.

  The bill has an unknown but likely insignificant negative fiscal impact on state government and no impact on
  local governments. The bill has positive and negative impacts on the private sector.

  The bill has an effective date of July 1, 2023.




                                                        FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0057b.COM
DATE: 4/6/2023
                                          I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Florida’s Financial Responsibility Law

    Chapter 324, F.S., sets forth the financial responsibility laws for owners or operators of motor vehicles,
    whether they be used for personal or commercial purposes.

    In general, the owner or operator of a motor vehicle must insure against losses from liability for bodily injury,
    death, and property damage by 1) purchasing auto insurance from an insurance carrier authorized by OIR
    to do business in Florida;1 or 2) obtaining a certificate of self-insurance from HSMV after demonstrating the
    ability to cover potential losses arising out of the ownership, maintenance, or use of a motor vehicle. 2

    OIR licenses insurance carriers and reviews policy contracts and premium rates of its licensees.3 An
    insurance carrier may not deliver an auto insurance policy in Florida unless the policy includes coverages for
    both personal injury and property damage.4

    HSMV administers the Financial Responsibility Law by requiring all licensed insurance companies to provide
    electronic notification of all policies that are issued or cancelled. 5 Vehicle owners must show proof of personal
    injury protection and property damage liability coverage to register a vehicle, 6 and must provide proof of
    bodily injury liability coverage if they are involved in an accident and charged with a moving violation. 7 A
    vehicle owner who fails to maintain continuous coverage may have his or her driver’s license and registration
    suspended for up to three years.8

    Required coverages vary based on the use of a motor vehicle.

    For individual motorists, the law requires $10,000 in personal injury protection and $10,000 for property
    damage.9 However, if a driver of a private passenger vehicle has caused an accident involving bodily injury
    or death, the required minimum bodily injury liability coverage is $10,000 per person and $20,000 per
    accident.10 Additionally, if a driver has been convicted of driving under the influence of alcohol, the motorist
    must maintain minimum bodily injury liability coverage of $10,000 per person and $20,000 per accident for
    three years after the license is reinstated.11

    For leased motor vehicles, the lessor is not liable for the actions of a lessee so long as the lease requires
    $100,000/$300,000 bodily injury liability and $50,000 property damage liability or not less than $500,000
    combined property damage and bodily injury liability.12

    For-hire passenger vehicles like taxicabs and limousines must have bodily injury liability coverage of
    $125,000 per person and $250,000 per occurrence; and $50,000 property damage coverage. 13


1 S. 324.021(8), F.S.
2 Ss. 324.161   and 324.171, F.S. Also see Florida Department of Highway Safety and Motor Vehicles, Self-Insuranc e,
https://www.flhsmv.gov/ins urance/self-insurance/firm/ (last visited Feb. 10, 2023).
3 Ss. 624.404, 627.062, 627.410, and 627.4102.
4 S. 627.7275, F.S.
5 Ss. 324.0221, 324.252, and Rules 15A-3.007, and 15A-3.012, F.A.C.
6 Ss. 324.022, 324.023, and Rule 15A-3.006, F.A.C.
7 S. 324.021, F.S. Also see, Florida Highway Safety and Motor Vehicles, Florida Insurance Requirements ,

https://www.flhsmv.gov/ins urance/ (last visited Feb. 10, 2023).
8 S. 324.0221, F.S.
9 Ss. 324.021(7), § 324.022, and 627.736, F.S.
10 Ss. 324.051, 324.031, 324.061, F.S.
11 S. 324.023, F.S.
12 S. 324.021(9), F.S.
13 Ss. 322.032, 324.021(8), and 324.151, F.S.
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    Commercial motor vehicles operating on Florida’s highways are subject to state and federal regulations
    related to size and weight limits, safety standards, and registration requirements. Commercial vehicles that
    weigh 10,001 pounds or more, and engage in interstate commerce or haul hazardous materials, are subject
    to federal law, where required coverages range from $750,000 to $5 million. 14 Commercial vehicles that
    weigh 26,001 pounds or more, operate only within Florida, and do not transport hazardous materials are
    subject to Florida law, where required coverages range from $50,000 to $300,000. 15

    Voluntary coverages include collision (repairs the motor vehicle), comprehensive (losses from events other
    than collision, like fire or theft or wind or vandalism), uninsured motorist (losses that exceed no-fault coverage
    when an at-fault driver has no liability insurance or inadequate liability insurance), medical (for losses that
    exceed no-fault coverage), rental reimbursement, and accidental death or dismemberment.

    When the owner or operator of a motor vehicle purchases liability insurance to satisfy the financial
    responsibility law, the policy must be issued by an insurance company authorized to do business in Florida. 16

    When an owner or operator self-insures a vehicle or fleet of vehicles, the owner or operator must provide
    audited financial statements to HSMV showing an unencumbered net worth that satisfies the Financial
    Responsibility Law.17

    Risk Retention Groups

    Federal law treats risk retention groups – which may sell insurance only to eligible members – differently
    than traditional insurance companies.

    Authorized insurers must be licensed in every state in which they operate and the domicile state serves as
    the primary regulator. Risk retention groups need to be licensed as a liability insurer in only one state; further,
    those that were chartered prior to 1985 may operate under the laws of Bermuda or the Cayman Islands. 18

    State regulators may require risk retention groups to comply with state laws relating to claim settlement and
    false or fraudulent acts, pay premium taxes, register with the designated state agent for service of process,
    and submit to financial exams if such exam has not been completed by the s tate in which the risk retention
    group is chartered.19

    States may not require a risk retention group to participate in any insolvency guaranty association. 20
    However, states may require notice that insurance provided by a risk retention group is not protec ted by an
    insolvency guaranty association.21 Unlike authorized insurers, risk retention groups do not submit rate and
    form filings with a state regulator. Instead, risk retention groups apportion risk among their members; thus,
    rates are based on an actuarial analysis of the membership and policies can be tailored to suit the needs of
    the membership.22

    Members of a risk retention group must be engaged in similar businesses or activities that have similar
    exposures due to the type of business, trade, product, service, premises, or operations.23

    Risk retention groups may only provide liability insurance; the law defines liability insurance as coverage for
    liability for damages to persons or property arising out of any business, trade, product, professional service,

14 49 CFR § 387.9 (2022).
15 Ss. 207.002(1), 320.01(25), and 627.7415, F.S.
16 S. 324.021(8), F.S.
17 S. 324.171, F.S.
18 15 U.S.C. § 3901(a)(4) and s. 627.942(9), F.S.
19 15 U.S.C. § 3902(a)(1).
20 15 U.S.C. § 3902(a)(2).
21 15 U.S.C. § 3902(a)(1).
22 National Association of Insurance Commissioners, Risk Retention Groups, Risk Retention Groups (naic.org) (last

visited Feb. 10, 2023).
23 15 U.S.C. §3901(a)(4)(F) and s. 627.942(9), F.S.
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    premise, operation, or activity of a state or local government. 24 Liability insurance does not include an
    employer’s liability to its employees; thus, risk retention groups may not issue workers’ compensation
    insurance policies to their members.25

    Risk retention groups may operate in Florida if they obtain a certificate of authority as a liability insurer, or
    are licensed in another state and provide a copy of their business plan and annual financial statement to OIR
    and designate the Chief Financial Officer as agent for service of process.26 According to OIR, 140 risk
    retention groups are licensed in a state other than Florida and registered to do business in Florida. 27

    Risk retention groups licensed in Florida pay the same premium taxes as Florida-licensed insurers.28 Risk
    retention groups registered to operate in Florida but licensed in another state pay the same premium taxes
    as surplus lines insurers that are allowed to sell lines of insurance that consumers cannot obtain from Florida-
    licensed insurers.29 All risk retention groups operating in Florida must use agents who are licensed and
    appointed in Florida. 30

    American Contractors Insurance Group

    American Contractors Insurance Group Ltd. of Bermuda (ACIG) is a risk retention group that is owned by 41
    construction companies and affiliated with American Contractors Insurance Company Risk Retention Group
    (ACIG RRG) of Texas which writes general liability and auto coverages for its members and is registered to
    do business in Florida. According to company representatives, ACIG provides auto liability insurance for 17
    of its 41 member companies, including 7 member companies that have active operations in Florida.

    ACIG is also affiliated with ACIG Insurance Company of Illinois, which writes workers’ compensation
    coverages; ACIG Insurance Agency, Inc. of Texas, which coordinates customer service); and American
    Contractors Risk Purchasing Group, Inc., of Texas, which acts as a purchasing group for professional,
    pollution, and cyber liability coverages.31

    The International Risk Management Institute describes “fronting” as the use of a licensed, admitted insurer
    to issue an insurance policy on behalf of a self-insured organization or captive insurer without transferring
    any risk. The risk of loss under the policy remains with the self-insured entity or captive insurer, but the
    authorized insurer (and, in the event of insolvency, the guaranty association the insurer belongs to) assumes
    a credit risk because it would be required to honor the policy if the insured fails to do so. This provides proof
    of coverage that is needed to satisfy financial responsibility laws.

    The Florida Insurance Code32 describes a “fronting company” as “an authorized insurer which by reinsurance
    or otherwise generally transfers more than 50 percent to one unauthorized insurer which does not meet the
    requirements” to be an accredited or trusteed reinsurer in Florida. 33

    Further, s. 624.404(4)(a), F.S., states: “No authorized insurer shall act as a fronting company for any
    unauthorized insurer which is not an approved reinsurer.”


24 15 U.S.C. 3901(a)(2)(A)   and s. 627.942(9)(g), F.S.
25 15 U.S.C. 3901(a)(2)(B)   and s. 627.942(4), F.S.
26 Ss. 627.943 and 627.944, F.S.
27 Florida Office of Insurance Regulation, Active Company Search, https://companysearch.myfloridacfo.gov/ (last visited

Feb. 10, 2023).
28 S. 627.943(4), F.S. Pursuant to s. 624.509, F.S., premium taxes (typically 1.75 percent of the premium) are collected by

the licensed insurer and paid to the Department of Revenue on or before March 1 of each year.
29 S. 627.944 (3), F.S. Pursuant to s. 626.932, F.S., premium taxes (4.94 percent of the premium) are collected by the

licensed insurance agent and paid to the Department of Financial Services on a quarterly basis; premiums are also
reported to the Florida Surplus Lines Service Office (FSLSO) which oversees the reporting requirements of eligible
surplus lines insurers. The FSLSO website is https://www.fslso.com/.
30 Ss. 627.943(5) and 627.944(12), F.S.
31 American Contractors Insurance Group, Organization Chart – Construction Industry Shareholders,

https://www.acig.com/assets/docs/ACIG_Organization_Chart.pdf (last visited Feb. 10, 2023).
32 Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the “Florida Insurance Code.”
33 S. 624.404(4)(b), F.S.
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    Florida law explicitly prohibits:
             An authorized insurer or licensed motor vehicle service agreement company from acting as a
               fronting company for any unauthorized insurer or unlicensed motor vehicle service agreement
               company.34
             An authorized insurer or licensed home warranty association from acting as a fronting company
               for any unauthorized insurer or unlicensed home warranty association. 35
             An authorized insurer or licensed service warranty association from acting as a fronting company
               for any unauthorized insurer or unlicensed service warranty association. 36

    The Insurance Code does not contemplate the situation presented by ACIG RRG, where an authorized
    insurer acts as a fronting company for a risk retention group.

    Representatives of ACIG stated that ACIG RRG must use a fronting policy to write auto liability insurance for
    Florida members, so they can provide evidence of auto liability coverage. According to documentation
    provided by company representatives, ACIG retains the entirety of its $5 million auto liability limit by
    reinsuring the fronting insurer at 100 percent.

    Each of the 7 ACIG members with operations in Florida pays a fronting fee of $25,000 annually. This creates
    a $175,000 annual expense that would be avoided if ACIG RRG were permitted to directly issue auto liability
    policies to its Florida members. Collectively, the 7 companies insure about 975 vehicles and pay annual auto
    liability premiums of $1,954,944.

    ACIG has an “A” rating from A.M. Best, in category VIII, which applies to companies with a policyholder
    surplus of $100 million-$250 million.

    Effect of the Bill

    The bill permits the owner or operator of a motor vehicle to provide proof of financial responsibility by
    obtaining an insurance policy from a risk retention group that: 1) has an “A” or higher rating for financial
    strength, and “VIII” or higher for financial size by the A.M. Best Company, and 2) only provides commercial
    coverage to its members and shareholders.

    The bill would permit ACIG RRG to directly provide commercial auto insurance to its Florida members,
    annually saving each of the 7 Florida members $25,000 each. Additionally, according to OIR, 18 of the risk
    retention groups active in Florida meet the rating qualifications under the bill.37

    B. SECTION DIRECTORY:

        Section 1. Amends s. 324.021, F.S.

        Section 2. Provides an effective date of July 1, 2023.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:

34 S. 634.241,  F.S.
35 S. 634.326,  F.S.
36 S. 634.429, F.S.
37 Florida Office of Insurance Regulation, Agency Analysis of 2023 Senate Bill 516 (HB 57’s Senate counterpart), p. 2

(Mar. 12, 2023).
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           If adopted, HSMV will have to engage in structural testing to confirm successful file transfers with
           any risk retention group that directly insures its members in Florida. This is needed to ensure that
           HSMV receives timely insurance information about policies that are issued or cancelled. This
           administrative cost would be absorbed within current resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill will have a positive impact on some businesses by allowing members of risk retention groups to
       achieve savings by obtaining required motor vehicle insurance coverage directly their risk retention
       group, in certain circumstances. It will have a negative impact on those insurers that have acted as
       fronting companies for the placement of coverage by risk retention groups.

   D. FISCAL COMMENTS:

       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

           Not Applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

           None.

   B. RULE-MAKING AUTHORITY:

       None provided by the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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F   L     O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 57                                                                                                 2023




    1                                         A bill to be entitled
    2              An act relating to motor vehicle liability policies;
    3              amending s. 324.021, F.S.; revising the definition of
    4              the term "motor vehicle liability policy" to include
    5              certain policies issued by specified risk retention
    6              groups; defining the term "risk retention group";
    7              providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.         Subsection (8) of section 324.021, Florida
12         Statutes, is amended, and subsection (12) is added to that
13         section, to read:
14                 324.021        Definitions; minimum insurance required.—The
15         following words and phrases when used in this chapter shall, for
16         the purpose of this chapter, have the meanings respectively
17         ascribed to them in this section, except in those instances
18         where the context clearly indicates a different meaning:
19                 (8)         MOTOR VEHICLE LIABILITY POLICY.—Any owner's or
20         operator's policy of liability insurance furnished as proof of
21         financial responsibility pursuant to s. 324.031, insuring such
22         owner or operator against loss from liability for bodily injury,
23         death, and property damage arising out of the ownership,
24         maintenance, or use of a motor vehicle in not less than the
25         limits described in subsection (7) and conforming to the

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                                                                                                                hb0057-00
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        HB 57                                                                                                 2023




26      requirements of s. 324.151, issued by any insurance company
27      authorized to do business in this state or by a risk retention
28      group described in subsection (12). The owner, registrant, or
29      operator of a motor vehicle is exempt from providing such proof
30      of financial responsibility if he or she is a member of the
31      United States Armed Forces and is called to or on active duty
32      outside this state or the United States, or if the owner of the
33      vehicle is the dependent spouse of such active duty memb er and
34      is also residing with the active duty member at the place of
35      posting of such member, and the vehicle is primarily maintained
36      at such place of posting. The exemption provided by this
37      subsection applies only as long as the member of the armed
38      forces is on such active duty outside this state or the United
39      States and the owner complies with the security requirements of
40      the state of posting or any possession or territory of the
41      United States.
42              (12)        RISK RETENTION GROUP.—A risk retention group
43      operating in accordance with s. 627.943 or s. 627.944 which is
44      rated "A" or higher for financial strength and "VIII" or higher
45      for financial size category by A.M. Best Company and which only
46      provides commercial coverage for its members and shareholders.
47              Section 2.         This act shall take effect July 1, 2023.




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     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0057-00
                              COMMERCE COMMITTEE

                               HB 57 by Rep. Truenow
                     Relating to Motor Vehicle Liability Policies

                               AMENDMENT SUMMARY
                                   April 7, 2023

Amendment 1 by Rep. Truenow (Line 28): The amendment authorizes a surplus lines insurer
that meets applicable financial strength requirements to provide commercial motor vehicle
coverage.
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 57   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:          Commerce Committee
 2     Representative Truenow offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove line 28 and insert:
 6     group described in subsection (12). In addition, any surplus
 7     lines insurer as defined in s. 626.914(2) which is rated "A" or
 8     higher by A.M. Best Company may provide coverage to meet
 9     financial responsibility requirements for commercial motor
10     vehicles. The owner, registrant, or
11
12             -----------------------------------------------------
13                          T I T L E    A M E N D M E N T
14          Remove lines 4-6 and insert:
15     the term "motor vehicle liability policy" and defining the term
16     "risk retention group" for purposes of ch. 324, F.S.;
     379043 - h0057-line 28.docx
      Published On: 4/7/2023 7:12:36 PM
                                    Page 1 of 1
CS/HB 221
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 221 Sales of Firearms and Ammunition
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Snyder and others
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 214

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 11 Y, 4 N, As CS        Mortellaro         Anstead
       Subcommittee

    2) Agriculture & Natural Resources Appropriations           9 Y, 5 N                Byrd               Pigott
       Subcommittee

    3) Commerce Committee                                                               Mortellaro         Hamon


                                               SUMMARY ANALYSIS
A Merchant Category Code (MCC) is a code used by credit card payment associations that categorizes where
a credit card purchase is made without showing the specific items that were purchased. Payment organizations
use the MCC codes to classify different merchants and businesses by goods or services so that they can track
and restrict transactions, report taxes, interchange promotions, gather information on purchasing behaviors, file
reports with the Internal Revenue Service (IRS), determine rewards, identify high-risk business models and
prohibited business types, and track customer spending.

Historically, MCCs have allowed retailers who sell firearm and ammunition to be categorized under general
retail or sporting goods stores. Recently, the International Organization for Standardization (ISO) updated the
MCC and created a new MCC for firearm and ammunition retailers. Some argue that the information gathered
from the use of this new code could be construed as a firearm registry maintained by private entities.

The bill:
    Prohibits payment settlement entities, merchant acquiring entities, or third-party settlement
        organizations from classifying merchants or assigning them with an MCC that identifies them as sellers
        of firearms or ammunition; and
    Authorizes the Department of Agriculture and Consumer Services (DACS) to conduct investigations of
        alleged violations and bring an administrative action seeking to impose a Class III administrative fine for
        violations.

The fiscal impact to state government is indeterminate.

The effective date of the bill is July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation of Merchant Category Codes When Purchasing Firearms

        Merchant Category Codes

        The International Organization for Standardization (ISO) is an independent, non-governmental
        organization that develops international standards. One of the standards that the ISO created are the
        Merchant Category Codes (MCC). The MCCs are used by Mastercard, Visa, Amex, and other major
        card payment organizations.1 The MCCs are a 4-digit number that is assigned to a merchant by an
        acquiring bank in compliance with the card association. Once the business opens a merchant account
        with the MCC, the business is classified by that market segment and it allows the business to begin
        accepting credit cards as a form of payment.2

        Payment organizations use the MCC codes to classify different merchants and businesses by the
        goods or services they offer so that they can track and restrict transactions, report taxes, interchange
        promotions, gather information on purchasing behaviors, file reports with the Internal Revenue Service
        (IRS), determine rewards, identify high-risk business models and prohibited business types, and track
        customer spending.3

        Merchant Category Codes in Relation to Firearms

        An MCC shows where the purchase is made, but it does not show the specific items that were
        purchased. Each credit card network has its own master list of MCCs. There are many codes that are
        being standardized based on the ISO standard, but some financial organizations, third party settlement
        organizations, or processors have their own MCC lists. 4

        Historically, retailers who sell firearms and ammunition have been assigned an MCC of general retail
        stores or sporting goods stores.5 On September 7, 2022, the ISO approved an application by a New
        York-based bank to adopt a new MCC for firearm retailers, which includes a gun code for “gun and
        ammunition shops.”6 MCCs adopted by the ISO are not required to be used, but card associations like
        Visa, MasterCard, and American Express, have all agreed to use the new MCC. 7 However, Visa and
        MasterCard have not yet updated their lists to include the new MCC for firearm retailers.8



1 The ISO, About Us & Retail financial services – Merchant category codes, https://www.iso.org/about-

us.html#:~:text=ISO%20is%20an%20independent%2C%20non-
governmental%20international%20organization%20with,support%20innovation%20and%20provide%20solutions%20to%20g lobal%
20challenges (last visited Feb. 28, 2023).
2 Dwyer, B., CardFellow, Merchant Category Code: Reporting & Rates (2020), Apr. 6, 2020,

https://www.cardfellow.com/blog/merchant-category-code-mcc/ (last visited Feb. 28, 2023).
3 Citi, Merchant Category Codes, Treasury and Trade Solutions, available at https://www.citibank.com/tts/solutions/commercial-

cards/assets/docs/govt/Merchant-Category-Codes.pdf (last visited Feb. 28, 2023).
4 Motola, C., Merchant Maverick, Merchant Category Codes (MCC): All You Need to Know , May 26, 2021,

https://www.merchantmaverick.com/ merchant-category-code-mcc/ (last visited Feb. 28, 2023).
5 Kerber, R., Reuters, Global Standards Body Approves New Merchant code for Gun Sellers, Sept. 9, 2022,

https://www.reuters.com/world/exclusive-global-standards-body-approves-new-merchant-code-gun-sellers-2022-09-09/ (last visited
Feb. 28, 2023).
6 See id at The ISO.
7 Mion, L., Fox Business, Visa, MasterCard, Amex, to Categorize Gun Store Sales Sepa rately, Sept. 11, 2022,

https://www.foxbusiness.com/economy/visa-mastercard-amex-categorize-gun-store-sales-separately (last visited Mar. 1, 2023).
8 Visa MCC Manual; MasterCard, Quick Reference Booklet – Merchant Edition, Nov. 15, 2018,

https://www.mastercard.us/content/dam/mccom/en-us/documents/rules/quick-reference-booklet-merchant-edition.pdf (last visited Feb.
17, 2023) (In Visa’s and MasterCard’s MCC lists, noting firearms under codes 5099 and 5999, for durable goods (not elsewhere
classified) and miscellaneous and specialty retail shops, respectively).
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        Advocates in support of the new MCC note that this helps to identify and report suspicious activity, such
        as unusually large purchases of weapons or ammunition. 9 Opponents of the new MCC, have concerns
        that the new MCC may be too close to a national registry for gun owners.10

        On September 20, 2022, twenty-four attorneys general, including the Florida Attorney General, sent a
        letter to Visa, MasterCard, and American Express, expressing concerns about the possibility to misuse
        the new MCC by tracking data which could infringe upon consumers privacy. In addition, they stated it
        could result in “arbitrary disparate treatment” of firearm retailers and consumers because the new MCC
        would only capture firearm purchases from gun retailers but not from department stores.11

        Parties Involved with Transactions

        Even the smallest credit or debit card transactions involve a host of parties that facilitate the exchange
        between the merchant and customer.

        These parties include the cardholder, the merchant, the merchant bank, the payment processors, the
        issuing banks and the card associations.12 In a typical transaction, a cardholder will purchase a good or
        service from a merchant through the use of a credit or debit card. At this time the merchant will send a
        payment authorization request to the merchant’s payment processor who in turn submits the
        transaction to the correct card association.13 The card association will then send this authorization
        request to the issuing bank where the transaction will either be approved or denied. 14 The issuing
        bank’s response will then be sent back to the card association which sends the information to the
        merchant bank who sends the information to the merchant.15

        The parties:
            The cardholder is the buyer in the transaction and has a line of credit or a checking account with
               an issuing bank.
            The merchant is the seller in the transaction and in choosing to accept debit card and credit
               card purchases will partner with a payment processor.
            A payment processor sends payment information to the customer’s card association.
            A card association acts as an intermediary between the issuing bank (customer’s bank) and the
               merchant bank as they relay both payment information to the issuing bank and the issuing
               bank’s response to the merchant bank.
            The issuing bank receives purchase information from the card association and either approves
               or denies the transaction. It will inform the card association of its determination. Upon
               determination from the issuing bank for a transaction the card association will inform the
               merchant bank.
            The merchant bank is the bank of the merchant and will inform the merchant of the issuing
               bank’s determination.16




9 CBS New York Team, CBS New York, New York Leaders Call for Establishment of Merchant Category Code for Gun and

Ammunition Stores, Aug. 30, 2022, https://www.cbsnews.com/newyork/news/new-york-gun-ammunition-store-merchant-category-
code/#:~:text=August%2030%2C%202022%20%2F%207%3A 44%20PM%20%2F%20CBS,merchant%20category%20code%20for
%20gun%20and%20ammunit ion%20stores (last visited Mar. 1, 2023).
10 Marek, L. Industry Dive. Visa Raises Concerns on New Gun Code, Sept. 14, 2022, https://www.paymentsdive.com/news/visa-

concerns-new-gun-code-payments-nra/631845/ (last visited Mar. 1, 2023).
11 Skrmetti, J. and others, Letter from Attorneys General to Card Associations regarding MCCs, Tennessee State Government,

International Organization for Standardization (ISO), https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-36-
letter.pdf (last visited Mar. 1, 2023).
12 FIS Global, How Credit Card Processing Works, https://www.fisglobal.com/en/insights/merchant-solutions-worldpay/article/how-

credit-card-processing-works (last visited Mar. 7, 2023).
13 Id.
14 Id.
15 Id.
16 Id.
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         A credit card transaction is made up of three processes, the authorization process, the settlement
         process, and the funding process.17 The authorization process happens near instantaneously and can
         either end in approval or denial.18 The authorization process reflects the issuing bank’s approval or
         denial of a transaction which is then relayed through the payment network to the merchant.

         Current Situation of Credit Card Laws

         Relevant Federal Credit Card Laws

         Anti-money Laundering Laws

         Anti-money Laundering Laws, aim to detect and prevent money laundering and deter financial criminal
         activity.19 One provision in these laws, authorizes the Secretary of the Treasury to require any financial
         institution or those related to financial institutions, to report any suspicious transactions. 20 Banks,
         federally and non-federally regulated, are required to establish anti-money laundering programs which
         must meet specified requirements.21 This includes ongoing monitoring to identify and report suspicious
         activity and transactions.22 The U.S. Department of Homeland Security website contains “Signs of
         Suspicious Activity” which displays images and a description of categories for signs of suspicious
         activities, one of which is firearm related.23

         Internal Revenue Code

         Payment settlement entities are required to make an annual return to the Internal Revenue Service
         (IRS) which contains, the gross amount of the reportable payment transactions 24 for each participating
         payee.25 The Secretary has the authority to determine the time, form, and manner in which the return
         must be made,26 and is reported through Form 1099-K. The form contains a box to report the MCC
         assigned to the participating payee. The MCC may be excluded from the form if the filing entity uses an
         industry classification system other than or in addition to MCCs or is a third-party settlement
         organization.27 Broadly speaking, the MCCs classify businesses based on what they predominately
         furnish, services or goods. Payments for services are reportable whereas payments for goods are not
         reportable.28

         Relevant Florida Credit Card Laws

         Relevant Florida laws that relate to credit cards 29 are contained in the Financial Institutions Code and
         the Consumer Protection Act.30 Florida’s Credit Card Bank Act provides that a credit card account
         between a domestic lender or credit card bank and a borrower must be governed by the laws of Florida
         or federal law unless otherwise expressly agreed in writing by the parties but such writing may not
         supersede the interest rate provisions of s. 655.954, F.S.31 Florida consumer protection laws set out a
         limited number of protections relating to credit cards, such as provisions relating to issuing credit cards,



17 Id.
18 This process plays out in full when a debit or credit card is either accepted or rejected at a payment terminal.
19 31 U.S.C. s. 5311(2)   and (3).
20 31 U.S.C. s. 5318(g)(1).
21 31 C.F.R.  1020.210.
22 31 C.F.R.  1020.10(a)(2)(v)(B) and (b)(2)(v)(B).
23 The United States Department of Homeland Security, Recognize Suspicious Activity, https://www.dhs.gov/see-something-say-

something/recognize-the-signs (last visited Mar. 1, 2023).
24 26 U.S.C. s. 6050W(c), defines “reportable payment transaction” as any payment card or third-party network transaction.
25 26 U.S.C. s. 6050W(a).
26 Id.
27 IRS, Instructions for Form 1099-K (01/2022), Jan. 2022, https://www.irs.gov/pub/irs-pdf/i1099k.pdf (last visited Mar. 1, 2023).
28 Id.
29 S. 658.995(2)(a), F.S.
30 S. 655.005(1)(i), F.S.
31 S. 658.995(2)(d), F.S.
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         imposing a surcharge, or printing certain information on a merchant’s receipt. 32 No provisions were
         identified that explicitly restrict or address the use of MCCs.

         Similar Pending Legislation in Other States Related to MCCs

         Pending legislation that addresses similar issues:

      Kentucky HB 221: Purchases from Licensed Gun                Creates a new section to prohibit credit card
      Dealers (2023)                                              companies, financial institutions, or other persons
                                                                  from using an MCC or other method that categorizes
                                                                  purchases from licensed gun dealers separately from
                                                                  other retailers. 33
      Mississippi HB 1110: Second Amendment                       Prohibits a financial institution or its agent from
      Financial Privacy Act (2023) - PASSED                       requiring or “assigning” a specific firearm or
                                                                  ammunition merchant code to any firearms business
                                                                  located in Mississippi. 34
      Texas HB 2041: Notice to Consumers Regarding                Requires notice given to consumers when a financial
      Firearm or Ammunition Transactions (2023-2024)              institution generates or collects prohibited firearm or
                                                                  ammunition purchase
                                                                  information. 35
      West Virginia SB 555: Prohibiting Banks and                 Prohibits banks and payment networks from tracking
      Payment Networks from Tracking Firearm-related              firearm-related data and outlines penalties regarding
      Data and Outlining Penalties (2023)                         the state and local purchasing card contract if banks
                                                                  and payment networks track firearm-related data. 36

         Current Situation Firearms Records

         Background

         The Second Amendment states “a well-regulated Militia, being necessary to the security of a free State,
         the right of the people to keep and bear Arms, shall not be infringed.” 37 As with many amendments in
         the Constitution, the courts have had to evaluate how far the right extends. The Supreme Court has
         determined that the individual right to keep and bear arms is not unlimited. 38 Many cases have
         evaluated the right to bear arms, how far the right extends, and the records that can be kept regulating
         gun owners. 39

         Federal Records Requirements

         In 1938, the Federal Firearms Act40 created a regulation for those selling certain firearms. Firearm
         sellers were required to obtain a Federal Firearms License to maintain records with the name and
         address of those who bought a firearm.41




32 S. 658.995(3),   F.S.
33 KY HB 221.
34 Mike Maharrey, Mississippi House Passes Bill to Prohibit Using Credit Card Information to Track Firearms Purchases, Tenth

Amendment Center, Feb. 13, 2023, https://blog.tenthamendmentcenter.com/2023/02/mississippi-house-passes-bill-to-prohibit-using-
credit-card-information-to-track-firearms-
purchases/#:~:text=Titled%20the%20Second%20Amend ment%20Financial%20Privacy%20Act%2C%20the,code%20to%20any%20f
irearms%20business%20located%20in%20Mississippi (last visited Mar. 1, 2023).
35 TX HB 2041.
36 WV SB 555.
37 U.S. Const. am. 2.
38 Heller v. District of Columbia, 670 F. 3d 1244, 1254-55 (D.C.Cir.2011).
39 New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 213 L. Ed. 2d 387, 142 S. Ct. 2111 (2022).
40 15 U.S.C. s. 901-910.
41 Robert Longley, Timeline of Gun Control in the United States, ThoughtCo, Jan. 8, 2023, https://www.thoughtco.com/us -gun-

control-timeline-3963620 (last visited Mar. 1, 2023).
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         Following the assassinations of President John F. Kennedy, Senator Robert Kennedy, and Dr. Martin
         Luther King, Jr., Congress passed the Gun Control Act of 1968 (GCA). 42 The GCA required individuals
         engaged in the business of dealing in firearms to obtain a federal license, prohibited transfers of
         firearms to certain persons, restricted the interstate transportation, and regulated the importation not
         suitable for sporting purposes.

         Persons engaged in the business of manufacturing, importing, or dealing in firearms - referred to as
         "federal firearms licensees" (FFLs) - must obtain a license from the Secretary of the Treasury. The
         license entitles the holder to ship, transport, and receive firearms in interstate or foreign commerce.
         The FFL must maintain records of all acquisitions and dispositions of firearms and comply with
         applicable state and local laws in transferring firearms. The recordkeeping requirements help allow
         some crime guns to be traced. Combined with other obligations and restrictions imposed on firearms
         dealers, manufacturers, and importers, these requirements help provide a basis for investigating illegal
         firearms trafficking.43

         In 1986, the Firearm Owners’ Protection Act (FOPA) 44 passed which amended many provisions in the
         Gun Control Act of 1968.45 Congress loosened several controls it had previously established in the
         GCA, including records requirements.46

         The provisions that prohibit any rule or regulation from requiring records to be kept related to
         firearms also prohibits those records from being recorded or transferred to a facility owned,
         managed, or controlled by the United States, any State, or any political subdivision. FOPA also
         directly prohibits any registration systems of firearms, firearm owners, or firearms transactions from
         being established. However, the Secretary can inquire into a firearm in the course of a criminal
         investigation.47

         The law requires a licensed importer, manufacturer, or dealer to handle records of firearms
         transactions and national instant criminal background checks in a certain manner.48 In certain instances
         the criminal background check system must destroy all records.49 In other instances, the dealer
         through the attorney general must report certain information, such as the identity of the person, to the
         local law enforcement authority.50

         Florida Firearm Regulations

         The Florida Constitution guarantees:

                  SECTION 8. Right to bear arms.—



42 P.L. 90-351,  OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, Senate Report (Judiciary Committee) No. 90-
1097, Apr. 29, 1968.
43 The Enforcement Branch of the Alcohol and Tobacco Tax Division of the Internal Revenue Service initially enforced the GCA. O n

July 1, 1972, the Bureau of Alcohol, Tobacco and Firearms (ATF) was created as an independent Bureau within the Treasury
Department.
44 18 U.S.C ch. 44 s. 921 et seq.
45 18 U.S.C. ch. 44 s. 921 (amended)
46 Id. See Gun Violence Reduction: National Integrated Firearms Violence Reduct ion Strategy Appendix C, History Of Federal

Firearms Laws In The United States,
https://www.justice.gov/archive/opd/AppendixC.htm#:~:text=Kennedy%2C%20Senator%20Robert%20Kennedy%2C%20and,the%20
federal%20regulation%20of%20firearms . (It also opened up certain loopholes allowing gun sales from people that are not dealers.
Allowing FFLs to temporarily conduct business at gun shows; narrowing the scope of those who are required to be licensed: "hobby,"
or who "sell all or part of a personal collection;" reducing the criminal penalties for certain recordkeeping offenses; prohibiting ATF
from computerizing firearms purchase records; permitting sales of ammunition without a license; allowing a convicted felon to obtain
firearms where the convicting jurisdiction automatically restored the felons' civil rights.)
47 18 U.S.C. s. 926(a).
48 18 U.S.C. s. 922(t).
49 18 U.S.C. s. 922(t)(2).
50 18 U.S.C. s. 925B(a).
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                    (a) The right of the people to keep and bear arms in defense of themselves and of the
                    lawful authority of the state shall not be infringed, except that the manner of bearing arms
                    may be regulated by law.
                    (b) There shall be a mandatory period of three days, excluding weekends and legal
                    holidays, between the purchase and delivery at retail of any handgun. ….”51

         Generally, a person does not need a license to possess or use a firearm in Florida. However, a person
         is prohibited from openly carrying a firearm on or about his or her person unless the person is a law
         enforcement officer or engaged in certain activities, such as hunting, camping, or military service.52,53

         Florida Records Related Requirements

         The Department of Agriculture and Consumer Services (DACS) is in charge of issuing a concealed
         weapon or firearm license to a person who meets the specified qualifications under s. 790.06, F.S.54
         Personal identifying information for applicants or concealed weapons licensees are confidential and
         exempt from public records disclosure requirements under s. 119.07(1), F.S., and s. 24(a), Art. 1 of the
         State Constitution.55

         Any records pertaining to a buyer or transferee who is not prohibited from receipt or transfer of a
         firearm under federal or Florida law and whose records are created by the Florida Department of Law
         Enforcement (FDLE) to conduct the criminal history record check are confidential and exempt. These
         records may not be disclosed by the FDLE to any person or to another agency. The FDLE must
         destroy these records after communicating the approval or non-approval numbers to the licensee and
         no later than 48 hours after responding to the licensee’s request.56 However, the FDLE may maintain
         records of National Crime Information Center transactions as required under federal law, and may
         keep:
              A log of dates of requests for criminal history records checks; 57
              Unique approval and non-approval numbers;
              License identification numbers; and
              Transaction numbers corresponding to such dates for a period of no longer than 2 years or as
                 otherwise required by law.

         These provisions may not be construed to allow the State of Florida to maintain records containing the
         names of purchasers or transferees who receive unique approval numbers or to keep records of firearm
         transactions.58 Any current or former officer or employee of the FDLE or law enforcement agency who
         intentionally or maliciously violates these provisions is guilty of a third-degree felony.59

         Effect of the Bill

         The bill includes legislative findings indicating that MCC codes, without a “substantial and historical
         business need” or requirement imposed by law, may frustrate the right to keep and bear arms and
         violate the reasonable privacy rights of lawful purchasers of firearms and ammunition.

         The bill prohibits an entity involved in facilitating or processing payment card transactions, including but
         not limited to, a financial institution, an acquirer, a payment card network, or a payment card issuer
         from classifying a merchant of firearms or ammunition under the MCC for firearms or ammunition. A
         merchant of firearms or ammunition may be assigned or may use an MCC for general merchandise


51 Art. I, s. 8(a), FLA. CONST .
52 S. 790.053(3), F.S.
53 S. 790.053(1), F.S.
54 S. 790.06(2), F.S.
55 S. 790.0601(1), F.S.
56 S. 790.065(4)(a), F.S.
57 S. 790.065(4)(b), F.S.
58 S. 790.065(4)(c), F.S.
59 S. 790.065(4)(d), F.S.
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         retailers or sporting goods retailers. A contractual provision contrary to these provisions is void as
         violating the public policy of this state.

         The bill authorizes DACS to:
             Investigate alleged violations;
             Bring an administrative action seeking to impose a class III $10,000 fine60 for each violation; and
             Enforce violations.

         The effective date of the bill July 1, 2023.

    B. SECTION DIRECTORY:
         Section 1:           Amends s. 790.335(1)(a), F.S., to include an additional Legislative finding; Adds s.
                              790.335(2)(b), F.S., related to prohibitions; amends the penalties in 790.335(4);
                              Authorizes DACS to investigate, and bring an administrative action and impose a Class
                              III $10,000 fine.

         Section 2:           Provides an effective date of July 1, 2023.

                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              Indeterminate. The bill authorizes DACS to investigate and bring an administrative action and
              impose a Class III $10,000 fine.

         2. Expenditures:
              Indeterminate. DACS would be granted statutory authority under this bill to investigate alleged
              violations of the MCC. DACS would also be empowered to bring an administrative action and
              impose a Class III administrative fine for each violation. The Office of Agricultural Law Enforcement
              Regulatory Investigation Section would be in charge of investigating the unlawfully classified retailer
              violations and the Office of General Counsel would initiate and litigate the administrative actions.
              Currently, DACS is unable to determine the fiscal impact on the department.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              None.

         2. Expenditures:
              None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

    D. FISCAL COMMENTS:
         None.

                                                       III. COMMENTS

    A. CONSTITUTIONAL ISSUES:


60 S. 570.971(1)(c),   F.S.
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         1. Applicability of Municipality/County Mandates Provision:
            None.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         The bill may require DACS to create rules related to regulatory investigations. 61

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
    On March 9, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one
    amendment and reported the bill favorably as a committee substitute.

    The committee substitute:
        Includes additional entities covered under the bill.
        Authorizes a merchant of firearms or ammunition to be assigned or to use a merchant category
          code for general merchandise retailers or sporting goods retailers.
        Specifies that agreements or contractual provisions contrary to the provisions in the bill are void and
          in violation of the public policy of this state.
        Authorizes DACS to enforce violations.

    This analysis is drafted to the committee substitute as passed by the Regulatory Reform and Economic
    Development Subcommittee.




61 S. 493.6103,   F.S.
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           CS/HB 221                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to sales of firearms and ammunition;
    3              amending s. 790.335, F.S.; providing legislative
    4              findings; prohibiting payment settlement entities,
    5              merchant acquiring entities, or third party settlement
    6              organizations from assigning merchant category codes
    7              or otherwise classifying merchants of firearms or
    8              ammunition separately from general merchandise or
    9              sporting goods retailers; prohibiting entities
10                 involved in facilitating or processing payment card
11                 transactions from assigning to or requiring a merchant
12                 to use certain merchant category codes; authorizing a
13                 merchant of firearms or ammunition to be assigned or
14                 to use certain merchant category codes; specifying
15                 that any agreement or contractual provision to the
16                 contrary is void and in violation of the public policy
17                 of this state; authorizing the Department of
18                 Agriculture and Consumer Services to investigate
19                 certain alleged violations and bring administrative
20                 actions; providing an exception to complaint
21                 investigations by state attorneys; making technical
22                 changes; providing an effective date.
23
24                 WHEREAS, the International Standards Organization, based in
25         Switzerland, recently approved a new merchant category code for

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        CS/HB 221                                                                                            2023




26      firearm and ammunition merchants, and
27              WHEREAS, firearm and ammunition merchants historically have
28      been classified as sporting goods retailers or general
29      merchandise retailers, which has been sufficient for credit card
30      companies' business needs, and
31              WHEREAS, according to advocates for the new merchant
32      category code, the new code will allow credit card companies to
33      flag "suspicious" transactions, ostensibly for the purpose of
34      predicting and preventing future gun violence, and
35              WHEREAS, proponents indicate that the new merchant category
36      code is a "first step" but have given no guidance as to how to
37      distinguish suspicious activity from lawful sales, and
38              WHEREAS, the use of either merchant category code cannot
39      distinguish the sale of a firearm from the sale of a gun safe by
40      a firearms and ammunition merchant, and
41              WHEREAS, the use of the new merchant category code to
42      detect suspicious activities predicting future unlawful activity
43      will likely discourage financial institutions from serving
44      lawful retailers of firearms and ammunition and chill the lawful
45      exercise of Second Amendment rights, and
46              WHEREAS, current law requires a firearm retailer to conduct
47      a criminal history records check on a potential purchaser before
48      delivering a firearm to the purchaser, and
49              WHEREAS, the new merchant category code may result in
50      credit card companies reporting law abiding citizens to a law

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        CS/HB 221                                                                                            2023




51      enforcement agency based on overbroad definitions of suspicious
52      activity and the creation of a de facto gun registry and
53      watchlists of law abiding citizens, and
54              WHEREAS, the use of the new merchant category code will
55      likely make the job of law enforcement officers more difficult,
56      as those purchasing a firearm from a firearm retailer for an
57      unlawful purpose will likely purchase firearms with cash,
58      cryptocurrency, or other means that are difficult or impossible
59      to trace, and
60              WHEREAS, developing appropriate regulations for the sale of
61      firearms and ammunition while protecting the right of self -
62      defense is the role of democratically elected officials, not the
63      role of unelected bankers and foreign organizations, NOW,
64      THEREFORE,
65
66      Be It Enacted by the Legislature of the State of Florida:
67
68              Section 1.         Paragraph (a) of subsection (1) and subsections
69      (2) and (4) of section 790.335, Florida Statutes, are amended to
70      read:
71              790.335        Prohibition of registration of firearms;
72      electronic records.—
73              (1)         LEGISLATIVE FINDINGS AND INTENT.—
74              (a)         The Legislature finds and declares that:
75              1.      The right of individuals to keep and bear arms is

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         CS/HB 221                                                                                            2023




 76      guaranteed under both the Second Amendment to the United States
 77      Constitution and s. 8, Art. I of the State Constitution.
 78              2.      A list, record, or registry of legally owned firearms
 79      or law-abiding firearm owners is not a law enforcement tool and
 80      can become an instrument for profiling, harassing, or abusing
 81      law-abiding citizens based on their choice to own a firearm and
 82      exercise their Second Amendment right to keep and bear arms as
 83      guaranteed under the United States Constitution. Further, such a
 84      list, record, or registry has the potential to fall into the
 85      wrong hands and become a shopping list for thieves.
 86              3.      A list, record, or registry of legally owned firearms
 87      or law-abiding firearm owners is not a tool for fighting
 88      terrorism, but rather is an instrument that can be used as a
 89      means to profile innocent citizens and to harass and abuse
 90      American citizens based solely on their choice to own firearms
 91      and exercise their Second Amendment right to keep and bear arms
 92      as guaranteed under the United States Constitution.
 93              4.      The creation or maintenance of records of purchases of
 94      firearms or ammunition or the tracking of sales made by a
 95      retailer of firearms or ammunition by a nongovernmental entity,
 96      including a financial institution, without a substantial and
 97      historical business need or a requirement imposed by law, may
 98      frustrate the right to keep and bear arms and violate the
 99      reasonable privacy rights of lawful purchasers of firearms or
100      ammunition.

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         CS/HB 221                                                                                            2023




101              5.4.        Law-abiding firearm owners whose names have been
102      illegally recorded in a list, record, or registry are entitled
103      to redress.
104              (2)         PROHIBITIONS.—
105              (a)         A No state governmental agency or local government,
106      special district, or other political subdivision or official,
107      agent, or employee of the such state or other governmental
108      entity or any other person, public or private, may not shall
109      knowingly and willfully keep or cause to be kept any list,
110      record, or registry of privately owned firearms or any list,
111      record, or registry of the owners of those firearms.
112              (b)         A payment settlement entity, merchant acquiring
113      entity, or third party settlement organization as those terms
114      are defined in s. 6050W of the Internal Revenue Code may not
115      assign a merchant category code to or otherwise classify a
116      merchant that is a seller of firearms or ammunition separately
117      from general merchandise retailers or sporting goods retailers.
118              (c)         An entity involved in facilitating or processing a
119      payment card transaction, including, but not limited to, a
120      financial institution, an acquirer, a payment card network, or a
121      payment card issuer, may not assign to a merchant, or require a
122      merchant to use, a merchant category code that classifies the
123      merchant as a firearms or ammunition retailer or a similar
124      classification. A merchant of firearms or ammunition may be
125      assigned or may use a merchant category code for general

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         CS/HB 221                                                                                            2023




126      merchandise retailers or sporting goods retailers. Any agreement
127      or contractual provision to the contrary is void in violation of
128      the public policy of this state.
129              (4)         PENALTIES.—
130              (a)         Any person who, or entity that, violates paragraph
131      (2)(a) a provision of this section commits a felony of the third
132      degree, punishable as provided in s. 775.082 or s. 775.083.
133              (b)         Except as required by the provisions of s. 16, Art. I
134      of the State Constitution or the Sixth Amendment to the United
135      States Constitution, no public funds may not shall be used to
136      defend the unlawful conduct of any person charged with a
137      violation of this section, unless the charges against the such
138      person are dismissed or the such person is determined to be not
139      guilty at trial. Notwithstanding this paragraph, public funds
140      may be expended to provide the services of the office of public
141      defender or court-appointed conflict counsel as provided by law.
142              (c)         The governmental entity, or the designee of the such
143      governmental entity, in whose service or employ a list, record,
144      or registry was compiled in violation of paragraph (2)(a) this
145      section may be assessed a fine of up to not more than $5
146      million, if the court determines that the evidence shows that
147      the list, record, or registry was compiled or maintained with
148      the knowledge or complicity of the management of the
149      governmental entity. The Attorney General may bring a civil
150      cause of action to enforce the fines assessed under this

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         CS/HB 221                                                                                            2023




151      paragraph.
152              (d)         The Department of Agriculture and Consumer Services
153      may investigate alleged violations of paragraph (2)(b) or
154      paragraph (2)(c) and, upon finding a violation, bring an
155      administrative action seeking to impose an administrative fine
156      pursuant to s. 570.971 in the Class III category for each
157      violation of paragraph (2)(b) or paragraph (2)(c) for each
158      instance of an unlawfully classified retailer.
159              (e)(d)        The state attorney in the appropriate jurisdiction
160      shall investigate complaints of criminal violations of this
161      section, except for alleged violations of paragraph (2)(b) or
162      paragraph (2)(c), and shall prosecute violators, where evidence
163      indicates that a violation may have occurred, shall prosecute
164      violators.
165              Section 2.         This act shall take effect July 1, 2023.




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                               COMMERCE COMMITTEE

                                HB 221 by Rep. Snyder
                          Sales of Firearms and Ammunition

                               AMENDMENT SUMMARY
                                   April 10, 2023


Amendment 1 by Rep. Snyder (strike-all):
  • Makes technical changes to align the bill with the Senate companion.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 221   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Snyder offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6          WHEREAS, the International Standards Organization, based in
 7     Switzerland, recently approved a new merchant category code for
 8     firearm and ammunition merchants, and
 9          WHEREAS, firearm and ammunition merchants historically have
10     been classified as sporting goods retailers or general
11     merchandise retailers, which has been sufficient for credit card
12     companies' business needs, and
13          WHEREAS, according to advocates for the new merchant
14     category code, the new code will allow credit card companies to
15     flag "suspicious" transactions, ostensibly for the purpose of
16     predicting and preventing future gun violence, and
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 221   (2023)
       Amendment No. 1


17          WHEREAS, proponents indicate that the new merchant category
18     code is a "first step" but have given no guidance as to how to
19     distinguish suspicious activity from lawful sales, and
20          WHEREAS, the use of either merchant category code cannot
21     distinguish the sale of a firearm from the sale of a gun safe by
22     a firearms and ammunition merchant, and
23          WHEREAS, the use of the new merchant category code to
24     detect suspicious activities predicting future unlawful activity
25     will likely discourage financial institutions from serving
26     lawful retailers of firearms and ammunition and chill the lawful
27     exercise of Second Amendment rights, and
28          WHEREAS, current law requires a firearm retailer to conduct
29     a criminal history records check on a potential purchaser before
30     delivering a firearm to the purchaser, and
31          WHEREAS, the new merchant category code may result in
32     credit card companies reporting law-abiding citizens to a law
33     enforcement agency based on overbroad definitions of suspicious
34     activity and the creation of a de facto gun registry and
35     watchlists of law-abiding citizens, and
36          WHEREAS, the use of the new merchant category code will
37     likely make the job of law enforcement officers more difficult,
38     as those purchasing a firearm from a firearm retailer for an
39     unlawful purpose will likely purchase firearms with cash,
40     cryptocurrency, or other means that are difficult or impossible
41     to trace, and
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 221   (2023)
       Amendment No. 1


42          WHEREAS, developing appropriate regulations for the sale of
43     firearms and ammunition while protecting the right of self -
44     defense is the role of democratically elected officials, not the
45     role of unelected bankers and foreign organizations, NOW,
46     THEREFORE,
47
48     Be It Enacted by the Legislature of the State of Florida:
49
50          Section 1.    Paragraph (a) of subsection (1) and subsections
51     (2) and (4) of section 790.335, Florida Statutes, are amended to
52     read:
53          790.335    Prohibition of registration of firearms;
54     electronic records.—
55          (1)     LEGISLATIVE FINDINGS AND INTENT.—
56          (a)     The Legislature finds and declares that:
57          1.    The right of individuals to keep and bear arms is
58     guaranteed under both the Second Amendment to the United States
59     Constitution and s. 8, Art. I of the State Constitution.
60          2.    A list, record, or registry of legally owned firearms
61     or law-abiding firearm owners is not a law enforcement tool and
62     can become an instrument for profiling, harassing, or abusing
63     law-abiding citizens based on their choice to own a firearm and
64     exercise their Second Amendment right to keep and bear arms as
65     guaranteed under the United States Constitution. Further, such a
66     list, record, or registry has the potential to fall into the
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 221   (2023)
       Amendment No. 1


67     wrong hands and become a shopping list for thieves.
68          3.    A list, record, or registry of legally owned firearms
69     or law-abiding firearm owners is not a tool for fighting
70     terrorism, but rather is an instrument that can be used as a
71     means to profile innocent citizens and to harass and abuse
72     American citizens based solely on their choice to own firearms
73     and exercise their Second Amendment right to keep and bear arms
74     as guaranteed under the United States Constitution.
75          4.    The creation or maintenance of records of purchases of
76     firearms or ammunition or the tracking of sales made by a
77     retailer of firearms or ammunition by a nongovernmental entity,
78     including a financial institution, without a substantial and
79     historical business need or a requirement imposed by law, may
80     frustrate the right to keep and bear arms and violate the
81     reasonable privacy rights of lawful purchasers of firearms or
82     ammunition.
83          5.    Law-abiding firearm owners whose names have been
84     illegally recorded in a list, record, or registry are entitled
85     to redress.
86          (2)    PROHIBITIONS.—
87          (a)    A No state governmental agency or local government,
88     special district, or other political subdivision or official,
89     agent, or employee of the such state or other governmental
90     entity or any other person, public or private, may not shall
91     knowingly and willfully keep or cause to be kept any list,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 221   (2023)
        Amendment No. 1


 92     record, or registry of privately owned firearms or any list,
 93     record, or registry of the owners of those firearms.
 94          (b)   A payment settlement entity, merchant acquiring
 95     entity, or third party settlement organization as those terms
 96     are defined in s. 6050W of the Internal Revenue Code may not
 97     assign a merchant category code to or otherwise classify a
 98     merchant that is a seller of firearms or ammunition separately
 99     from general merchandise retailers or sporting goods retailers.
100          (c)   An entity involved in facilitating or processing a
101     payment card transaction, including, but not limited to, a
102     financial institution, an acquirer, a payment card network, or a
103     payment card issuer, may not assign to or require a merchant to
104     use a merchant category code that classifies the merchant as a
105     firearms or ammunition retailer or places the merchant in a
106     similar classification. A merchant of firearms or ammunition may
107     be assigned or may use a merchant category code for general
108     merchandise retailers or sporting goods retailers. Any agr eement
109     or contractual provision to the contrary is void in violation of
110     the public policy of this state.
111          (4)   PENALTIES.—
112          (a)   Any person who, or entity that, violates paragraph
113     (2)(a) a provision of this section commits a felony of the third
114     degree, punishable as provided in s. 775.082 or s. 775.083.
115          (b)   Except as required by the provisions of s. 16, Art. I
116     of the State Constitution or the Sixth Amendment to the United
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 221   (2023)
        Amendment No. 1


117     States Constitution, no public funds may not shall be used to
118     defend the unlawful conduct of any person charged with a
119     violation of this section, unless the charges against the such
120     person are dismissed or the such person is determined to be not
121     guilty at trial. Notwithstanding this paragraph, public funds
122     may be expended to provide the services of the office of public
123     defender or court-appointed conflict counsel as provided by law.
124          (c)     The governmental entity, or the designee of the such
125     governmental entity, in whose service or employ a list, re cord,
126     or registry was compiled in violation of paragraph (2)(a) this
127     section may be assessed a fine of up to not more than $5
128     million, if the court determines that the evidence shows that
129     the list, record, or registry was compiled or maintained with
130     the knowledge or complicity of the management of the
131     governmental entity. The Attorney General may bring a civil
132     cause of action to enforce the fines assessed under this
133     paragraph.
134          (d)     The Department of Agriculture and Consumer Services
135     may investigate alleged violations of paragraph (2)(b) or
136     paragraph (2)(c) and, upon finding a violation, bring an
137     administrative action seeking to impose an administrative fine
138     pursuant to s. 570.971 in the Class III category for each
139     violation of paragraph (2)(b) or paragraph (2)(c) for each
140     instance of an unlawfully classified retailer.
141          (e)     The state attorney in the appropriate jurisdiction
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 221   (2023)
        Amendment No. 1


142     shall investigate complaints of criminal violations of this
143     section, except for alleged violations of paragraph (2)(b) or
144     paragraph (2)(c), and shall prosecute violators, where evidence
145     indicates that a violation may have occurred, shall prosecute
146     violators.
147          Section 2.   This act shall take effect July 1, 2023.
148
149           -----------------------------------------------------
150                        T I T L E   A M E N D M E N T
151          Remove everything before the enacting clause and insert:
152          An act relating to sales of firearms and ammunition;
153          amending s. 790.335, F.S.; providing legislative
154          findings; prohibiting payment settlement entities,
155          merchant acquiring entities, or third party settlement
156          organizations from assigning merchant category codes
157          or otherwise classifying merchants of firearms or
158          ammunition separately from general merchandise or
159          sporting goods retailers; prohibiting entities
160          involved in facilitating or processing payment card
161          transactions from assigning to or requiring a merchant
162          to use certain merchant category codes; authorizing a
163          merchant of firearms or ammunition to be assigned or
164          to use certain merchant category codes; specifying
165          that any agreement or contractual provision to the
166          contrary is void and in violation of the public policy
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 221   (2023)
        Amendment No. 1


167          of this state; authorizing the Department of
168          Agriculture and Consumer Services to investigate
169          certain alleged violations and bring administrative
170          actions; providing an exception to complaint
171          investigations by state attorneys; making technical
172          changes; providing an effective date.




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CS/CS/HB 233
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:      CS/CS/HB 233 Next of Kin of Deceased Minors
SPONSOR(S): Constitutional Rights, Rule of Law & Government Operations Subcommittee, Regulatory
Reform & Economic Development Subcommittee, Michael and others
TIED BILLS: HB 789       IDEN./SIM. BILLS: CS/SB 490


    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY
                                                                                                           CHIEF

    1) Regulatory Reform & Economic Development                 13 Y, 0 N, As CS        Mortellaro         Anstead
       Subcommittee

    2) Constitutional Rights, Rule of Law &                     11 Y, 0 N, As CS        Wagoner            Miller
       Government Operations Subcommittee

    3) Commerce Committee                                                               Mortellaro         Hamon


                                                     SUMMARY ANALYSIS
Currently, Florida law provides a list of rights for victims and witnesses of crimes. There are several enumerated
rights for families of certain victims of crime, but no specific mandate that law enforcement agencies provide certain
investigative and contact information to the next of kin of deceased minors who were the victim of a homicide.

The bill defines “next of kin” and requires that, during the criminal 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 investigator and each law enforcement agency for the investigation.
     The case number for the investigation, if applicable.
     A list of the minor's personal effects and information on how the minor's next of kin can collect such personal
         effects, unless 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 bill prohibits the law enforcement agency from providing 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 bill does not appear to have a significant fiscal impact on local or state governme nts.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0233d.COM
DATE: 4/6/2023
                                                   FULL ANALYSIS

                                             I.   SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
          Present Situation

          Investigation Materials

          Under the Florida Constitution, victims of crime and their families are guaranteed certain rights and
          protections.1 Florida law provides a list of rights for victims and witnesses in the criminal justice
          system.2 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
          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 statutory 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.3
              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.4
              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.5
              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.6
              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. 7
              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.




1 Art. I, s. 16, Fla. Const.
2 S. 960.001,   F.S.
3 S. 960.001(1)(a)5.,  F.S.
4 S. 960.001(1)(b),  F.S.
5 S. 960.001(1)(f), F.S.
6 S. 960.001(1)(e), F.S.
7 S. 960.001(1)(g)1., F.S.
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                        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.8
                  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.9

         Curtis’ Law

         In 1997, 16-year-old Curtis Williamson was murdered in California.10 Afterwards, his mother, Patricia
         Ward, had difficulty obtaining information related to the investigation of his death. 11 Since then, his
         mother moved to Florida and began pushing for greater investigation information access for parents of
         deceased minors.12 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. 13 The proposed law is called
         Curtis’ Law.14

         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 guardian15 with the:16
              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; and
              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.17

         Neither the Florida Constitution nor the statutory guidelines for fair treatment of victims of crime define
         “family” or “next of kin.”

         Next of Kin

         Generally, “next of kin” means the nearest blood relation according to the law of consanguinity. 18
         However, Florida statutes provide more specific definitions in different contexts. For example, in
         proceedings pertaining to the protection or custody of children, “next of kin” is defined an adult relative
         of a child who is the child’s brother, sister, aunt, uncle, or first cousin. 19 In the same statute, “family” is

8 S. 960.001(1)(g)2.,  F.S.
9 S. 960.001(1)(g)3.,  F.S.
10 Cole Heath, Action News Jax, Proposed Curtis Law would give families of murdered children informati on about their child's case,

https://www.actionnewsjax.com/news/local/proposed-curtis-law-would-give-families-of-murdered-ch ildren-information-about-their-
childs-case/502708049/ (last visited March 24, 2023).
11 Justice 4 Curtis, Our Story, https://justice4curtis.org/our-story/ (last visited March 24, 2023).
12 Action Jax News, supra note 39.
13 Justice 4 Curtis, supra note 40.
14 Justice 4 Curtis, Curtis Law, https://justice4curtis.org/the-proposed-law/ (last visited March 24, 2023).
15 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.
16 Cal. Penal Code § 679.09
17 Id.
18 Black’s Law Dictionary 1044 (6th Edition 1990).
19 S. 39.01(51), F.S.
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         defined as a collective body of persons consisting of a child and parent, legal custodian, or adult
         relative who live together or where there is a legal responsibility to care for the child, 20 “guardian” is
         described as a relative, nonrelative, next of kin, or fictive kin who has physical custody of a child, 21 and
         “parent” is the woman who gives birth to a child or the legal father or adoptive father. 22

         Effect of the Bill

         The bill, cited as Curtis’ Law, 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, and if
                 more than one law enforcement agency is involved in the investigation, as well as the contact
                 information for each law enforcement agencies 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. Further, 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 bill adds cross-referenced definitions to describe “next of kin” to include “parent,” “guardian,”
          “family,” and “next of kin” as defined in section 39.01, F.S.

    B. SECTION DIRECTORY:
         Section 1:        Provides the act may be cited as “Curtis’ Law.”
         Section 2:        Amends s. 960.001, F.S., providing a definition and requiring certain law enforcement
                           agencies to provide certain investigation information.
         Section 3:        Provides an effective date of July 1, 2023.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              None.
         2. Expenditures:
              None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              None.

         2. Expenditures:


20 S. 39.01(27), F.S.
21 S. 39.01(30), F.S. “Fictive Kin” is a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship
with to a child. S. 39.01(28), F.S.
22 S. 39.01(56), F.S.
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           Indeterminant. The bill may require more local agencies to comply with information requests by the
           next of kin of deceased minors.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
         action requiring the expenditures of funds; reduce the authority that counties or municipalities have
         to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       Law enforcement agencies will need to create guidelines for transmitting certain investigative
       information to a deceased child’s next of kin.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
       On March 9, 2023, the Regulatory Reform and Economic Development Subcommittee adopted one
       amendment and reported the bill favorably as a committee substitute. The committee substitute:
           Clarified when an employee does not need to give their employer advanced notice of using their
             leave.
           Removed recourse for a person who is denied leave.
           Expanded the list of investigative information required to be given to parents or guardians of
             deceased children to include contact information for any secondary law enforcement agencies.
           Made clarifying and conforming changes.

       On March 28, 2023 the Constitutional Rights, Rule of Law & Government Operations Subcommittee
       adopted a PCS and reported the bill favorably as a committee substitute. The PCS removed the
       requirement for leave for employees who had a family member that became a homicide victim. The
       PCS clarified the definition of “next of kin.” Further, the PCS provided that if there is an investigation
       into the death of a minor, the law enforcement agency responsible for the investigation is responsible
       for providing information to the minor’s next of kin.

       This analysis is drawn to the bill as amended by the Constitutional Rights, Rule of Law & Government
       Operations Subcommittee.




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           CS/CS/HB 233                                                                                         2023




    1                                         A bill to be entitled
    2              An act relating to the next of kin of deceased minors;
    3              providing a short title; amending s. 960.001, F.S.;
    4              defining the term "next of kin"; requiring law
    5              enforcement agencies to provide certain information
    6              during the investigation of the death of a minor;
    7              providing an exception; providing construction;
    8              providing an effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                 Section 1.         This act may be cited as "Curtis' Law."
13                 Section 2.         Paragraph (v) is added to subsection (1) of
14         section 960.001, Florida Statutes, to read:
15                 960.001        Guidelines for fair treatment of victims and
16         witnesses in the criminal justice and juvenile justice s ystems.—
17                 (1)         The Department of Legal Affairs, the state attorneys,
18         the Department of Corrections, the Department of Juvenile
19         Justice, the Florida Commission on Offender Review, the State
20         Courts Administrator and circuit court administrators, the
21         Department of Law Enforcement, and every sheriff's department,
22         police department, or other law enforcement agency as defined in
23         s. 943.10(4) shall develop and implement guidelines for the use
24         of their respective agencies, which guidelines are consistent
25         with the purposes of this act and s. 16(b), Art. I of the State

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        CS/CS/HB 233                                                                                         2023




26      Constitution and are designed to implement s. 16(b), Art. I of
27      the State Constitution and to achieve the following objectives:
28              (v)         Information concerning an investigation into the death
29      of a minor.—
30              1.      For purposes of this paragraph, "next of kin" includes
31      "family," "guardian," "next of kin," and "parent" as those terms
32      are defined in s. 39.01.
33              2.      During the investigation of the death of a minor, the
34      law enforcement agency that initiates or bears the primary
35      responsibility for the investigation must provide the minor's
36      next of kin with all of the following information:
37              a.      The contact information for the primary contact, if
38      known, for the particular investigation, and if more than one
39      law enforcement agency is involved in the investigation, the
40      contact information for at least one of the secondary law
41      enforcement agencies involved in the investigation.
42              b.      The case number for the investigation, if applicable.
43              c.      A list of the minor's personal effects that were found
44      on or with the minor and information on how the minor's next of
45      kin can collect such personal effects. A law enforcement agency
46      may withhold the information in this sub-subparagraph if
47      providing the information would jeopardize or otherwise
48      interfere with an active investigation.
49              d.      Information regarding the status of the investigation,
50      at the discretion of the law enforcement agency.

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        CS/CS/HB 233                                                                                         2023




51              3.      This paragraph does not require a law enforcement
52      agency to provide any of the information under this paragraph if
53      doing so would jeopardize or otherwise interfere with an active
54      investigation.
55              4.      This paragraph does not require a law enforcement
56      agency to provide investigative records generated during its
57      investigation to a minor's next of kin for inspection.
58              Section 3.         This act shall take effect July 1, 2023.




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                                                                                                         hb0233-02-c2
CS/HB 253
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 253 Regulation of Securities
SPONSOR(S): Insurance & Banking Subcommittee, Barnaby and others
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 180

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                         18 Y, 0 N, As CS        Sellas             Lloyd

    2) Commerce Committee                                                               Sellas             Hamon


                                                     SUMMARY ANALYSIS

In Florida, the Securities and Investor Protection Act (the Act) regulates securities issued, offered, and sold in
the state of Florida. The Florida Office of Financial Regulation (OFR) regulates and registers the offer and sale
of securities in, to, or from Florida by firms, branch offices, and individuals affiliated with these firms. The Act
currently prohibits dealers, associated persons, and issuers from offering or selling securities in this state
unless registered with the OFR or specifically exempted. Additionally, all securities in Florida must be
registered with the OFR unless they meet a statutory exemption or are federally covered (i.e., under the
exclusive jurisdiction of the United States Securities Exchange Commission (SEC)).

The bill:
    Eliminates the requirement for an issuer to register with OFR when selling securities.
    Reduces the issuer filing fee for certain security offerings.
    Creates a continuing education requirement based on the North American Securities Administration
        Association (NASAA) model rule applicable to associated persons of investment advisers and federal
        covered advisers. Currently, 12 states have adopted continuing education rules based on the NASAA
        model rule.
    Repeals the authority of OFR to require the filing of escrow agreements and to hold escrow funds.
    Makes technical, clarifying, and modernizing updates throughout the Act, especially in regard to
        registration requirements and exemptions.
    Introduces or amends various definitions, including adding regulation of limited liability companies,
        when acting as an issuer, throughout the Act.

The bill has no impact on local government. It has an insignificant negative impact on state government
revenues and no impact on state government expenditures. The bill has an indeterminate, likely minimal,
negative fiscal impact on the private sector.

The bill provides an effective date of October 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                     FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        Federal Securities Regulation

        The federal Securities Exchange Act of 1934 (1934 Act) requires registration of securities market
        participants like broker-dealers and exchanges.1 Generally, any person acting as “broker” or “dealer” as
        defined in the 1934 Act must be registered with the United States Securities and Exchange
        Commission (SEC) and join a self-regulatory organization (SRO), like the Financial Industry Regulatory
        Authority (FINRA) or a national securities exchange. The 1934 Act broadly defines “broker” as “any
        person engaged in the business of effecting transactions in securities for the account of others,” which
        the SEC has interpreted to include involvement in any of the key aspects of a securities transaction,
        including solicitation, negotiation, and execution.2 A “dealer” is “any person engaged in the business of
        buying and selling securities for such person’s own account through a broker or otherwise. 3

        Certain entities in the securities industry are often referred to as “broker-dealers” because such entities
        are considered “brokers” when executing trades on behalf of customers, but are “dealers” when
        executing trades for their own account. In addition to being registered with the SEC, broker-dealers
        must comply with state registration requirements.

        State Securities Regulation

        In addition to federal securities laws, “Blue Sky Laws” are state laws that protect the investing public
        from fraudulent sales practices and activities.4 In Florida, the Securities and Investor Protection Act, ch.
        517, F.S. (Act), regulates securities issued, offered, and sold in the state of Florida. The Florida Office
        of Financial Regulation’s (OFR) Division of Securities (Division) regulates and registers the offer and
        sale of securities in, to, or from Florida by firms, branch offices, and individuals affiliated with these
        firms in accordance with the Act and Rule Chapter 69W, Florida Administrative Code. 5

        As of December 31, 2022, the Division had total registrants in the following areas:
            Dealers:                 2,421
            Investment advisers:     8,096
            Branch offices:         11,435
            Associated Persons: 361,2006

        The Act prohibits dealers, associated persons, and issuers from offering or selling securities in this
        state unless registered with OFR or specifically exempted. 7 Additionally, all securities in Florida must
        be registered with OFR unless they meet one of the exemptions in ss. 517.051 or 517.061, F.S., or are
        federally covered (i.e., under the exclusive jurisdiction of the SEC). 8 Failure to meet the precise

1
 15 U.S.C. §§ 78c(a)(4) and 78o; U.S. Securities and Exchange Commission, Guide to Brok er-Dealer Registration,
http://www.sec.gov/divisions/mark etreg/bdguide.htm#II (last visited Mar. 19, 2023).
2 Id.
3 15 U.S.C. § 78c(a)(5).
4 U.S. S ECURITIES & E XCHANGE COMMISSION, Blue Sk y Laws, http://www.sec.gov/answers/bluesky.htm (last visited Mar. 19,

2023).
5 Pursuant to s. 20.121(3), F.S., the Financial Services Commission (the Governor and Cabinet) serves as the OFR’s

agency head for purposes of rulemaking and appoints the OFR’s Commissioner, who serves as the agency head for
purposes of final agency action for all areas within the OFR’s regulatory authority.
6 Office of Financial Regulation, Agency Analysis of 2023 House Bill 253, p. 2 (Mar. 1, 2023).
7 s. 517.12, F.S.
8 S. 517.07, F.S. If a security is registered with the SEC, s. 517.082, F.S., requires the broker or issuer to notify OFR that

the security is registered with the SEC.
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        requirements of these exemptions can subject the issuer to civil, criminal, and administrative liability for
        the sale of unregistered securities, which is a third-degree felony in Florida.9 Civil remedies under the
        Act include rescission and damages.10 In addition, issuers must comply with disclosure requirements in
        state and federal laws that provide potential investors with full and fair disclosures regarding the
        securities.

        The Act requires the following individuals or businesses to be registered with OFR under s. 517.12,
        F.S., before selling or offering to sell any securities in or from offices in this state, or selling securities to
        persons in this state from offices outside this state: 11
            Dealers, which include:12
                     o Any person, other than an associated person registered under ch. 517, F.S., who
                        engages as a broker or principal in the business of offering, buying, selling, or otherwise
                        dealing or trading in securities issued by another person.
                     o Any issuer who through persons directly compensated or controlled by the issuer
                        engages in the business of offering or selling securities which are issued (or proposed to
                        be issued) by the issuer.
            Investment advisers, which include any person who receives compensation and engages in the
                business of advising others as to the value of securities or as to the advisability of investments
                in, purchasing of, or selling of securities, except a dealer whose performance of these services
                is solely incidental to the conduct their business as a dealer and who receives no special
                compensation for such services.13 Investment advisors do not include a “federal covered
                adviser.”14
            Associated persons, which include:15
                     o With respect to a dealer or investment adviser, any of the following:
                              Any partner, officer, director, or branch manager of a dealer or investment
                                adviser or any person occupying a similar status or performing similar functions;
                              Any individual directly or indirectly controlling or controlled by such dealer or
                                investment adviser, other than an employee whose function is only clerical or
                                ministerial; or
                              Any individual, other than a dealer, employed, appointed, or authorized by a
                                dealer, investment adviser, or issuer to sell securities in any manner or act as an
                                investment adviser as defined in s. 517.021, F.S.
                     o With respect to a federal covered adviser, any person who is an investment adviser
                        representative and who has a place of business in this state.

        Self-Regulatory Organizations

        Formed as a result of a 2007 merger between the National Association of Securities Dealers and
        certain operational arms of the New York Stock Exchange, 16 FINRA is the largest private self-regulatory
        organization for all securities firms doing business in the United States. 17 In addition to operating the
        largest securities arbitration forum in the United States, FINRA operates the Central Registration
        Depository and the Investment Adviser Registration Depository, both which are central databases for
        registration, reporting, and disclosure information for the securities industry. 18

9 S. 517.302(1),   F.S.
10 S. 517.211(3-5),   F.S.
11 S. 517.12(1), F.S.
12 S. 517.021(6)(a), F.S. The term “dealer”, as defined under Florida law, encompasses the definitions of “broker” and

“dealer” under federal law.
13 S. 517.021(14)(a), F.S.
14 S. 517.021(9), (14)(b)9., F.S. A federal covered adviser must be registered under federal law and must provide a

notice-filing to OFR. Ss. 517.021 and 517.1201, F.S.
15 S. 517.021(2), F.S.
16 FINRA, NASD and NYSE Member Regulation Combine to Form the Financial Industry Regulatory Authority,

https://www.finra.org/media-center/news-releases/2007/nasd-and-nyse-member-regulation-combine-form-financial-
industry (last visited Mar. 19, 2023).
17 FINRA, https://www.finra.org/#/ (last visited Mar. 19, 2023).
18 NASAA, CRD & IARD, https://www.nasaa.org/industry-resourc es/crd-iard/ (last visited Mar. 19, 2023).
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         NASAA’s Model Rule on Investment Adviser Representative Continuing Education

         The North American Securities Administrators Association (NASAA) is a voluntary, international,
         association whose membership consists of 67 state, provincial, and territorial securities
         administrators.19 Formed in 1919, NASAA is the “oldest international organization devoted to investor
         protection.”20 NASAA advocates on behalf of state securities agencies in North America that are
         responsible for capital formation and investor protection. 21 NASAA also coordinates training and
         education seminars for securities agency staff22 and creates model rules for implementation amongst
         its members.23

         On November 30, 2020, NASAA adopted a model rule for the implementation of continuing education
         (CE) programs for investment adviser representatives (IARs). 24 Among other things, the model rule:
             Requires IARs of both state-registered and federal covered investment advisers seeking
                registration or renewal of IAR registration to complete 12 CE credits each year;
             Provides that IARs must complete six credits of regulatory and ethics content and six credits of
                compliance and practice content;
             Allows IARs to select courses that appeal to their interests and suit their business models, so
                long as such courses meet the credit requirements and are approved content for the CE
                program;
             Permits IARs to satisfy either some or all of the model rule’s CE requirements through
                completion of the IAR’s home state’s CE requirements and completion of CE courses required
                to be completed by IARs who maintain certain professional designations and those required to
                be completed for registration as an agent of a dealer, provided certain criteria are met;
             Provides that course providers and course content must be approved by NASAA; and
             Requires an IAR who does not complete the CE requirement by the annual deadline to renew
                as “CE inactive;”

         Under the model rule, IARs are responsible for ensuring that completed CE credits are reported to
         FINRA, NASAA’s vendor for program tracking. NASAA has implemented a course reporting fee of $3
         per credit hour. Individual course costs will vary depending on the course and provider selected.

         Currently, 12 NASAA member jurisdictions have adopted CE requirements similar to those proposed in
         the rule, namely, Arkansas, Colorado, Kentucky, Maryland, Michigan, Mississippi, Oklahoma, Oregon,
         South Carolina, Vermont, Washington, D.C., and Wisconsin. 25

         Effect of the Bill

         Definitions

         The bill creates the following definitions:
              “Accredited investor” has the same definition as that in SEC Rule 501, 17 C.F.R. s. 230.501,
                  which includes:
                      o Any bank, savings and loan associations, other institutions defined in section 3(a) of the
                         federal Securities Act of 1933 (1933 Act), brokers or dealers, investment advisers,
                         insurance companies, or investment companies;


19 NASAA, Welcome to NASAA, https://www.nasaa.org/about-us/    (last visited Mar. 19, 2023).
20 Id.
21 Id.
22 Id.
23 See NASAA, NASAA Model Rule on Investment Adviser Representative      Continuing Education (Model Rule 2002-
411(h) or 1956-204(B)(6)-CE ), https://www.nasaa.org/wp-content/uploads/2020/10/ NASAA-IAR-CE-Model-Rule.pdf (last
visited, Mar. 19, 2023).
24 Id.
25 NASAA, https://www.nasaa.org/industry-resources/investment-advisers/investment-adviser-representative-continuing-

education/iar-ce-map/ (last visited, Mar. 19, 2023).
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                   o   Any private business development company as defined in section 202(a)(22) of the
                       Investment Advisers Act of 1940;
                   o   Any organization described in section 501(c)(3) of the Internal Revenue Code that is not
                       formed for the specific purpose of acquiring securities offered with total assets in excess
                       of $5,000,000;
                   o   Any director, executive officer, or general partner of the issuer of the securities being
                       offered or sold, or any director, executive officer, or general partner of a general partner
                       of that issuer; or
                   o   Any natural person whose individual net worth, or joint net worth with that person’s
                       spouse or spousal equivalent, exceeds $1,000,000 (subject to specific calculation
                       restrictions).

       The bill amends the following definitions:
            “Associated person” is now defined by a party’s relation to a dealer or to an investment adviser.
                    o With respect to a dealer, an associated person is a natural person who is employed,
                         appointed, or authorized by a dealer and who represents the dealer in effecting the
                         purchase or sale of a security.
                              The term does not include a dealer or a partner, officer, or director of a dealer
                                  unless such person is specified in the group above. The term also does not
                                  include a dealer’s employee whose function is only clerical or ministerial.
                    o With respect to an investment adviser, an associated person is an individual, including,
                         but not limited to, a partner, officer, director, or branch manager who is employed by or
                         associated with, or is subject to the supervision or control of an investment adviser
                         registered under this chapter, and such person:
                              Makes recommendations or otherwise gives investment advice regarding
                                  securities;
                              Manages client accounts or portfolios;
                              Determines which recommendations or advice regarding securities should be
                                  given;
                              Receives compensation to solicit, offer, or negotiate for the sale of investment
                                  advisory services; or
                              Supervises employees who perform a function outlined above.
                    o With respect to an investment adviser, associated person does not include an
                         investment adviser or an employee whose function is only clerical or ministerial.
            “Dealer” is defined as any person, other than an associated person of a dealer, that engages,
                for all or part of the person’s time, directly or indirectly, as agent or principal in the business of
                offering, buying, selling, or otherwise dealing or trading in securities issued by another person.
                The term does not include the following:
                    o A licensed practicing attorney who renders or performs any services in connection with
                         the regular practice of the attorney’s profession.
                    o A bank authorized to do business in the state, except a nonbank subsidiary of a bank.
                    o A trust company having trust powers that it is authorized to exercise in this state, which
                         renders or performs services in a fiduciary capacity incidental to the exercise of its trust
                         powers.
                    o A wholesaler selling exclusively to dealers.
                    o A person buying and selling for the person’s own account exclusively through a
                         registered dealer or stock exchange.
                    o An issuer.
                    o A natural person representing an issuer in the purchase, sale, or distribution of the
                         issuer’s own securities if such person meets certain criteria.
            “Guaranty” is amended to clarify that a “writing” means “an agreement in writing.”
            “Intermediary” is amended to clarify that an intermediary facilitates an offer or sale of a security
                of an issuer with a principal place of business in Florida through the intermediary’s website.
            “Investment adviser” is amended to have a parallel structure to the new definition of “dealer.”



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       The bill also amends various definitions to include the use of gender-neutral terms, to provide inclusion
       of any amendments to referenced federal securities law, and to specifically include references to limited
       liability companies.

       Viatical Settlements

       The bill amends s. 517.072, F.S. to include provisions relating to viatical settlements for organizational
       purposes that use to reside in s. 517.081, F.S. The provisions were not substantially changed.

       Registration Procedure

       The bill amends s. 517.081, F.S. to allow for all issuers meeting certain criteria, instead of just
       corporations, to use simplified offering circular to register securities. The bill reduces the issuer filing fee
       of $1,000 to $200 for offerings that are below the amount provided in s. 3(b) of the 1933 Act. The bill
       also provides that the office shall deem an application to register a security abandoned if the issuer has
       failed to complete a timely application, as specified by commission rule.

       Registration by Notification; Federal Registration Statements

       The bill provides that the office will consider an application for registration by notification abandoned if
       the SEC has not declared effective the applicant’s federal registration statement within 180 days after
       the applicant’s filing.

       Revocation or Denial of Registration of Securities

       The bill amends this section to include “investigations” in addition to “examinations” in various
       provisions as these provisions are applicable to both examinations and investigations conducted by the
       office.

       The bill replaces the “demonstrated any evidence of unworthiness” standard for revocation or denial of
       a securities registration with the “engaged in any action that would be grounds for revocation, denial, or
       suspension under s. 517.161(1), F.S.” standard.

       The bill removes the standard of “is in any other way dishonest.” The bill also removes the standard of
       revoking or denying a registration based on an issuer failing to timely complete any application for
       registration filed with the office. This provision is, instead, incorporated within ss. 517.081 and 517.082,
       F.S.

       The bill requires that the office must provide notice of the entry of an order suspending the rights to sell
       securities to the issuer personally or by mail. This amendment eliminates the ability of the office to
       provide such notice by telephone confirmed in writing or by telegraph.

       Registration of Dealers, Associated Persons, Intermediaries, and Investment Advisers

       The bill eliminates the requirement that issuers register with the office to sell securities. The bill also
       clarifies which exempt transactions the registration requirement applies to as well as the meaning of
       “securities business.”

       The bill eliminates the requirement that the office finds the applicant to be of “good repute and
       character.” Instead, the office is tasked with finding that the applicant complied with the “applicable
       registration provisions.” The bill provides the office shall register the application “unless the applicant is
       otherwise disqualified for registration pursuant to law.”

       Continuing Education Requirements for Associated Persons of Investment Advisers and Federal
       Covered Advisers


STORAGE NAME: h0253a.COM                                                                                       PAGE: 6
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       The bill creates s. 517.1214, F.S. which provides a continuing education requirement for the associated
       persons of an investment adviser or a federally covered adviser. Starting in the year ending Decem ber
       31, 2024, the associated person of an investment adviser or a federal covered investment adviser shall
       complete continuing educational content offered by a person that NASAA or NASAA’s designee has
       authorized to provide the required continuing education content. The continuing education requirement
       follows an annual reporting period that starts on January 1 and ends on December 31. An associated
       person’s initial reporting period commences the first day of the first full reporting period after the
       individual is required to be registered with the state.

       The continuing education requirement consists of a total of 12 hours of continuing education content
       split into two broad categories:
            Six credits of approved continuing education content that addresses ethical and regulatory
                obligations, with at least 3 hours of the content covering the topic of ethics; and
            Six credits of approved continuing educational content that addresses an associated person’s
                skills and knowledge regarding financial products, investment features, and practices in the
                investment advisory industry.

       An associated person who is also a registered associated person of a FINRA member dealer and is in
       compliance with FINRA’s continuing education requirements will be considered to be in com pliance
       with the continuing education requirements of this section provided that the FINRA continuing
       education content is approved by NASAA.

       Credits of continuing education completed by an associated person who currently holds a credential
       that qualifies for an examination waiver by passing any test prescribed in s. 15(b)(7) of the Securities
       Exchange Act of 1934 will be found to comply with the continuing education requirement upon meeting
       certain conditions. This condition entails that the associated person completes the credits of continuing
       education as a condition for maintaining the credential during the relevant reporting period; the credits
       of continuing education completed were mandatory to maintain the credential; and the continuing
       education content provided by the credentialing organization during the relevant reporting period is
       approved by NASAA.

       The bill provides that an associated person is responsible for ensuring that the provider of continuing
       education content reports the associated person’s completion of the requirements. Additionally,
       completed continuing education content that exceeds the requirements of this section cannot be carried
       over into a following year.

       An associated person that fails to comply with this section by the end of a reporting period must register
       as “CE Inactive” and must complete the continuing education content requirements for the year they
       failed to comply with the requirements and the current reporting year in order to register as an
       associated person again. If the associated person renews as “CE Inactive” at the close of the calendar
       year and fails to complete and report all required CE credits for all reporting periods required by the
       close of the next calendar year, the associated person becomes unregistered.

       An associated person required to be registered in Florida who is registered as an associated person in
       the individual’s home state is considered to be in compliance with this section if the associated person’s
       home state requires at least 12 hours of CE credit annually and such person is in compliance with the
       home state’s CE requirements.

       An associated person who was previously registered under s. 517.12, F.S. and became unregistered
       must complete the continuing education requirements for all reporting periods that occurred between
       the time that the associated person became unregistered and when the person became registered
       again under s. 517.12, F.S. unless the associated person takes and passes the required examinations
       or the examination requirements are waived in connection with the subsequent application for
       registration.

       Rules of Conduct and Prohibited Business Practices for Dealers, Dealers’ Associated Persons and
       Intermediaries
STORAGE NAME: h0253a.COM                                                                                  PAGE: 7
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       The bill amends this section to include intermediaries.

       Revocation, Denial, or Suspension of Registration of Dealer, Investment Adviser, Intermediary, or
       Associated Person

       The bill amends this section to add failure to pay, or attempting to avoid paying, certain final judgments,
       arbitration awards, fines, civil penalties, orders of restitution and disgorgement, or similar monetary
       payment obligations as grounds for denying, suspending, or revoking a registration.

       Escrow Agreement

       The bill repeals s. 517.181, F.S. which allowed the office to require an escrow agreement for securities
       that had been issued for certain intangible assets. The escrow agreement would require that the
       security be delivered in escrow to the office or other depository satisfactory to the office. The security
       would be released from escrow upon showing that the issuer is currently operating a sound business.

       Criminal Punishment Code; Offense Severity Ranking Chart

       The bill removes issuers from the listed parties that would face felony charges for violating s. 517.12(1),
       F.S. as issuers are no longer required to register with the office.

       Miscellaneous

       The bill eliminates the bad business repute and the unworthiness standard from various sections of the
       chapter. The bill also eliminates the use of the term “small loan companies” in various sections of the
       chapter.

       The bill amends various sections to:
           Replace the term “insolvent” with “cannot pay its debts as they become due in the usual course
               of business;”
           Replace the term “advisors” with “advisers” and gendered language with gender-neutral
               language;
           Provide clarity by specifically including limited liabilities companies in the regulations throughout
               ch. 517, F.S.; and
           Update cross-references.

   B. SECTION DIRECTORY:

       Section 1:      Amends s. 517.021, F.S., relating to definitions.

       Section 2:      Amends s. 517.072, F.S., relating to viatical settlement investment.

       Section 3:      Amends s. 517.081, F.S., relating to registration procedure.

       Section 4:      Amends s. 517.082, F.S., relating to registration by notification; federal registration
                       statements.

       Section 5:      Amends s. 517.111, F.S., relating to revocation or denial of registration of securities.

       Section 6:      Amends s. 517.12, F.S., relating to registration of dealers, associated persons,
                       intermediaries, and investment advisers.

       Section 7:      Creates s. 517.1214, F.S., relating to continuing education requirements for associated
                       persons of investment advisers and federal covered advisers.


STORAGE NAME: h0253a.COM                                                                                     PAGE: 8
DATE: 4/7/2023
       Section 8:     Amends s. 517.1217, F.S., relating to rules of conduct and prohibited business practices
                      for dealers and their associated persons and for intermediaries.

       Section 9:     Amends s. 517.161, F.S., relating to revocation, denial, or suspension of registration of
                      dealer, investment adviser, intermediary, or associated person.

       Section 10:    Repeals s. 517.181, F.S., relating to escrow agreement.

       Section 11:    Amends s. 517.201, F.S., relating to investigations; examinations; subpoenas; hearings;
                      witnesses.

       Section 12:    Amends s. 921.0022, F.S., relating to Criminal Punishment Code; offense severity
                      ranking chart.

       Section 13:    Amends s. 517.1215, F.S., relating to requirements, rules of conduct, and prohibited
                      business practices for investment advisers and their associated persons.

       Section 14:    Amends s. 517.061, F.S., relating to exempt transactions.

       Section 15:    Amends s. 517.0611, F.S., relating to intrastate crowdfunding.

       Section 16:    Amends s. 517.075, F.S., relating to Cuba, prospectus disclosure of doing business with,
                      required.
       .
       Section 17:    Amends s. 517.131, F.S., relating to Securities Guaranty Fund.

       Section 18:    Amends s. 517.211, F.S., relating to remedies available in cases of unlawful sale.

       Section 19:    Amends s. 517.315, F.S., relating to fees.

       Section 20:    Amends s. 626.9911, F.S., relating to definitions.

       Section 21:    Amends s. 744.351, F.S., relating to bond of guardian.

       Section 22:    Amends s. 517.1205, F.S., relating to registration of associated persons specific as to
                      securities dealer, investment adviser, or federal covered adviser identified at time of
                      registration approval.

       Section 23:    Provides an effective date of October 1, 2023.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           The bill would have a negative, although insignificant, fiscal impact on state government as the bill
           reduces the issuer fee for certain transactions.

       2. Expenditures:

           None.




STORAGE NAME: h0253a.COM                                                                                   PAGE: 9
DATE: 4/7/2023
    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        The bill has an indeterminate fiscal impact on the private sector. Specifically, the bill requires
        associated persons of investment advisers and federal covered advisers to complete continuing
        education requirements on an annual basis. Costs incurred by associated persons who are required to
        comply with the requirement will vary. NASAA has implemented a course reporting fee of $3 per credit
        hour. Therefore, an associated person will be required to pay a minimum of $36 per year in addition to
        any training costs to meet the CE requirements. Training costs are indeterminable and will vary
        depending on the selected continuing education course and provider, whether the associated person is
        in compliance with FINRA CE requirements, and whether the associated person holds and maintains
        certain professional designations.26

    D. FISCAL COMMENTS:

        None.

                                                       III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

            Not Applicable. This bill does not appear to affect county or municipal governments.

        2. Other:

            None.


    B. RULE-MAKING AUTHORITY:

        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
    On March 21, 2023, the Insurance & Banking Subcommittee considered a proposed committee substitute
    for the bill, adopted one amendment, and reported the bill favorably as a committee substitute. The
    proposed committee substitute made the following changes to the bill:
           Changed bill title from “Securities Transactions” to “Regulation of Securities.”
           Removed new terms introduced in the original bill including “Angel investor group”, “Business
            accelerator”, “Business incubator”, “Target offering amount”, “Tier I dealer”, and “Tier II dealer.”
           Eliminated proposed changes to exempt transactions and intrastate crowdfunding.

26 Florida Office of Financial Regulation,   Agency Analysis of 2023 House Bill 253, p. 7 (Mar. 1, 2023).
STORAGE NAME: h0253a.COM                                                                                     PAGE: 10
DATE: 4/7/2023
          Deleted proposed preoffering communication safe harbors.
          Reverted proposed use of “Tier I” and “Tier II dealer” to the current “dealer” language.
          Eliminated proposed rules of conduct for a Tier II dealer.
          Replaced various uses of the term “natural person” with “individual.”
          Modified the home state reciprocity requirement of the associated person continuing education
           provision to reflect the standards of the state of Florida.
          Removed proposed changes to the definition of “control” to the statutory definition.
   The bill analysis is drafted to the committee substitute as passed by the Insurance & Banking
   Subcommittee.




STORAGE NAME: h0253a.COM                                                                              PAGE: 11
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           CS/HB 253                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to regulation of securities;
    3              reordering and amending s. 517.021, F.S.; requiring
    4              the Financial Services Commission to define the term
    5              "accredited investor"; revising definitions; amending
    6              s. 517.072, F.S.; authorizing the commission to adopt
    7              certain rules relating to viatical settlement
    8              investments; amending s. 517.081, F.S.; revising
    9              requirements for the registration of securities;
10                 revising application fees for certain securities
11                 registrations; requiring the Office of Financial
12                 Regulation to deem an application abandoned under
13                 certain circumstances; conforming provisions to
14                 changes made by the act; amending s. 517.082, F.S.;
15                 making technical changes; requiring the office to deem
16                 an application for registration by notification
17                 abandoned under certain circumstances; amending s.
18                 517.111, F.S.; revising grounds on which the office
19                 may revoke, suspend, or deny the registration of
20                 securities; specifying the office's powers in
21                 investigations of issuers; revising the methods by
22                 which the office may enter an order suspending an
23                 issuer's right to sell securities; amending s. 517.12,
24                 F.S.; revising applicability of registration
25                 requirements; revising requirements for applying for

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        CS/HB 253                                                                                            2023




26              registration as a dealer, an associated person of a
27              dealer, or an investment adviser; conforming
28              provisions to changes made by the act; making
29              technical changes; creating s. 517.1214, F.S.;
30              defining terms; specifying continuing education
31              requirements for associated persons of investment
32              advisers and federal covered advisers; providing that
33              certain education credits satisfy such requirements if
34              certain conditions are met; prohibiting associated
35              persons from carrying forward credits to subsequent
36              reporting periods; specifying a restriction on
37              associated persons who fail to meet such requirements;
38              specifying requirements for certain previously
39              registered associated persons; amending s. 517.1217,
40              F.S.; authorizing the commission to establish rules of
41              conduct and prohibited business practices for
42              intermediaries; amending s. 517.161, F.S.; revising
43              grounds on which the office may deny, revoke,
44              restrict, or suspend registrations of dealers,
45              investment advisers, intermediaries, and associated
46              persons; providing causes for denial of applications
47              or revocation of registrations of certain entities and
48              persons under certain circumstances; repealing s.
49              517.181, F.S., relating to escrow agreements; amending
50              s. 517.201, F.S.; conforming a provision to changes

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        CS/HB 253                                                                                            2023




51              made by the act; amending s. 921.0022, F.S.; revising
52              applicability of a criminal penalty for certain
53              registration violations; amending s. 517.1215, F.S.;
54              making technical changes; amending ss. 517.061,
55              517.0611, 517.075, 517.131, 517.211, 517.315,
56              626.9911, and 744.351, F.S.; conforming cross-
57              references and making technical changes; amending s .
58              517.1205, F.S.; revising legislative intent; providing
59              an effective date.
60
61      Be It Enacted by the Legislature of the State of Florida:
62
63              Section 1.         Section 517.021, Florida Statutes, is reordered
64      and amended to read:
65              517.021        Definitions.—When used in this chapter, unless the
66      context otherwise indicates, the following terms have the
67      following respective meanings:
68              (1)         "Accredited investor" shall be defined by rule of the
69      commission in accordance with the Securities and Exchange
70      Commission Rule 501, 17 C.F.R. s. 230.501.
71              (2)         "Affiliate" means a person that directly, or
72      indirectly through one or more intermediaries, controls, is
73      controlled by, or is under common control with an applicant or
74      registrant.
75              (3)(2)        "Associated person" means:

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 76              (a)1.        With respect to a dealer, a natural person who is
 77      employed, appointed, or authorized by a dealer and who
 78      represents the dealer in effecting or attempting to effect
 79      purchases or sales of securities.
 80              2.      The term does not include the following:
 81              a.      A dealer.
 82              b.      A partner, officer, or director of a dealer or a person
 83      having a similar status or performing similar functions as a
 84      dealer, unless such person is specified in subparagraph 1.
 85              c.      A dealer's employee whose function is only clerical or
 86      ministerial.
 87              d.      A person whose transactions in this state are limited
 88      to those transactions described in s. 15(i)(3) of the Securities
 89      Exchange Act of 1934, as amended.
 90              (b)1.        With respect to an investment adviser, a natural
 91      person, including, but not limited to, a partner, officer,
 92      director, or branch manager, or a person occupying a similar
 93      status or performing similar functions, who:
 94              a.      Is employed by or associated with, or is subject to the
 95      supervision and control of, an investment adviser registered or
 96      required to be registered under this chapter; and
 97              b.      Does any of the following:
 98              (I)         Makes any recommendation or otherwise gives investment
 99      advice regarding securities.
100              (II)        Manages accounts or portfolios of clients.

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         CS/HB 253                                                                                            2023




101              (III)        Determines which recommendation or advice regarding
102      securities should be given.
103              (IV)        Receives compensation to solicit, offer, or negotiate
104      for the sale of investment advisory services.
105              (V)         Supervises employees who perform a function under this
106      sub-subparagraph.
107              2.      The term does not include the following:
108              a.      An investment adviser.
109              b.      An employee whose function is only clerical or
110      ministerial or investment adviser, any of the following:
111              1.      Any partner, officer, director, or branch manager of a
112      dealer or investment adviser or any person occupying a similar
113      status or performing similar functions;
114              2.      Any natural person directly or indirectly controlling
115      or controlled by such dealer or investment adviser, other than
116      an employee whose function is only clerical or ministerial; or
117              3.      Any natural person, other than a dealer, employed,
118      appointed, or authorized by a dealer, investment adviser, or
119      issuer to sell securities in any manner or act as an investment
120      adviser as defined in this section.
121
122      The partners of a partnership and the executive officers of a
123      corporation or other association registered as a dealer, and any
124      person whose transactions in this state are limited to those
125      transactions described in s. 15(h)(2) of the Securities Exchange

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126      Act of 1934, are not "associated persons" within the meaning of
127      this definition.
128              (c)(b)       With respect to a federal covered adviser, a
129      natural any person who is an investment adviser representative
130      and who has a place of business in this state, as such terms are
131      defined in Rule 203A-3 of the Securities and Exchange Commission
132      adopted under the Investment Advisers Act of 1940, as amended.
133              (4)(3)       "Boiler room" means an enterprise in which two or
134      more persons engage in telephone communications with members of
135      the public using two or more telephones at one location, or at
136      more than one location in a common scheme or enterprise.
137              (5)(4)       "Branch office" means any location in this state of
138      a dealer or investment adviser at which one or more associated
139      persons regularly conduct the business of rendering investment
140      advice or effecting any transactions in, or inducing or
141      attempting to induce the purchase or sale of, any security or
142      any location that is held out as such. The commission may adopt
143      by rule exceptions to this definition for dealers in order to
144      maintain consistency with the definition of a branch office used
145      by self-regulatory organizations authorized by the Securities
146      and Exchange Commission, including, but not limited to, the
147      Financial Industry Regulatory Authority. The commission may
148      adopt by rule exceptions to this definition for investment
149      advisers.
150              (6)(7)       "Commission" means the Financial Services

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         CS/HB 253                                                                                            2023




151      Commission.
152              (7)(5)        "Control," including the terms "controlling,"
153      "controlled by," and "under common control with," means the
154      possession, directly or indirectly, of the power to direct or
155      cause the direction of the management or policies of a person,
156      whether through the ownership of voting securities, by contract,
157      or otherwise.
158              (8)(6)(a)          "Dealer" includes, unless otherwise specified, a
159      person, other than an associated person of a dealer, that
160      engages, for all or part of the person's time, directly or
161      indirectly, as agent or principal in the business of offering,
162      buying, selling, or otherwise dealing or trading in securities
163      issued by another person any of the following:
164              1.      Any person, other than an associated person registered
165      under this chapter, who engages, either for all or part of her
166      or his time, directly or indirectly, as broker or principal in
167      the business of offering, buying, selling, or otherwise dealing
168      or trading in securities issued by another person.
169              2.      Any issuer who through persons directly compensated or
170      controlled by the issuer engages, either for all or part of her
171      or his time, directly or indirectly, in the business of offering
172      or selling securities which are issued or are proposed to be
173      issued by the issuer.
174              (b)         The term "dealer" does not include the following:
175              (a)         A licensed practicing attorney who renders or performs

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176      any such services in connection with the regular practice of the
177      attorney's profession.
178              (b)         A bank authorized to do business in this state, except
179      nonbank subsidiaries of a bank.
180              (c)         A trust company having trust powers that it is
181      authorized to exercise in this state, which renders or performs
182      services in a fiduciary capacity incidental to the exercise of
183      its trust powers.
184              (d)         A wholesaler selling exclusively to dealers.
185              (e)         A person buying and selling for the person's own
186      account exclusively through a registered dealer or stock
187      exchange.
188              (f)         An issuer.
189              (g)         A natural person representing an issuer in the
190      purchase, sale, or distribution of the issuer's own securities
191      if such person:
192              1.      Is an officer, a director, a limited liability company
193      manager or managing member, or a bona fide employee of the
194      issuer;
195              2.      Has not participated in the distribution or sale of
196      securities for any issuer for which such person was, within the
197      preceding 12 months, an officer, a director, a limited liability
198      company manager or managing member, or a bona fide employee;
199              3.      Primarily performs, or is intended to perform at the
200      end of the distribution, substantial duties for, or on behalf

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201      of, the issuer other than in connection with transactions in
202      securities; and
203              4.      Does not receive a commission, compensation, or other
204      consideration for the completed sale of the issuer's securities
205      apart from the compensation received for regular duties to the
206      issuer.
207              1.      Any licensed practicing attorney who renders or
208      performs any of such services in connection with the regular
209      practice of her or his profession;
210              2.      Any bank authorized to do business in this state,
211      except nonbank subsidiaries of a bank;
212              3.      Any trust company having trust powers which it is
213      authorized to exercise in this state, which renders or performs
214      services in a fiduciary capacity incidental to the exercise of
215      its trust powers;
216              4.      Any wholesaler selling exclusively to dealers;
217              5.      Any person buying and selling for her or his own
218      account exclusively through a registered dealer or stock
219      exchange; or
220              6.      Pursuant to s. 517.061(11), any person associated with
221      an issuer of securities if such person is a bona fide employee
222      of the issuer who has not participated in the distribution or
223      sale of any securities within the preceding 12 months and who
224      primarily performs, or is intended to perform at the end of the
225      distribution, substantial duties for, or on behalf of, the

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226      issuer other than in connection with transactions in securities.
227              (9)         "Federal covered adviser" means a person that who is
228      registered or required to be registered under s. 203 of the
229      Investment Advisers Act of 1940, as amended. The term "federal
230      covered adviser" does not include any person that who is
231      excluded from the definition of investment adviser under
232      subparagraphs (14)(b)1.-8.
233              (10)        "Federal covered security" means a any security that
234      is a covered security under s. 18(b) of the Securities Act of
235      1933, as amended, or rules and regulations adopted thereunder.
236              (11)        "Guarantor" means a person that who agrees in
237      writing, or that who holds itself out to the public as agreeing,
238      to pay the indebtedness of another when due, including, without
239      limitation, payments of principal and interest on a bond,
240      debenture, note, or other evidence of indebtedness, without
241      resort by the holder to any other obligor, whether or not such
242      writing expressly states that the person signing is signing as a
243      guarantor. The obligation of a guarantor hereunder shall be a
244      continuing, absolute, and unconditional guaranty of payment,
245      without regard to the validity, regularity, or enforceability o f
246      the underlying indebtedness.
247              (12)        "Guaranty" means an agreement in a writing in which
248      one party either agrees, or holds itself out to the public as
249      agreeing, to pay the indebtedness of another when due,
250      including, without limitation, payments of principal and

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         CS/HB 253                                                                                            2023




251      interest on a bond, debenture, note, or other evidence of
252      indebtedness, without resort by the holder to any other obligor,
253      whether or not such writing expressly states that the person
254      signing is signing as a guarantor. An agreement that is not
255      specifically denominated as a guaranty shall nevertheless
256      constitute a guaranty if the holder of the underlying
257      indebtedness or the holder's her or his representative or
258      trustee has the right to sue to enforce the guarantor's
259      obligations under the guaranty. Words of guaranty or equivalent
260      words that which otherwise do not specify guaranty of payment
261      create a presumption that payment, rather than collection, is
262      guaranteed by the guarantor. Any guaranty in writing is
263      enforceable notwithstanding any statute of frauds.
264              (13)        "Intermediary" means a natural person residing in
265      this the state or a corporation, trust, partnership, limited
266      liability company, association, or other legal entity registered
267      with the Secretary of State to do business in this the state,
268      which facilitates through its website the offer or sale of
269      securities of an issuer with a principal place of business in
270      this state under s. 517.0611.
271              (14)(a)        "Investment adviser" means a includes any person,
272      other than an associated person of an investment adviser or a
273      federal covered adviser, that who receives compensation,
274      directly or indirectly, and engages for all or part of the
275      person's her or his time, directly or indirectly, or through

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         CS/HB 253                                                                                            2023




276      publications or writings, in the business of advising others as
277      to the value of securities or as to the advisability of
278      investments in, purchasing of, or selling of securities , except
279      a dealer whose performance of these services is solely
280      incidental to the conduct of her or his business as a dealer and
281      who receives no special compensation for such services.
282              (b)         The term "investment adviser" does not include the
283      following:
284              1.      A dealer or associated person of a dealer whose
285      performance of services in paragraph (a) is solely incidental to
286      the conduct of the dealer's or associated person's business as a
287      dealer and who does not receive special compensation for those
288      services.
289              2.      A Any licensed practicing attorney or certified public
290      accountant whose performance of such services is solely
291      incidental to the practice of the attorney's or accountant's her
292      or his profession.;
293              2.      Any licensed certified public accountant whose
294      performance of such services is solely incidental to the
295      practice of her or his profession;
296              3.      A Any bank authorized to do business in this state.;
297              4.      A Any bank holding company as defined in the Bank
298      Holding Company Act of 1956, as amended, authorized to do
299      business in this state.;
300              5.      A Any trust company having trust powers, as defined in

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         CS/HB 253                                                                                            2023




301      s. 658.12, which it is authorized to exercise in this the state,
302      which trust company renders or performs investment advisory
303      services in a fiduciary capacity incidental to the exercise of
304      its trust powers.;
305               6.      A Any person that who renders investment advice
306      exclusively to insurance or investment companies.;
307               7.      A Any person that who does not hold itself herself or
308      himself out to the general public as an investment adviser and
309      has no more than 15 clients within 12 consecutive months in this
310      state.;
311               8.      A Any person whose transactions in this state are
312      limited to those transactions described in s. 222(d) of the
313      Investment Advisers Act of 1940, as amended. Those clients
314      listed in subparagraph 6. may not be included when determining
315      the number of clients of an investment adviser for purposes of
316      s. 222(d) of the Investment Advisers Act of 1940, as amended.;
317      or
318               9.      A federal covered adviser.
319               (15)        "Issuer" means a any person that who proposes to
320      issue, has issued, or shall hereafter issue any security. A Any
321      person that who acts as a promoter for and on behalf of a
322      corporation, trust, or unincorporated association or
323      partnership, limited liability company, association, or other
324      legal entity of any kind to be formed shall be deemed an issuer.
325               (16)        "Offer to sell," "offer for sale," or "offer" means

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         CS/HB 253                                                                                            2023




326      an any attempt or offer to dispose of, or solicitation of an
327      offer to buy, a security or interest in a security, or an
328      investment or interest in an investment, for value.
329              (17)(8)        "Office" means the Office of Financial Regulation
330      of the commission.
331              (18)(17)           "Predecessor" means a person whose the major
332      portion of whose assets has have been acquired directly or
333      indirectly by an issuer.
334              (19)(18)           "Principal" means an executive officer of a
335      corporation, partner of a partnership, sole proprietor of a sole
336      proprietorship, trustee of a trust, or any other person with
337      similar supervisory functions with respect to any organization,
338      whether incorporated or unincorporated.
339              (20)(19)           "Promoter" includes the following:
340              (a)         A Any person that who, acting alone or in conjunction
341      with one or more other persons, directly or indirectly takes the
342      initiative in founding and organizing the business or enterprise
343      of an issuer.
344              (b)         A Any person that who, in connection with the founding
345      or organizing of the business or enterprise of an issuer,
346      directly or indirectly receives in consideration of services or
347      property, or both services and property, 10 percent or more of
348      any class of securities of the issuer or 10 percent or more of
349      the proceeds from the sale of any class of securities. However,
350      a person that who receives such securities or proceeds either

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351      solely as underwriting commissions or solely in connection with
352      property shall not be deemed a promoter if such person does not
353      otherwise take part in founding and organizing the enterprise.
354              (21)(20)          "Qualified institutional buyer" means a any
355      qualified institutional buyer, as defined in United States
356      Securities and Exchange Commission Rule 144A, 17 C.F.R. s.
357      230.144A(a), under the Securities Act of 1933, as amended, or
358      any foreign buyer that satisfies the minimum financial
359      requirements set forth in such rule.
360              (22)(21)          "Sale" or "sell" means a any contract of sale or
361      disposition of an any investment, security, or interest in a
362      security, for value. With respect to a security or interest in a
363      security, the term defined in this subsection does not include
364      preliminary negotiations or agreements between an issuer or any
365      person on whose behalf an offering is to be made and any
366      underwriter or among underwriters who are or are to be in
367      privity of contract with an issuer. Any security given or
368      delivered with, or as a bonus on account of, any purchase of
369      securities or any other thing shall be conclusively presumed to
370      constitute a part of the subject of such purchase and to have
371      been offered and sold for value. Every sale or offer of a
372      warrant or right to purchase or subscribe to another security of
373      the same or another issuer, as well as every sale or offer of a
374      security which gives the holder a present or future right or
375      privilege to convert into another security or another issuer, is

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         CS/HB 253                                                                                            2023




376      considered to include an offer of the other security.
377              (23)(22)           "Security" includes any of the following:
378              (a)         A note.
379              (b)         A stock.
380              (c)         A treasury stock.
381              (d)         A bond.
382              (e)         A debenture.
383              (f)         An evidence of indebtedness.
384              (g)         A certificate of deposit.
385              (h)         A certificate of deposit for a security.
386              (i)         A certificate of interest or participation.
387              (j)         A whiskey warehouse receipt or other commodity
388      warehouse receipt.
389              (k)         A certificate of interest in a profit-sharing
390      agreement or the right to participate therein.
391              (l)         A certificate of interest in an oil, gas, petroleum,
392      mineral, or mining title or lease or the right to participate
393      therein.
394              (m)         A collateral trust certificate.
395              (n)         A reorganization certificate.
396              (o)         A preorganization subscription.
397              (p)         A Any transferable share.
398              (q)         An investment contract.
399              (r)         A beneficial interest in title to property, profits,
400      or earnings.

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         CS/HB 253                                                                                            2023




401              (s)         An interest in or under a profit-sharing or
402      participation agreement or scheme.
403              (t)         An Any option contract that which entitles the holder
404      to purchase or sell a given amount of the underlying security at
405      a fixed price within a specified period of time.
406              (u)         Any other instrument commonly known as a security,
407      including an interim or temporary bond, debenture, note, or
408      certificate.
409              (v)         A Any receipt for a security, or for subscription to a
410      security, or a any right to subscribe to or purchase any
411      security.
412              (w)         A viatical settlement investment.
413              (24)(23)           "Underwriter" means a person that who has
414      purchased from an issuer or an affiliate of an issuer with a
415      view to, or offers or sells for an issuer or an affiliate of an
416      issuer in connection with, the distribution of any security, or
417      participates or has a direct or indirect participation in any
418      such undertaking, or participates or has a participation in the
419      direct or indirect underwriting of any such undertaking; except
420      that a person is shall be presumed not to be an underwriter with
421      respect to any security which it she or he has owned
422      beneficially for at least 1 year; and, further, a dealer is
423      shall not be considered an underwriter with respect to any
424      securities which do not represent part of an unsold allotment to
425      or subscription by the dealer as a participant in the

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         CS/HB 253                                                                                            2023




426      distribution of such securities by the issuer or an affiliate of
427      the issuer; and, further, in the case of securities acquired on
428      the conversion of another security without payment of additional
429      consideration, the length of time such securities have been
430      beneficially owned by a person includes the period during whi ch
431      the convertible security was beneficially owned and the period
432      during which the security acquired on conversion has been
433      beneficially owned.
434              (25)(24)           "Viatical settlement investment" means an
435      agreement for the purchase, sale, assignment, transfer, devise,
436      or bequest of all or any portion of a legal or equitable
437      interest in a viaticated policy as defined in chapter 626.
438              Section 2.          Paragraph (d) of subsection (3) of section
439      517.072, Florida Statutes, is amended, and subsection (4) is
440      added to that section, to read:
441              517.072        Viatical settlement investments.—
442              (3)         The registration provisions of ss. 517.07 and 517.12
443      do not apply to any of the following transactions in viatical
444      settlement investments; however, such transactions in viatical
445      settlement investments are subject to the provisions of ss.
446      517.301, 517.311, and 517.312:
447              (d)         The transfer or assignment of a viaticated policy to a
448      bank, trust company, savings institution, insurance company,
449      dealer, investment company as defined in the Investment Company
450      Act of 1940, as amended, pension or profit-sharing trust, or

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         CS/HB 253                                                                                            2023




451      qualified institutional buyer as defined in United States
452      Securities and Exchange Commission Rule 144A, 17 C.F.R. s.
453      230.144A(a), or to an accredited investor as defined by Rule 501
454      of Regulation D of the Securities Act Rules, provided such
455      transfer or assignment is not for the direct or indirect
456      promotion of any scheme or enterprise with the intent of
457      violating or evading any provision of this chapter.
458              (4)         The commission may establish by rule requirements and
459      standards for disclosures to purchasers of viatical settlement
460      investments and recordkeeping requirements for sellers of
461      viatical settlement investments.
462              Section 3.         Paragraphs (a), (g), and (n) of subsection (3)
463      and subsections (6) and (8) of section 517.081, Florida
464      Statutes, are amended to read:
465              517.081        Registration procedure.—
466              (3)         The office may require the applicant to submit to the
467      office the following information concerning the issuer and such
468      other relevant information as the office may in its judgment
469      deem necessary to enable it to ascertain whether such securities
470      shall be registered pursuant to the provisions of this section:
471              (a)         The names and addresses of:
472              1.      All the directors, trustees, and officers, if the
473      issuer is be a corporation, association, or trust.
474              2.      All the managers or managing members, if the issuer is
475      a limited liability company.

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         CS/HB 253                                                                                            2023




476              3.      ; of All the partners, if the issuer is be a
477      partnership.
478              4.      ; or of The issuer, if the issuer is a sole
479      proprietorship or natural person be an individual.
480              (g)1.       A specimen copy of the securities certificate, if
481      applicable, security and a copy of any circular, prospectus,
482      advertisement, or other description of such securities.
483              2.      The commission shall adopt a form for a simplified
484      offering circular to be used solely by corporations to register,
485      under this section, securities of the corporation that are sold
486      in offerings in which the aggregate offering price in any
487      consecutive 12-month period does not exceed the amount provided
488      in s. 3(b) of the Securities Act of 1933, as amended. The
489      following issuers shall not be eligible to submit a simplified
490      offering circular adopted pursuant to this subparagraph:
491              a.      An issuer seeking to register securities for resale by
492      persons other than the issuer.
493              b.      An issuer that who is subject to any of the
494      disqualifications described in 17 C.F.R. s. 230.262, adopted
495      pursuant to the Securities Act of 1933, as amended, or that who
496      has been or is engaged or is about to engage in an activity that
497      would be grounds for denial, revocation, or suspension under s.
498      517.111. For purposes of this subparagraph, an issuer includes
499      an issuer's director, officer, manager or managing member, or
500      equity owner shareholder who owns at least 10 percent of the

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         CS/HB 253                                                                                            2023




501      ownership interests shares of the issuer, promoter, or selling
502      agent of the securities to be offered or any officer, director,
503      or partner of such selling agent.
504              c.      An issuer that who is a development-stage company that
505      either has no specific business plan or purpose or has indicated
506      that its business plan is to merge with an unidentified company
507      or companies.
508              d.      An issuer of offerings in which the specific business
509      or properties cannot be described.
510              e.      Any issuer the office determines is ineligible because
511      if the form does would not provide full and fair disclosure of
512      material information for the type of offering to be registered
513      by the issuer.
514              f.      Any issuer that corporation which has failed to provide
515      the office the reports required for a previous offering
516      registered pursuant to this subparagraph.
517
518      As a condition precedent to qualifying for use of the simplified
519      offering circular, an issuer a corporation shall agree to
520      provide the office with an annual financial report containing a
521      balance sheet as of the end of the issuer's fiscal year and a
522      statement of income for such year, prepared in accordance with
523      United States generally accepted accounting principles and
524      accompanied by an independent accountant's report. If the issuer
525      has more than 100 security holders at the end of a fiscal year,

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         CS/HB 253                                                                                            2023




526      the financial statements must be audited. Annual financial
527      reports must be filed with the office within 90 days after the
528      close of the issuer's fiscal year for each of the first 5 years
529      following the effective date of the registration.
530              (n)         If the issuer is a corporation, there shall be filed
531      with the application a copy of its articles of incorporation
532      with all amendments and of its existing bylaws, if not already
533      on file in the office. If the issuer is a limited liability
534      company, there shall be filed with the application a copy of the
535      articles of organization with all the amendments and a copy of
536      the company's operating agreement, if not already on file with
537      the office. If the issuer is a trustee, there shall be filed
538      with the application a copy of all instruments by which the
539      trust is created or declared and in which it is accepted and
540      acknowledged. If the issuer is a partnership, unincorporated
541      association, joint-stock company, or any other form of
542      organization whatsoever, there shall be filed with the
543      application a copy of its articles of partnership or association
544      and all other papers pertaining to its organization, if not
545      already on file in the office.
546              (6)         An issuer filing an application under this section
547      shall, at the time of filing, pay the office a nonreturnable fee
548      of $1,000 per application for each offering that exceeds the
549      amount provided in s. 3(b) of the Securities Act of 1933, as
550      amended, or $200 per application for each offering that does not

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         CS/HB 253                                                                                            2023




551      exceed the amount provided in s. 3(b) of the Securities Act of
552      1933, as amended.
553              (8)         The office shall deem an application to register
554      securities filed with the office abandoned if the issuer or any
555      person acting on behalf of the issuer has failed to t imely
556      complete an application specified by commission rule The
557      commission may by rule establish requirements and standards for:
558              (a)         Disclosures to purchasers of viatical settlement
559      investments.
560              (b)         Recordkeeping requirements for sellers of viatical
561      settlement investments.
562              Section 4.         Section 517.082, Florida Statutes, is amended
563      to read:
564              517.082        Notification Registration by notification; federal
565      registration statements.—
566              (1)         Except as provided in subsection (3), Securities
567      offered or sold pursuant to a registration statement filed under
568      the Securities Act of 1933, as amended, are shall be entitled to
569      registration by notification in the manner provided in
570      subsection (2), provided that before prior to the offer or sale
571      the registration statement has become effective.
572              (2)         An application for registration by notification shall
573      be filed with the office, shall contain the following
574      information, and shall be accompanied by all of the following:
575              (a)         An application to sell executed by the issuer, any

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         CS/HB 253                                                                                            2023




576      person on whose behalf the offering is made, a dealer registered
577      under this chapter, or any duly authorized agent of any such
578      person, setting forth the name and address of the applicant, the
579      name and address of the issuer, and the title of the securities
580      to be offered and sold.;
581              (b)         Copies of such documents filed with the Securities and
582      Exchange Commission as the Financial Services Commission may by
583      rule require.;
584              (c)         An irrevocable written consent to service as required
585      by s. 517.101.; and
586              (d)         A nonreturnable fee of $1,000 per application.
587
588      A registration under this section becomes effective when the
589      federal registration statement becomes effective or as of the
590      date the application is filed with the office, whichever is
591      later, provided that, in addition to the items listed in
592      paragraphs (a)-(d), the office has received written notification
593      of effective registration under the Securities Act of 1933 , as
594      amended, or the Investment Company Act of 1940, as amended,
595      within 10 business days after from the date federal registration
596      is granted. Failure to provide all the information required by
597      this subsection to the office within 60 days after of the date
598      the registration statement becomes effective with the Securit ies
599      and Exchange Commission shall be a violation of this chapter.
600              (3)         Except for units of limited partnership interests or

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         CS/HB 253                                                                                            2023




601      such other securities as the commission describes by rule as
602      exempt from this subsection due to high investment quality, the
603      provisions of this section may not be used to register
604      securities if the offering price at the time of effectiveness
605      with the Securities and Exchange Commission is $5 or less per
606      share, unless such securities are listed or designated, or
607      approved for listing or designation upon notice of issuance, on
608      a stock exchange registered pursuant to the Securities Exchange
609      Act of 1934, as amended, or on the National Association of
610      Securities Dealers Automated Quotation (NASDAQ) System, or
611      unless such securities are of the same issuer and of senior or
612      substantially equal rank to securities so listed or designated.
613              (4)         In lieu of filing with the office the application,
614      fees, and documents for registration required by subsection (2),
615      the commission may establish, by rule, procedures for depositing
616      fees and filing documents by electronic means, provided such
617      procedures provide the office with the information and data
618      required by this section.
619              (5)         If the Securities and Exchange Commission has not
620      declared effective the applicant's federal registration
621      statement within 180 days after the applicant's filing with the
622      office of an application for registration by notification, the
623      office must deem the application abandoned.
624              Section 5.         Section 517.111, Florida Statutes, is amend ed
625      to read:

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         CS/HB 253                                                                                            2023




626              517.111        Revocation or denial of registration of
627      securities.—
628              (1)         The office may revoke or suspend the registration of
629      any security, or may deny any application to register
630      securities, if, upon examination or investigation into the
631      affairs of the issuer of such security, the office determines it
632      shall appear that:
633              (a)         The issuer cannot pay its debts as they become due in
634      the usual course of business is insolvent;
635              (b)         The issuer or any officer, director, manager or
636      managing member, or control person of the issuer has violated
637      any provision of this chapter or any rule made hereunder or any
638      order of the office of which such issuer has notice;
639              (c)         The issuer or any officer, director, manager or
640      managing member, or control person of the issuer has been or is
641      engaged or is about to engage in fraudulent transactions;
642              (d)         The issuer or any officer, director, manager or
643      managing member, or control person of the issuer has been found
644      guilty of a fraudulent act in connection with any sale of
645      securities, has engaged, is engaged, or is about to engage, in
646      making a fictitious sale or purchase of any security, or in any
647      practice or sale of any security which is fraudulent or a
648      violation of any law;
649              (e)         The issuer or any officer, director, manager or
650      managing member, or control person of the issuer has had a final

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         CS/HB 253                                                                                            2023




651      judgment entered against such issuer or person in a civil action
652      on the grounds of fraud, embezzlement, misrepresentation, or
653      deceit;
654               (f)         The issuer or any officer, director, manager or
655      managing member, or control person of the issuer has engaged in
656      any action that would be grounds for revocation, denial, or
657      suspension under s. 517.161(1) demonstrated any evidence of
658      unworthiness;
659               (g)         The issuer or any officer, director, manager or
660      managing member, or control person of the issuer is in any other
661      way dishonest or has made any fraudulent representations or
662      failed to disclose any material information in any prospectus or
663      in any circular or other literature that has been distributed
664      concerning the issuer or its securities;
665               (h)         The security registered or sought to be registered is
666      the subject of an injunction entered by a court of competent
667      jurisdiction or is the subject of an administrative stop -order
668      or similar order prohibiting the offer or sale of the security;
669      or
670               (i)         For any security for which registration has been
671      applied pursuant to s. 517.081, the terms of the offer or sale
672      of such securities would not be fair, just, or equitable ; or
673               (j)         The issuer or any person acting on behalf of the
674      issuer has failed to timely complete any application for
675      registration filed with the office pursuant to the provisions of

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         CS/HB 253                                                                                            2023




676      s. 517.081 or s. 517.082 or any rule adopted under such
677      sections.
678              (2)         In making such examination or investigation, the
679      office shall have access to and may compel the production of all
680      the books and papers of such issuer and may administer oaths to
681      and examine the officers of such issuer or any other person
682      connected therewith as to its business and affairs and may also
683      require a balance sheet exhibiting the assets and liabilities of
684      any such issuer or its income statement, or both, to be
685      certified to by a public accountant either of this state or of
686      any other state where the issuer's business is located. Whenever
687      the office deems it necessary, it may also require such balance
688      sheet or income statement, or both, to be made more specific in
689      such particulars as the office may require.
690              (3)(2)        If any issuer refuses shall refuse to permit an
691      examination or investigation to be made by the office, it shall
692      be proper ground for revocation of registration.
693              (4)(3)        If the office deems it necessary, it may enter an
694      order suspending the right to sell securities pending any
695      examination or investigation, provided that the order shall
696      state the office's grounds for taking such action.
697              (5)(4)        Notice of the entry of such order shall be given
698      personally or by mail, personally, by telephone confirmed in
699      writing, or by telegraph to the issuer. Before such order is
700      made final, the issuer applying for registration shall, on

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         CS/HB 253                                                                                            2023




701      application, be entitled to a hearing.
702              (6)(5)        The office may deny any request to terminate any
703      registration or to withdraw any application for registration if
704      the office believes that an act which would be grounds for
705      denial, suspension, or revocation under this chapter has been
706      committed.
707              Section 6.         Subsections (3) through (22) of section 517.12,
708      Florida Statutes, are renumbered as subsections (2) through
709      (21), respectively, and subsection (1), present subsections (2)
710      and (3), paragraph (b) of present subsection (6), present
711      subsections (7) and (11), paragraph (b) of present subsection
712      (15), and present subsections (20) and (21) of that section are
713      amended to read:
714              517.12        Registration of dealers, associated persons,
715      intermediaries, and investment advisers.—
716              (1)         No dealer or, associated person, or issuer of
717      securities shall sell or offer for sale any securities in or
718      from offices in this state, or sell securities to persons in
719      this state from offices outside this state, by mail or
720      otherwise, unless the person is has been registered with the
721      office as a dealer or as an associated person of a dealer
722      pursuant to the provisions of this section. The office shall not
723      register any person as an associated person of a dealer unless
724      the dealer with which the applicant seeks registration is
725      lawfully registered with the office pursuant to this chapter.

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         CS/HB 253                                                                                            2023




726              (2)         The registration requirements of this section do not
727      apply to the issuers of securities exempted by s. 517.051(1) -(8)
728      and (10).
729              (2)(3)        Except as otherwise provided in s.
730      517.061(11)(a)4., (13), (16), (17), or (19), The registration
731      requirements of this section do not apply in a transaction
732      exempted by s. 517.061(1)-(10) and (12), s. 517.061(1)-(12),
733      (14), and (15).
734              (5)(6)        A dealer, associated person, or investment adviser,
735      in order to obtain registration, must file with the office a
736      written application, on a form which the commission may by rule
737      prescribe. The commission may establish, by rule, procedures for
738      depositing fees and filing documents by electronic means
739      provided such procedures provide the office with the information
740      and data required by this section. Each dealer or investment
741      adviser must also file an irrevocable written consent to service
742      of civil process similar to that provided for in s. 517.101. The
743      application shall contain such information as the commission or
744      office may require concerning such matters as:
745              (b)         The applicant's form and place of organization; and,
746      if the applicant is:
747              1.      A corporation, a copy of its articles of incorporation
748      and amendments to the articles of incorporation;
749              2.      A limited liability company, a copy of its articles of
750      organization with amendments to its articles; or

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         CS/HB 253                                                                                            2023




751              3., if       A partnership, a copy of the partnership agreement.
752              (6)(7)       The application must also contain such information
753      as the commission or office may require about the applicant; any
754      member, principal, or director of the applicant or any person
755      having a similar status or performing similar functions; any
756      person directly or indirectly controlling the applicant; or any
757      employee of a dealer or of an investment adviser rendering
758      investment advisory services. Each applicant and any direct
759      owners, principals, or indirect owners that are required to be
760      reported on Form BD or Form ADV pursuant to subsection (14) (15)
761      shall submit fingerprints for live-scan processing in accordance
762      with rules adopted by the commission. The fingerprints may be
763      submitted through a third-party vendor authorized by the
764      Department of Law Enforcement to provide live-scan
765      fingerprinting. The costs of fingerprint processing shall be
766      borne by the person subject to the background check. The
767      Department of Law Enforcement shall conduct a state criminal
768      history background check, and a federal criminal history
769      background check must be conducted through the Federal Bureau of
770      Investigation. The office shall review the results of the state
771      and federal criminal history background checks and determi ne
772      whether the applicant meets licensure requirements. The
773      commission may waive, by rule, the requirement that applicants,
774      including any direct owners, principals, or indirect owners that
775      are required to be reported on Form BD or Form ADV pursuant to

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         CS/HB 253                                                                                            2023




776      subsection (14) (15), submit fingerprints or the requirement
777      that such fingerprints be processed by the Department of Law
778      Enforcement or the Federal Bureau of Investigation. The
779      commission or office may require information about any such
780      applicant or person concerning such matters as:
781              (a)         The applicant's or person's His or her full name, and
782      any other names by which the applicant or person he or she may
783      have been known, and the applicant's or person's his or her age,
784      social security number, photograph, qualifications, and
785      educational and business history.
786              (b)         Any injunction or administrative order by a state or
787      federal agency, national securities exchange, or national
788      securities association involving a security or any aspect of a
789      dealer's or investment adviser's regulated the securities
790      business and any injunction or administrative order by a state
791      or federal agency regulating banking, insurance, finance, or
792      small loan companies, real estate, mortgage brokers, or other
793      related or similar industries, which injunctions or
794      administrative orders relate to such person.
795              (c)         The applicant's or person's His or her conviction of,
796      or plea of nolo contendere to, a criminal offense or the
797      applicant's or person's his or her commission of any acts which
798      would be grounds for refusal of an application under s. 517.161.
799              (d)         The names and addresses of other persons of whom the
800      office may inquire as to the applicant's or person's his or her

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         CS/HB 253                                                                                            2023




801      character, reputation, and financial responsibility.
802              (10)(a)(11)(a)            If the office finds that the applicant is
803      of good repute and character and has complied with the
804      applicable registration provisions of this chapter and the rules
805      made pursuant hereto, it shall register the applicant unless the
806      applicant is otherwise disqualified for registration pursuant to
807      law. The registration of each dealer, investment adviser, and
808      associated person expires on December 31 of the year the
809      registration became effective unless the registrant has renewed
810      its his or her registration on or before that date. Registration
811      may be renewed by furnishing such information as the commission
812      may require, together with payment of the fee required in
813      paragraph (9)(a) (10)(a) for dealers, investment advisers, or
814      associated persons and the payment of any amount lawfully due
815      and owing to the office pursuant to any order of the office or
816      pursuant to any agreement with the office. Any dealer,
817      investment adviser, or associated person who has not renewed a
818      registration by the time the current registration expir es may
819      request reinstatement of such registration by filing with the
820      office, on or before January 31 of the year following the year
821      of expiration, such information as may be required by the
822      commission, together with payment of the fee required in
823      paragraph (9)(a) (10)(a) for dealers, investment advisers, or
824      associated persons and a late fee equal to the amount of such
825      fee. Any reinstatement of registration granted by the office

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         CS/HB 253                                                                                            2023




826      during the month of January shall be deemed effective
827      retroactive to January 1 of that year.
828              (b)         The office shall waive the $50 assessment fee for an
829      associated person required by paragraph (9)(a) (10)(a) for a
830      registrant renewing his or her registration who:
831              1.      Is an active duty member of the United States Armed
832      Forces or the spouse of such member;
833              2.      Is or was a member of the United States Armed Forces
834      and served on active duty within the 2 years preceding the
835      expiration date of the registration pursuant to paragraph (a).
836      To qualify for the fee waiver, a registrant who is a for mer
837      member of the United States Armed Forces who served on active
838      duty within the 2 years preceding the expiration date of the
839      registration must have received an honorable discharge upon
840      separation or discharge from the United States Armed Forces; or
841              3.      Is the surviving spouse of a member of the United
842      States Armed Forces if the member was serving on active duty at
843      the time of death and died within the 2 years preceding the
844      surviving spouse's registration expiration date pursuant to
845      paragraph (a).
846
847      A registrant seeking such fee waiver must submit proof, in a
848      form prescribed by commission rule, that the registrant meets
849      one of the qualifications in this paragraph.
850              (14)(15)

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         CS/HB 253                                                                                            2023




851              (b)         In lieu of filing with the office the applications
852      specified in subsection (5) (6), the fees required by subsection
853      (9) (10), the renewals required by subsection (10) (11), and the
854      termination notices required by subsection (11) (12), the
855      commission may by rule establish procedures for the deposit of
856      such fees and documents with the Central Registration Depository
857      or the Investment Adviser Registration Depository of the
858      Financial Industry Regulatory Authority, as developed under
859      contract with the North American Securities Administrators
860      Association, Inc.
861              (19)(20)           An intermediary may not engage in business in
862      this state unless the intermediary is registered as a dealer or
863      as an intermediary with the office pursuant to this section to
864      facilitate the offer or sale of securities in accordance with s.
865      517.0611. An intermediary, in order to obtain registration, must
866      file with the office a written application on a form prescribed
867      by commission rule and pay a registration fee of $200. The fees
868      under this subsection shall be deposited into the Regulatory
869      Trust Fund of the office. The commission may establish by rule
870      procedures for depositing fees and filing documents by
871      electronic means if such procedures provide the office with the
872      information and data required by this section. Each intermediary
873      must also file an irrevocable written consent to service of
874      civil process, as provided in s. 517.101.
875              (a)         The application must contain such information as the

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         CS/HB 253                                                                                            2023




876      commission or office may require concerning:
877              1.      The name of the applicant and address of its principal
878      office and each office in this state.
879              2.      The applicant's form and place of organization; and, if
880      the applicant is:
881              a.      A corporation, a copy of its articles of incorporation
882      and amendments to the articles of incorporation;
883              b.      A limited liability company, a copy of its articles of
884      organization and amendments to the articles and a copy of the
885      company's operating agreement; or
886              c., if        A partnership, a copy of the partnership agreement.
887              3.      The website address where securities of the issuer will
888      be offered.
889              4.      Contact information.
890              (b)         The application must also contain such information as
891      the commission may require by rule about the applicant; any
892      member, principal, or director of the applicant or any person
893      having a similar status or performing similar functions; or any
894      persons directly or indirectly controlling the applicant. Each
895      applicant and any direct owners, principals, or indirect owners
896      that are required to be reported on a form adopted by commission
897      rule shall submit fingerprints for live-scan processing in
898      accordance with rules adopted by the commission. The
899      fingerprints may be submitted through a third-party vendor
900      authorized by the Department of Law Enforcement to provide live -

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         CS/HB 253                                                                                            2023




901      scan fingerprinting. The costs of fingerprint processing shall
902      be borne by the person subject to the background check. The
903      Department of Law Enforcement shall conduct a state criminal
904      history background check, and a federal criminal history
905      background check must be conducted through the Federal Bureau of
906      Investigation. The office shall review the results of the state
907      and federal criminal history background checks and determine
908      whether the applicant meets registration requirements. The
909      commission may waive, by rule, the requirement that applicants,
910      including any direct owners, principals, or indirect owners,
911      which are required to be reported on a form adopted by
912      commission rule, submit fingerprints or the requirement that
913      such fingerprints be processed by the Department of Law
914      Enforcement or the Federal Bureau of Investigation. The
915      commission, by rule, or the office may require information about
916      any applicant or person, including:
917              1.      The applicant's or person's His or her full name and
918      any other names by which the applicant or person he or she may
919      have been known and the applicant's or person's his or her age,
920      social security number, photograph, qualifications, and
921      educational and business history.
922              2.      Any injunction or administrative order by a state or
923      federal agency, national securities exchange, or national
924      securities association involving a security or any aspect of an
925      intermediary's regulated the securities business and any

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         CS/HB 253                                                                                            2023




926      injunction or administrative order by a state or federal agency
927      regulating banking, insurance, finance, or small loan companies,
928      real estate, mortgage brokers, or other related or si milar
929      industries, which relate to such person.
930              3.      The applicant's or person's His or her conviction of,
931      or plea of nolo contendere to, a criminal offense or the
932      applicant's or person's his or her commission of any acts that
933      would be grounds for refusal of an application under s. 517.161.
934              (c)         The application must be amended within 30 days if any
935      information contained in the form becomes inaccurate for any
936      reason.
937              (d)         An intermediary or persons affiliated with the
938      intermediary are not subject to any disqualification described
939      in s. 517.1611 or United States Securities and Exchange
940      Commission Rule 506(d), 17 C.F.R. 230.506(d), adopted pursuant
941      to the Securities Act of 1933, as amended. Each director,
942      officer, manager or managing member, control person of the
943      issuer, any person occupying a similar status or performing a
944      similar function, and each person holding more than 20 percent
945      of the ownership interests shares of the intermediary is subject
946      to this requirement.
947              (e)         If the office finds that the applicant is of good
948      repute and character and has complied with the applicable
949      registration provisions of this chapter and the rules adopted
950      thereunder, it shall register the applicant. The registration of

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         CS/HB 253                                                                                            2023




951      each intermediary expires on December 31 of the year the
952      registration became effective unless the registrant renews his
953      or her registration on or before that date. Registration may be
954      renewed by furnishing such information as the commission may
955      require by rule, together with payment of a $200 fee and the
956      payment of any amount due to the office pursuant to any order of
957      the office or pursuant to any agreement with the office. An
958      intermediary who has not renewed a registration by the time that
959      the current registration expires may request reinstatement of
960      such registration by filing with the office, on or before
961      January 31 of the year following the year of expiration, such
962      information as required by the commission, together with payment
963      of the $200 fee and a late fee of $200. Any reinstatement of
964      registration granted by the office during the month of January
965      is deemed effective retroactive to January 1 of that year.
966              (20)(21)          The registration requirements of this section do
967      not apply to any general lines insurance agent or life insurance
968      agent licensed under chapter 626, for the sale of a security as
969      defined in s. 517.021(23)(g) s. 517.021(22)(g), if the
970      individual is directly authorized by the issuer to offer or sell
971      the security on behalf of the issuer and the issuer is a
972      federally chartered savings bank subject to regulation by the
973      Federal Deposit Insurance Corporation. Actions under this
974      subsection shall constitute activity under the insurance agent's
975      license for purposes of ss. 626.611 and 626.621.

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          CS/HB 253                                                                                            2023




 976              Section 7.          Section 517.1214, Florida Statutes, is created
 977      to read:
 978              517.1214           Continuing education requirements for associated
 979      persons of investment advisers and federal covered advisers. —
 980              (1)         As used in this section, the term:
 981              (a)         "Approved continuing education content" means the
 982      materials, written, oral, or otherwise, which have been approved
 983      by NASAA or its designee and which make up the educational
 984      program provided to an associated person under this section.
 985              (b)         "Credit" means a unit designated by NASAA or its
 986      designee as at least 50 minutes of educational instruction.
 987              (c)         "Home state" means the state in which an associated
 988      person of an investment adviser or a federal covered adviser has
 989      his or her principal office and place of business.
 990              (d)         "NASAA" means the North American Securities
 991      Administrators Association, Inc.
 992              (e)         "Reporting period" means one 12-month period beginning
 993      January 1 and ending December 31. An associated person's initial
 994      reporting period with this state commences the first day of the
 995      first full reporting period after the individual is r egistered
 996      or required to be registered with this state.
 997              (2)         By December 31, 2024, and each December 31 thereafter,
 998      each associated person of an investment adviser or a federal
 999      covered adviser shall complete the following continuing
1000      education content requirements offered by a person that NASAA or

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          CS/HB 253                                                                                            2023




1001      its designee has authorized to provide the continuing education
1002      content required by this section:
1003              (a)         Six credits of approved continuing education content
1004      that addresses an associated person's ethical and regula tory
1005      obligations, with at least 3 hours covering the topic of ethics;
1006      and
1007              (b)         Six credits of approved continuing education content
1008      that addresses an associated person's skills and knowledge
1009      regarding financial products, investment features, and practices
1010      in the investment advisory industry.
1011              (3)         An associated person of an investment adviser or
1012      federal covered adviser who is also registered as an associated
1013      person of a Financial Industry Regulatory Authority (FINRA)
1014      member dealer and who complies with FINRA's continuing education
1015      requirements is considered to be in compliance with this
1016      section's products and practice requirement for each applicable
1017      reporting period, provided that the FINRA continuing education
1018      content is approved continuing education content.
1019              (4)         Credits of continuing education completed by an
1020      associated person who was awarded and currently holds a
1021      credential that qualifies for examination waiver by passing any
1022      tests as prescribed in s. 15(b)(7) of the Securities Exchange
1023      Act of 1934, as amended, comply with paragraphs (2)(a) and (b),
1024      provided all of the following conditions are met:
1025              (a)         The associated person completes the credits of

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          CS/HB 253                                                                                            2023




1026      continuing education as a condition of maintaining the
1027      credential for the relevant reporting period.
1028              (b)         The credits of continuing education completed during
1029      the relevant reporting period by the associated person are
1030      mandatory to maintain the credential.
1031              (c)         The continuing education content provided by the
1032      credentialing organization during the relevant reporting period
1033      is approved continuing education content.
1034              (5)         Each associated person is responsible for ensuring
1035      that the authorized provider reports the associated person's
1036      completion of the applicable continuing education requirements.
1037              (6)         An associated person who completes credits of
1038      continuing education in excess of the credits required for the
1039      reporting period may not carry forward excess credits to a
1040      subsequent reporting period.
1041              (7)         An associated person who fails to comply with this
1042      section by the end of a reporting period shall renew as "CE
1043      inactive" at the close of the calendar year in this state until
1044      the associated person completes and reports all required
1045      continuing education credits for all reporting periods as
1046      required by this section. If an associated person renews as "CE
1047      inactive" at the close of the calendar year and fails to
1048      complete and report all required continuing education credits
1049      for all reporting periods as required by this section by the
1050      close of the next calendar year, the associated person becomes

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          CS/HB 253                                                                                            2023




1051      unregistered for purposes of this chapter.
1052              (8)         An associated person registered or required to be
1053      registered in this state who is registered as an associated
1054      person of an investment adviser or federal covered adviser in
1055      the individual's home state is considered to be in compliance
1056      with this section if:
1057              (a)         The associated person's home state has a continuing
1058      education requirement of at least 12 hours annually; and
1059              (b)         The associated person is in compliance with the home
1060      state's associated person of an investment adviser or federal
1061      covered adviser continuing education requirements.
1062              (9)         An associated person who was previously registered
1063      under s. 517.12 and became unregistered must complete continuing
1064      education for all reporting periods that occurred between the
1065      time that the associated person became unregistered and when the
1066      person became registered again under s. 517.12, unless the
1067      associated person takes and passes the required examinations or
1068      the examination requirements are waived in connection with the
1069      subsequent application for registration.
1070              Section 8.          Section 517.1217, Florida Statutes, is amended
1071      to read:
1072              517.1217           Rules of conduct and prohibited business
1073      practices for dealers and their associated persons and for
1074      intermediaries.—The commission by rule may establish rules of
1075      conduct and prohibited business practices for dealers and their

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          CS/HB 253                                                                                            2023




1076      associated persons and for intermediaries. In adopting the
1077      rules, the commission shall consider general industry standards
1078      as expressed in the rules and regulations of the various federal
1079      and self-regulatory agencies and regulatory associations,
1080      including, but not limited to, the United States Securities and
1081      Exchange Commission, the Financial Industry Regulatory
1082      Authority, and the North American Securities Administrators
1083      Association, Inc.
1084              Section 9.         Subsections (1), (4), and (5) of section
1085      517.161, Florida Statutes, are amended to read:
1086              517.161        Revocation, denial, or suspension of registration
1087      of dealer, investment adviser, intermediary, or associated
1088      person.—
1089              (1)         Registration under s. 517.12 may be denied or any
1090      registration granted may be revoked, restricted, or suspended by
1091      the office if the office determines that such applicant or
1092      registrant; any member, principal, or director of the applicant
1093      or registrant or any person having a similar status or
1094      performing similar functions; or any person directly or
1095      indirectly controlling the applicant or registrant:
1096              (a)         Has violated any provision of this chapter or any rule
1097      or order made under this chapter;
1098              (b)         Has made a material false statement in the application
1099      for registration;
1100              (c)         Has been guilty of a fraudulent act in connection with

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          CS/HB 253                                                                                            2023




1101      rendering investment advice or in connection with any sale of
1102      securities, has been or is engaged or is about to engage in
1103      making fictitious or pretended sales or purchases of any such
1104      securities or in any practice involving the rendering of
1105      investment advice or the sale of securities which is fraudulent
1106      or in violation of the law;
1107              (d)         Has made a misrepresentation or false statement to, or
1108      concealed any essential or material fact from, any person in the
1109      rendering of investment advice or the sale of a security to such
1110      person;
1111              (e)         Has failed to account to persons interested for all
1112      money and property received;
1113              (f)         Has not delivered, after a reasonable time, to persons
1114      entitled thereto securities held or agreed to be delivered by
1115      the dealer, broker, or investment adviser, as and when paid for,
1116      and due to be delivered;
1117              (g)         Is rendering investment advice or selling or offering
1118      for sale securities through any associated person not registered
1119      in compliance with the provisions of this chapter;
1120              (h)         Has demonstrated unworthiness to transact the business
1121      of dealer, investment adviser, intermediary, or associated
1122      person;
1123              (i)         Has exercised management or policy control over or
1124      owned 10 percent or more of the securities of any dealer,
1125      intermediary, or investment adviser that has been declared

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1126      bankrupt, or had a trustee appointed under the Securities
1127      Investor Protection Act; or is, in the case of a dealer,
1128      intermediary, or investment adviser, unable to pay its debts as
1129      they become due in the usual course of business insolvent;
1130              (i)(j)        Has been convicted of, or has entered a plea of
1131      guilty or nolo contendere to, regardless of whether adjudication
1132      was withheld, a crime against the laws of this state or any
1133      other state or of the United States or of any other country or
1134      government which relates to registration as a dealer, investment
1135      adviser, issuer of securities, intermediary, or associated
1136      person; which relates to the application for such registration;
1137      or which involves moral turpitude or fraudulent or dishonest
1138      dealing;
1139              (j)(k)        Has had a final judgment entered against her or him
1140      in a civil action upon grounds of fraud, embezzlement,
1141      misrepresentation, or deceit;
1142              (l)         Is of bad business repute;
1143              (k)(m)        Has been the subject of any decision, finding,
1144      injunction, suspension, prohibition, revocation, denial,
1145      judgment, or administrative order by any court of competent
1146      jurisdiction, administrative law judge, or by any state or
1147      federal agency, national securities, commodities, or option
1148      exchange, or national securities, commodities, or option
1149      association, involving a violation of any federal or state
1150      securities or commodities law or any rule or regulation

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          CS/HB 253                                                                                            2023




1151      promulgated thereunder, or any rule or regulation of an y
1152      national securities, commodities, or options exchange or
1153      national securities, commodities, or options association, or has
1154      been the subject of any injunction or adverse administrative
1155      order by a state or federal agency regulating banking,
1156      insurance, finance or small loan companies, real estate,
1157      mortgage brokers or lenders, money transmitters, or other
1158      related or similar industries. For purposes of this subsection,
1159      the office may not deny registration to any applicant who has
1160      been continuously registered with the office for 5 years after
1161      the date of entry of such decision, finding, injunction,
1162      suspension, prohibition, revocation, denial, judgment, or
1163      administrative order provided such decision, finding,
1164      injunction, suspension, prohibition, revocation, denial ,
1165      judgment, or administrative order has been timely reported to
1166      the office pursuant to the commission's rules; or
1167              (l)(n)        Made payment to the office for a registration with
1168      a check or electronic transmission of funds that is dishonored
1169      by the applicant's or registrant's financial institution;
1170              (m)         Failed to pay and fully satisfy any final judgment or
1171      arbitration award resulting from an investment-related, client-
1172      or customer-initiated arbitration or court proceeding, unless
1173      alternative payment arrangements are agreed to in writing
1174      between the client or customer and the investment adviser,
1175      dealer, or associated person and the investment adviser, dealer,

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          CS/HB 253                                                                                            2023




1176      or associated person complies with the terms of the alternative
1177      payment arrangement;
1178              (n)         Attempted to avoid payment of any final judgment or
1179      arbitration award resulting from an investment-related, client-
1180      or customer-initiated arbitration or court proceeding, unless
1181      alternative payment arrangements are agreed to in writing
1182      between the client or customer and the investment adviser,
1183      dealer, or associated person and the investment adviser, dealer,
1184      or associated person complies with the terms of the alternative
1185      payment arrangements; or
1186              (o)         Failed to pay and fully satisfy any fine, civil
1187      penalty, order of restitution, order of disgorgement, or similar
1188      monetary payment obligation imposed upon the investment adviser,
1189      dealer, or associated person by the Securities and Exchange
1190      Commission, the securities regulator or other financial services
1191      regulator of any state or province, or any securities industry
1192      self-regulatory organization.
1193              (4)         It shall be sufficient cause for denial of an
1194      application or revocation of registration, in the case of a
1195      partnership, corporation, limited liability company, or
1196      unincorporated association, if any member of the partnership,
1197      any manager or managing member of the limited liability company,
1198      or any officer, director, or ultimate equitable owner of the
1199      corporation or association has committed any act or omission
1200      which would be cause for denying, revoking, restricting, or

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          CS/HB 253                                                                                            2023




1201      suspending the registration of an individual dealer, investment
1202      adviser, intermediary, or associated person. As used in this
1203      subsection, the term "ultimate equitable owner" means a natural
1204      person who directly or indirectly owns or controls an ownership
1205      interest in the corporation, partnership, association, or other
1206      legal entity however organized, regardless of whether such
1207      natural person owns or controls such ownership interest through
1208      one or more proxies, powers of attorney, nominees, corporations,
1209      associations, partnerships, trusts, joint stock companies, or
1210      other entities or devices, or any combination thereof.
1211              (5)         The office may deny any request to terminate or
1212      withdraw any application or registration if the office bel ieves
1213      that an act that which would be a ground for denial, suspension,
1214      restriction, or revocation under this chapter has been
1215      committed.
1216              Section 10.            Section 517.181, Florida Statutes, is
1217      repealed.
1218              Section 11.            Paragraph (a) of subsection (4) of section
1219      517.201, Florida Statutes, is amended to read:
1220              517.201        Investigations; examinations; subpoenas; hearings;
1221      witnesses.—
1222              (4)(a)        In the event of substantial noncompliance with a
1223      subpoena or subpoena duces tecum issued or caused to be issued
1224      by the office pursuant to this section, the office may petition
1225      the circuit court of the county in which the person subpoenaed

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          CS/HB 253                                                                                            2023




1226      resides or has its principal place of business for an order
1227      requiring the subpoenaed person to appear and testify and to
1228      produce such books, records, and documents as are specified in
1229      such subpoena duces tecum. The court may grant injunctive relief
1230      restraining the issuance, sale or offer for sale, purchase or
1231      offer to purchase, promotion, negotiation, advertisement, or
1232      distribution in or from offices in this state of securities or
1233      investments in or from this state by the noncompliant a person
1234      or its agent, employee, broker, partner, officer, director,
1235      manager, managing member, equity holder, or any person directly
1236      or indirectly controlling the noncompliant person stockholder
1237      thereof, and may grant such other relief, including, but not
1238      limited to, the restraint, by injunction or appointment of a
1239      receiver, of any transfer, pledge, assignment, or other
1240      disposition of such person's assets or any concealment,
1241      alteration, destruction, or other disposition of subpoenaed
1242      books, records, or documents, as the court deems appropriate,
1243      until such person has fully complied with such subpoena or
1244      subpoena duces tecum and the office has completed its
1245      investigation or examination. The office is entitled to the
1246      summary procedure provided in s. 51.011, and the court shall
1247      advance the cause on its calendar. Costs incurred by the office
1248      to obtain an order granting, in whole or in part, such petition
1249      for enforcement of a subpoena or subpoena duces tecum shall be
1250      taxed against the subpoenaed person, and failure to comply with

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          CS/HB 253                                                                                              2023




1251      such order shall be a contempt of court.
1252              Section 12.             Paragraph (d) of subsection (3) of section
1253      921.0022, Florida Statutes, is amended to read:
1254              921.0022           Criminal Punishment Code; offense severity
1255      ranking chart.—
1256              (3)         OFFENSE SEVERITY RANKING CHART
1257              (d)         LEVEL 4
1258
          Florida                         Felony
          Statute                         Degree                         Description
1259
          316.1935(3)(a)                      2nd       Driving at high speed or with
                                                        wanton disregard for safety
                                                        while fleeing or attempting to
                                                        elude law enforcement officer
                                                        who is in a patrol vehicle with
                                                        siren and lights activated.
1260
          499.0051(1)                         3rd       Failure to maintain or deliver
                                                        transaction history,
                                                        transaction information, or
                                                        transaction statements.
1261
          499.0051(5)                         2nd       Knowing sale or delivery, or
                                                        possession with intent to sell,

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          CS/HB 253                                                                                            2023




                                                      contraband prescription drugs.
1262
          517.07(1)                         3rd       Failure to register securities.
1263
          517.12(1)                         3rd       Failure of dealer or,
                                                      associated person of a dealer,
                                                      or issuer of securities to
                                                      register.
1264
          784.07(2)(b)                      3rd       Battery of law enforcement
                                                      officer, firefighter, etc.
1265
          784.074(1)(c)                     3rd       Battery of sexually violent
                                                      predators facility staff.
1266
          784.075                           3rd       Battery on detention or
                                                      commitment facility staff.
1267
          784.078                           3rd       Battery of facility employee by
                                                      throwing, tossing, or expelling
                                                      certain fluids or materials.
1268
          784.08(2)(c)                      3rd       Battery on a person 65 years of
                                                      age or older.
1269

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          CS/HB 253                                                                                            2023




          784.081(3)                        3rd       Battery on specified official
                                                      or employee.
1270
          784.082(3)                        3rd       Battery by detained person on
                                                      visitor or other detainee.
1271
          784.083(3)                        3rd       Battery on code inspector.
1272
          784.085                           3rd       Battery of child by throwing,
                                                      tossing, projecting, or
                                                      expelling certain fluids or
                                                      materials.
1273
          787.03(1)                         3rd       Interference with custody;
                                                      wrongly takes minor from
                                                      appointed guardian.
1274
          787.04(2)                         3rd       Take, entice, or remove child
                                                      beyond state limits with
                                                      criminal intent pending custody
                                                      proceedings.
1275
          787.04(3)                         3rd       Carrying child beyond state
                                                      lines with criminal intent to
                                                      avoid producing child at

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          CS/HB 253                                                                                            2023




                                                      custody hearing or delivering
                                                      to designated person.
1276
          787.07                            3rd       Human smuggling.
1277
          790.115(1)                        3rd       Exhibiting firearm or weapon
                                                      within 1,000 feet of a school.
1278
          790.115(2)(b)                     3rd       Possessing electric weapon or
                                                      device, destructive device, or
                                                      other weapon on school
                                                      property.
1279
          790.115(2)(c)                     3rd       Possessing firearm on school
                                                      property.
1280
          794.051(1)                        3rd       Indecent, lewd, or lascivious
                                                      touching of certain minors.
1281
          800.04(7)(c)                      3rd       Lewd or lascivious exhibition;
                                                      offender less than 18 years.
1282
          806.135                           2nd       Destroying or demolishing a
                                                      memorial or historic property.
1283

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          CS/HB 253                                                                                            2023




          810.02(4)(a)                      3rd       Burglary, or attempted
                                                      burglary, of an unoccupied
                                                      structure; unarmed; no assault
                                                      or battery.
1284
          810.02(4)(b)                      3rd       Burglary, or attempted
                                                      burglary, of an unoccupied
                                                      conveyance; unarmed; no assault
                                                      or battery.
1285
          810.06                            3rd       Burglary; possession of tools.
1286
          810.08(2)(c)                      3rd       Trespass on property, armed
                                                      with firearm or dangerous
                                                      weapon.
1287
          812.014(2)(c)3.                   3rd       Grand theft, 3rd degree $10,000
                                                      or more but less than $20,000.
1288
          812.014                           3rd       Grand theft, 3rd degree;
             (2)(c)4.-10.                             specified items.
1289
          812.0195(2)                       3rd       Dealing in stolen property by
                                                      use of the Internet; property
                                                      stolen $300 or more.

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          CS/HB 253                                                                                            2023




1290
          817.505(4)(a)                     3rd       Patient brokering.
1291
          817.563(1)                        3rd       Sell or deliver substance other
                                                      than controlled substance
                                                      agreed upon, excluding s.
                                                      893.03(5) drugs.
1292
          817.568(2)(a)                     3rd       Fraudulent use of personal
                                                      identification information.
1293
          817.625(2)(a)                     3rd       Fraudulent use of scanning
                                                      device, skimming device, or
                                                      reencoder.
1294
          817.625(2)(c)                     3rd       Possess, sell, or deliver
                                                      skimming device.
1295
          828.125(1)                        2nd       Kill, maim, or cause great
                                                      bodily harm or permanent
                                                      breeding disability to any
                                                      registered horse or cattle.
1296
          836.14(2)                         3rd       Person who commits theft of a
                                                      sexually explicit image with

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          CS/HB 253                                                                                            2023




                                                      intent to promote it.
1297
          836.14(3)                         3rd       Person who willfully possesses
                                                      a sexually explicit image with
                                                      certain knowledge, intent, and
                                                      purpose.
1298
          837.02(1)                         3rd       Perjury in official
                                                      proceedings.
1299
          837.021(1)                        3rd       Make contradictory statements
                                                      in official proceedings.
1300
          838.022                           3rd       Official misconduct.
1301
          839.13(2)(a)                      3rd       Falsifying records of an
                                                      individual in the care and
                                                      custody of a state agency.
1302
          839.13(2)(c)                      3rd       Falsifying records of the
                                                      Department of Children and
                                                      Families.
1303
          843.021                           3rd       Possession of a concealed
                                                      handcuff key by a person in

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          CS/HB 253                                                                                            2023




                                                      custody.
1304
          843.025                           3rd       Deprive law enforcement,
                                                      correctional, or correctional
                                                      probation officer of means of
                                                      protection or communication.
1305
          843.15(1)(a)                      3rd       Failure to appear while on bail
                                                      for felony (bond estreature or
                                                      bond jumping).
1306
          847.0135(5)(c)                    3rd       Lewd or lascivious exhibition
                                                      using computer; offender less
                                                      than 18 years.
1307
          870.01(3)                         2nd       Aggravated rioting.
1308
          870.01(5)                         2nd       Aggravated inciting a riot.
1309
          874.05(1)(a)                      3rd       Encouraging or recruiting
                                                      another to join a criminal
                                                      gang.
1310
          893.13(2)(a)1.                    2nd       Purchase of cocaine (or other
                                                      s. 893.03(1)(a), (b), or (d),

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          CS/HB 253                                                                                            2023




                                                      (2)(a), (2)(b), or (2)(c)5.
                                                      drugs).
1311
          914.14(2)                         3rd       Witnesses accepting bribes.
1312
          914.22(1)                         3rd       Force, threaten, etc., witness,
                                                      victim, or informant.
1313
          914.23(2)                         3rd       Retaliation against a witness,
                                                      victim, or informant, no bodily
                                                      injury.
1314
          916.1085                          3rd       Introduction of specified
             (2)(c)1.                                 contraband into certain DCF
                                                      facilities.
1315
          918.12                            3rd       Tampering with jurors.
1316
          934.215                           3rd       Use of two-way communications
                                                      device to facilitate commission
                                                      of a crime.
1317
          944.47(1)(a)6.                    3rd       Introduction of contraband
                                                      (cellular telephone or other
                                                      portable communication device)

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          CS/HB 253                                                                                              2023




                                                        into correctional institution.
1318
          951.22(1)(h),                       3rd       Intoxicating drug,
             (j) & (k)                                  instrumentality or other device
                                                        to aid escape, or cellular
                                                        telephone or other portable
                                                        communication device introduced
                                                        into county detention facility.
1319
1320              Section 13.             Section 517.1215, Florida Statutes, is amended
1321      to read:
1322              517.1215           Requirements, rules of conduct, and prohibited
1323      business practices for investment advisers advisors and their
1324      associated persons.—
1325              (1)         The commission shall specify by rule requirements for
1326      investment advisers advisors deemed to have custody of client
1327      funds which concern the following:
1328              (a)         Notification of custody of, maintenance of, and
1329      safeguards for client funds.
1330              (b)         Communications with clients and independent
1331      representatives.
1332              (c)         Requirements for investment advisers who have custody
1333      of pooled investments.
1334              (d)         Exceptions to the custody requirements.
1335

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          CS/HB 253                                                                                            2023




1336      In adopting the rules, the commission shall consider the rules
1337      and regulations of the federal regulatory authority and the
1338      North American Securities Administrators Association, Inc.
1339              (2)         The commission shall by rule establish rules of
1340      conduct and prohibited business practices for investment
1341      advisers and their associated persons. In adopting the rules,
1342      the commission shall consider general industry standards as
1343      expressed in the rules and regulations of the various federal
1344      and self-regulatory agencies and regulatory associations,
1345      including, but not limited to, the United States Securities and
1346      Exchange Commission, the Financial Industry Regulatory
1347      Authority, and the North American Securities Administrators
1348      Association, Inc.
1349              Section 14.            Subsections (18) and (22) of section 517.0 61,
1350      Florida Statutes, are amended to read:
1351              517.061        Exempt transactions.—Except as otherwise provided
1352      in s. 517.0611 for a transaction listed in subsection (21), the
1353      exemption for each transaction listed below is self -executing
1354      and does not require any filing with the office before claiming
1355      the exemption. Any person who claims entitlement to any of the
1356      exemptions bears the burden of proving such entitlement in any
1357      proceeding brought under this chapter. The registration
1358      provisions of s. 517.07 do not apply to any of the following
1359      transactions; however, such transactions are subject to the
1360      provisions of ss. 517.301, 517.311, and 517.312:

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          CS/HB 253                                                                                            2023




1361              (18)        The offer or sale of any security effected by or
1362      through a person in compliance with s. 517.12(16) s. 517.12(17).
1363              (22)        The offer or sale of securities, solely in connection
1364      with the transfer of ownership of an eligible privately held
1365      company, through a merger and acquisition broker in accordance
1366      with s. 517.12(21) s. 517.12(22).
1367              Section 15.             Paragraph (b) of subsection (4) and subsection
1368      (14) of section 517.0611, Florida Statutes, are amended to read:
1369              517.0611           Intrastate crowdfunding.—
1370              (4)         An issuer must:
1371              (b)         Conduct transactions for the offering through a dealer
1372      registered with the office or an intermediary registered under
1373      s. 517.12(19) s. 517.12(20).
1374              (14)        An intermediary not registered as a dealer under s.
1375      517.12(5) s. 517.12(6) may not:
1376              (a)         Offer investment advice or recommendations. A refusal
1377      by an intermediary to post an offering that it deems not
1378      credible or that represents a potential for fraud may not be
1379      construed as an offer of investment advice or recommendation.
1380              (b)         Solicit purchases, sales, or offers to buy securities
1381      offered or displayed on its website.
1382              (c)         Compensate employees, agents, or other persons for the
1383      solicitation of, or based on the sale of, securities offered or
1384      displayed on its website.
1385              (d)         Hold, manage, possess, or otherwise handle investor

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          CS/HB 253                                                                                            2023




1386      funds or securities.
1387              (e)         Compensate promoters, finders, or lead generators for
1388      providing the intermediary with the personal identifying
1389      information of any potential investor.
1390              (f)         Engage in any other activities set forth by commission
1391      rule.
1392              Section 16.            Subsection (1) of section 517.075, Florida
1393      Statutes, is amended to read:
1394              517.075        Cuba, prospectus disclosure of doing business
1395      with, required.—
1396              (1)         Any issuer of securities that will be sold in this
1397      state pursuant to a prospectus must disclose in the prospectus
1398      if the issuer or any affiliate thereof, as defined in s.
1399      517.021(1), does business with the government of Cuba or with
1400      any person or affiliate located in Cuba. The prospectus
1401      disclosure required by this subsection does not apply with
1402      respect to prospectuses prepared before April 10, 1992.
1403              Section 17.            Paragraph (a) of subsection (1) of section
1404      517.131, Florida Statutes, is amended to read:
1405              517.131        Securities Guaranty Fund.—
1406              (1)(a)        The Chief Financial Officer shall establish a
1407      Securities Guaranty Fund. An amount not exceeding 20 percent of
1408      all revenues received as assessment fees pursuant to s.
1409      517.12(9) and (10) s. 517.12(10) and (11) for dealers and
1410      investment advisers or s. 517.1201 for federal covered advisers

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          CS/HB 253                                                                                            2023




1411      and an amount not exceeding 10 percent of all revenues received
1412      as assessment fees pursuant to s. 517.12(9) and (10) s.
1413      517.12(10) and (11) for associated persons shall be part of the
1414      regular license fee and shall be transferred to or deposited in
1415      the Securities Guaranty Fund.
1416              Section 18.            Subsection (1) of section 517.211, Florida
1417      Statutes, is amended to read:
1418              517.211        Remedies available in cases of unlawful sale.—
1419              (1)         Every sale made in violation of either s. 517.07 or s.
1420      517.12(1), (3), (4), (8), (10), (12), (15), or (17) (4), (5),
1421      (9), (11), (13), (16), or (18) may be rescinded at the election
1422      of the purchaser, except a sale made in violation of the
1423      provisions of s. 517.1202(3) relating to a renewal of a branch
1424      office notification shall not be subject to this section, and a
1425      sale made in violation of the provisions of s. 517.12(12) s.
1426      517.12(13) relating to filing a change of address amendment
1427      shall not be subject to this section. Each person making the
1428      sale and every director, officer, partner, or agent of or for
1429      the seller, if the director, officer, partner, or agent has
1430      personally participated or aided in making the sale, is jointly
1431      and severally liable to the purchaser in an action for
1432      rescission, if the purchaser still owns the security, or for
1433      damages, if the purchaser has sold the security. No purchaser
1434      otherwise entitled will have the benefit of this subsection who
1435      has refused or failed, within 30 days of receipt, to accept an

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          CS/HB 253                                                                                            2023




1436      offer made in writing by the seller, if the purchaser has not
1437      sold the security, to take back the security in question and to
1438      refund the full amount paid by the purchaser or, if the
1439      purchaser has sold the security, to pay the purchaser an amount
1440      equal to the difference between the amount paid for the security
1441      and the amount received by the purchaser on the sale of the
1442      security, together, in either case, with interest on the ful l
1443      amount paid for the security by the purchaser at the legal rate,
1444      pursuant to s. 55.03, for the period from the date of payment by
1445      the purchaser to the date of repayment, less the amount of any
1446      income received by the purchaser on the security.
1447              Section 19.            Section 517.315, Florida Statutes, is amended
1448      to read:
1449              517.315        Fees.—All fees of any nature collected by the
1450      office pursuant to this chapter shall be disbursed as follows:
1451              (1)         The office shall transfer the amount of fees required
1452      to be deposited into the Securities Guaranty Fund pursuant to s.
1453      517.131.;
1454              (2)         After the transfer required in subsection (1), the
1455      office shall transfer the $50 assessment fee collected from each
1456      associated person under s. 517.12(9) and (10) s. 517.12(10) and
1457      (11) and 30.44 percent of the $100 assessment fee paid by
1458      dealers and investment advisers advisors for each office in the
1459      state under s. 517.12(9) and (10) s. 517.12(10) and (11) to the
1460      Regulatory Trust Fund.; and

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          CS/HB 253                                                                                            2023




1461              (3)         All remaining fees shall be deposited into the G eneral
1462      Revenue Fund.
1463              Section 20.             Subsection (5) of section 626.9911, Florida
1464      Statutes, is amended to read:
1465              626.9911           Definitions.—As used in this act, the term:
1466              (5)         "Life expectancy provider" means a person who
1467      determines, or holds himself or herself out as determining, life
1468      expectancies or mortality ratings used to determine life
1469      expectancies:
1470              (a)         On behalf of a viatical settlement provider, viatical
1471      settlement broker, life agent, or person engaged in the business
1472      of viatical settlements;
1473              (b)         In connection with a viatical settlement investment as
1474      defined in s. 517.021, pursuant to s. 517.021(24); or
1475              (c)         On residents of this state in connection with a
1476      viatical settlement contract or viatical settlement investment.
1477              Section 21.             Subsection (6) of section 744.351, Florida
1478      Statutes, is amended to read:
1479              744.351         Bond of guardian.—
1480              (6)         When it is expedient in the judgment of any court
1481      having jurisdiction of any guardianship property, because the
1482      size of the bond required of the guardian is burdensome, or for
1483      other cause, the court may order, in lieu of a bond or in
1484      addition to a lesser bond, that the guardian place all or part
1485      of the property of the ward in a designated financial

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          CS/HB 253                                                                                            2023




1486      institution under the same conditions and limitations as are
1487      contained in s. 69.031. A designated financial institution shall
1488      also include a dealer, as defined in s. 517.021 s. 517.021(6),
1489      if the dealer is a member of the Security Investment Protection
1490      Corporation and is doing business in the state.
1491              Section 22.            Section 517.1205, Florida Statutes, is amended
1492      to read:
1493              517.1205          Registration of associated persons specific as to
1494      securities dealer, investment adviser, or federal covered
1495      adviser identified at time of registration approval.—Inasmuch as
1496      this chapter is intended to protect investors in securities
1497      offerings and other investment transactions regulated by that
1498      chapter, its provisions are to be construed to require full and
1499      fair disclosure of all, but only, those matters material to the
1500      investor's evaluation of the offering or other transaction. It
1501      should, furthermore, be construed to impose the standards
1502      provided by law on all those seeking to participate in the
1503      state's securities industry through registration as a securities
1504      dealer, investment adviser, or associated person. To this end,
1505      it is declared to be the intent of the Legislature that the
1506      registration of associated persons required by law is specific
1507      to the securities dealer, investment adviser, or federal covered
1508      adviser identified at the time such registration is approved.
1509      Notwithstanding any interpretation of law to the contrary, the
1510      historical practice of the Department of Banking and Finance,

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          CS/HB 253                                                                                            2023




1511      reflected in its rules, that requires a new application for
1512      registration from a previously registered associated person when
1513      that person seeks to be associated with a new securities dealer
1514      or investment adviser is hereby ratified and approved as
1515      consistent with legislative intent. It is, finally, declared to
1516      be the intent of the Legislature that while approval of an
1517      application for registration of a securities dealer, investment
1518      adviser, or associated person requires a finding of compliance
1519      with the applicable registration provisions of this chapter and
1520      applicable rules the applicant's good repute and character, such
1521      finding is precluded by a determination that the applicant may
1522      be denied registration on grounds provided by law.
1523              Section 23.           This act shall take effect October 1, 2023.




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                                 COMMERCE COMMITTEE

                                CS/HB 253 by Rep. Barnaby
                                 Regulation of Securities

                                 AMENDMENT SUMMARY
                                     April 10, 2023


Amendment 1 by Rep. Barnaby (line 70): The amendment:

Conforms to the Senate bill, by:
   • Providing that an “issuer” of a security who is a “general partner,” trustee,” “manager,”
      and “managing member” is not eligible to submit a simplified offering circular, in addition
      to other issuers who are not eligible to make such a submission under current law.
   • Clarifying that an associated person who is “CE inactive” at the end of the calendar year,
      regarding continuing education requirements, is not eligible for registration.

The amendment also creates an additional registration exemption applicable to investment
advisers who work with private funds. This implements the relevant parts of a National Council
of Insurance Legislator’s model rule.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 253   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Barnaby offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 70-1051 and insert:
 6     Commission Rule 501, 17 C.F.R. s. 230.501, as amended.
 7          (2)     "Affiliate" means a person that directly, or
 8     indirectly through one or more intermediaries, controls, is
 9     controlled by, or is under common control with an applicant or
10     registrant.
11          (3)(2)    "Associated person" means:
12          (a)1.     With respect to a dealer, a natural person who is
13     employed, appointed, or authorized by a dealer and who
14     represents the dealer in effecting or attempting to effect
15     purchases or sales of securities.
16          2.     The term does not include the following:
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17          a.     A dealer.
18          b.     A partner, an officer, or a director of a dealer or a
19     person having a similar status or performing similar functions
20     as a dealer, unless such person is specified in subparagraph 1.
21          c.     A dealer's employee whose function is only clerical or
22     ministerial.
23          d.     A person whose transactions in this state are limited
24     to those transactions described in s. 15(i)(3) of the Securities
25     Exchange Act of 1934, as amended.
26          (b)1.     With respect to an investment adviser, a natural
27     person, including, but not limited to, a partner, an officer, a
28     director, or a branch manager, or a person occupying a similar
29     status or performing similar functions, who:
30          a.     Is employed by or associated with, or is subject to the
31     supervision and control of, an investment adviser registered or
32     required to be registered under this chapter; and
33          b.     Does any of the following:
34          (I)     Makes any recommendation or otherwise gives investment
35     advice regarding securities.
36          (II)    Manages accounts or portfolios of clients.
37          (III)     Determines which recommendations or advice regarding
38     securities should be given.
39          (IV)    Receives compensation to solicit, offer, or negotiate
40     for the sale of investment advisory services.


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41          (V)    Supervises employees who perform a function under thi s
42     sub-subparagraph.
43          2.    The term does not include the following:
44          a.    An investment adviser.
45          b.    An employee whose function is only clerical or
46     ministerial or investment adviser, any of the following:
47          1.    Any partner, officer, director, or branch manager of a
48     dealer or investment adviser or any person occupying a similar
49     status or performing similar functions;
50          2.    Any natural person directly or indirectly controlling
51     or controlled by such dealer or investment adviser, other than
52     an employee whose function is only clerical or ministerial; or
53          3.    Any natural person, other than a dealer, employed,
54     appointed, or authorized by a dealer, investment adviser, or
55     issuer to sell securities in any manner or act as an investment
56     adviser as defined in this section.
57
58     The partners of a partnership and the executive officers of a
59     corporation or other association registered as a dealer, and any
60     person whose transactions in this state are limited to those
61     transactions described in s. 15(h)(2) of the Securities Excha nge
62     Act of 1934, are not "associated persons" within the meaning of
63     this definition.
64          (c)(b)   With respect to a federal covered adviser, a
65     natural any person who is an investment adviser representative
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66     and who has a place of business in this state, as such terms are
67     defined in Rule 203A-3 of the Securities and Exchange Commission
68     adopted under the Investment Advisers Act of 1940, as amended.
69          (4)(3)   "Boiler room" means an enterprise in which two or
70     more persons engage in telephone communications with membe rs of
71     the public using two or more telephones at one location, or at
72     more than one location in a common scheme or enterprise.
73          (5)(4)   "Branch office" means any location in this state of
74     a dealer or investment adviser at which one or more associated
75     persons regularly conduct the business of rendering investment
76     advice or effecting any transactions in, or inducing or
77     attempting to induce the purchase or sale of, any security or
78     any location that is held out as such. The commission may adopt
79     by rule exceptions to this definition for dealers in order to
80     maintain consistency with the definition of a branch office used
81     by self-regulatory organizations authorized by the Securities
82     and Exchange Commission, including, but not limited to, the
83     Financial Industry Regulatory Authority. The commission may
84     adopt by rule exceptions to this definition for investment
85     advisers.
86          (6)(7)   "Commission" means the Financial Services
87     Commission.
88          (7)(5)   "Control," including the terms "controlling,"
89     "controlled by," and "under common control with," means the
90     possession, directly or indirectly, of the power to direct or
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 91     cause the direction of the management or policies of a person,
 92     whether through the ownership of voting securities, by contract,
 93     or otherwise.
 94          (8)(6)(a)    "Dealer" includes, unless otherwise specified, a
 95     person, other than an associated person of a dealer, that
 96     engages, for all or part of the person's time, directly or
 97     indirectly, as agent or principal in the business of offering,
 98     buying, selling, or otherwise dealing or trading in securities
 99     issued by another person any of the following:
100          1.    Any person, other than an associated person registered
101     under this chapter, who engages, either for all or part of her
102     or his time, directly or indirectly, as broker or principal in
103     the business of offering, buying, selling, or otherwise dealing
104     or trading in securities issued by another person.
105          2.    Any issuer who through persons directly compensated or
106     controlled by the issuer engages, either for all or part of her
107     or his time, directly or indirectly, in the business of offering
108     or selling securities which are issued or are proposed to be
109     issued by the issuer.
110          (b)    The term "dealer" does not include the following:
111          (a)    A licensed practicing attorney who renders or performs
112     any such services in connection with the regular practice of the
113     attorney's profession.
114          (b)    A bank authorized to do business in this state, except
115     nonbank subsidiaries of a bank.
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116          (c)     A trust company having trust powers that it is
117     authorized to exercise in this state, which renders or performs
118     services in a fiduciary capacity incidental to the exercise of
119     its trust powers.
120          (d)     A wholesaler selling exclusively to dealers.
121          (e)     A person buying and selling for the person's own
122     account exclusively through a registered dealer or stock
123     exchange.
124          (f)     An issuer.
125          (g)     A natural person representing an issuer in the
126     purchase, sale, or distribution of the issuer's own securities
127     if such person:
128          1.     Is an officer, a director, a limited liability company
129     manager or managing member, or a bona fide employee of the
130     issuer;
131          2.     Has not participated in the distribution or sale of
132     securities for any issuer for which such person was, within the
133     preceding 12 months, an officer, a director, a limited liability
134     company manager or managing member, or a bona fide employee;
135          3.     Primarily performs, or is intended to perform at the
136     end of the distribution, substantial duties for, or on behalf
137     of, the issuer other than in connection with transactions in
138     securities; and
139          4.     Does not receive a commission, compensation, or other
140     consideration for the completed sale of the issuer's securities
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                                                   Bill No. CS/HB 253   (2023)
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141     apart from the compensation received for regular duties to the
142     issuer.
143          1.    Any licensed practicing attorney who renders or
144     performs any of such services in connection with the regular
145     practice of her or his profession;
146          2.    Any bank authorized to do business in this state,
147     except nonbank subsidiaries of a bank;
148          3.    Any trust company having trust powers which it is
149     authorized to exercise in this state, which renders or performs
150     services in a fiduciary capacity incidental to the exercise of
151     its trust powers;
152          4.    Any wholesaler selling exclusively to dealers;
153          5.    Any person buying and selling for her or his own
154     account exclusively through a registered dealer or stock
155     exchange; or
156          6.    Pursuant to s. 517.061(11), any person associated with
157     an issuer of securities if such person is a bona fide employee
158     of the issuer who has not participated in the distribution or
159     sale of any securities within the preceding 12 months and who
160     primarily performs, or is intended to perform at the end of the
161     distribution, substantial duties for, or on behalf of, the
162     issuer other than in connection with transactions in securities.
163          (9)    "Federal covered adviser" means a person that who is
164     registered or required to be registered under s. 203 of the
165     Investment Advisers Act of 1940, as amended. The term "federal
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166     covered adviser" does not include any person that who is
167     excluded from the definition of investment adviser under
168     subparagraphs (14)(b)1.-8.
169          (10)   "Federal covered security" means a any security that
170     is a covered security under s. 18(b) of the Securities Act of
171     1933, as amended, or rules and regulations adopted thereunder.
172          (11)   "Guarantor" means a person that who agrees in
173     writing, or that who holds itself out to the public as agreeing,
174     to pay the indebtedness of another when due, including, without
175     limitation, payments of principal and interest on a bond,
176     debenture, note, or other evidence of indebtedness, withou t
177     resort by the holder to any other obligor, whether or not such
178     writing expressly states that the person signing is signing as a
179     guarantor. The obligation of a guarantor hereunder shall be a
180     continuing, absolute, and unconditional guaranty of payment,
181     without regard to the validity, regularity, or enforceability of
182     the underlying indebtedness.
183          (12)   "Guaranty" means an agreement in a writing in which
184     one party either agrees, or holds itself out to the public as
185     agreeing, to pay the indebtedness of another when due,
186     including, without limitation, payments of principal and
187     interest on a bond, debenture, note, or other evidence of
188     indebtedness, without resort by the holder to any other obligor,
189     whether or not such writing expressly states that the person
190     signing is signing as a guarantor. An agreement that is not
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191     specifically denominated as a guaranty shall nevertheless
192     constitute a guaranty if the holder of the underlying
193     indebtedness or the holder's her or his representative or
194     trustee has the right to sue to enforce the guarantor's
195     obligations under the guaranty. Words of guaranty or equivalent
196     words that which otherwise do not specify guaranty of payment
197     create a presumption that payment, rather than collection, is
198     guaranteed by the guarantor. Any guaranty in writing is
199     enforceable notwithstanding any statute of frauds.
200          (13)   "Intermediary" means a natural person residing in
201     this the state or a corporation, trust, partnership, limited
202     liability company, association, or other legal entity registered
203     with the Secretary of State to do business in this the state,
204     which facilitates through its website the offer or sale of
205     securities of an issuer with a principal place of business in
206     this state under s. 517.0611.
207          (14)(a)   "Investment adviser" means a includes any person,
208     other than an associated person of an investment adviser or a
209     federal covered adviser, that who receives compensation,
210     directly or indirectly, and engages for all or part of the
211     person's her or his time, directly or indirectly, or through
212     publications or writings, in the business of advising others as
213     to the value of securities or as to the advisability of
214     investments in, purchasing of, or selling of securities , except
215     a dealer whose performance of these services is solely
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216     incidental to the conduct of her or his business as a dealer and
217     who receives no special compensation for such services.
218          (b)     The term "investment adviser" does not include the
219     following:
220          1.     A dealer or an associated person of a dealer whose
221     performance of services in paragraph (a) is solely incidental to
222     the conduct of the dealer's or associated person's business as a
223     dealer and who does not receive special compensation for those
224     services.
225          2.     A Any licensed practicing attorney or certified public
226     accountant whose performance of such services is solely
227     incidental to the practice of the attorney's or accountant's her
228     or his profession.;
229          2.     Any licensed certified public accountant whose
230     performance of such services is solely incidental to the
231     practice of her or his profession;
232          3.     A Any bank authorized to do business in this state.;
233          4.     A Any bank holding company as defined in the Bank
234     Holding Company Act of 1956, as amended, authorized to do
235     business in this state.;
236          5.     A Any trust company having trust powers, as defined in
237     s. 658.12, which it is authorized to exercise in this the state,
238     which trust company renders or performs investment advisory
239     services in a fiduciary capacity incidental to the exercise of
240     its trust powers.;
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241          6.     A Any person that who renders investment advice
242     exclusively to insurance or investment companies.;
243          7.     A Any person that who does not hold itself herself or
244     himself out to the general public as an investment adviser and
245     has no more than 15 clients within 12 consecutive months in this
246     state.;
247          8.     A Any person whose transactions in this state are
248     limited to those transactions described in s. 222(d) of the
249     Investment Advisers Act of 1940, as amended. Those clients
250     listed in subparagraph 6. may not be included when determining
251     the number of clients of an investment adviser for purposes of
252     s. 222(d) of the Investment Advisers Act of 1940, as amended.;
253     or
254          9.     A federal covered adviser.
255          (15)    "Issuer" means a any person that who proposes to
256     issue, has issued, or shall hereafter issue any security. A Any
257     person that who acts as a promoter for and on behalf of a
258     corporation, trust, or unincorporated association or
259     partnership, limited liability company, association, or other
260     legal entity of any kind to be formed shall be deemed an issuer.
261          (16)    "Offer to sell," "offer for sale," or "offer" means
262     an any attempt or offer to dispose of, or solicitation of an
263     offer to buy, a security or interest in a security, or an
264     investment or interest in an investment, for value.


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265          (17)(8)    "Office" means the Office of Financial Regulation
266     of the commission.
267          (18)(17)     "Predecessor" means a person whose the major
268     portion of whose assets has have been acquired directly or
269     indirectly by an issuer.
270          (19)(18)     "Principal" means an executive officer of a
271     corporation, partner of a partnership, sole proprietor of a sole
272     proprietorship, trustee of a trust, or any other person with
273     similar supervisory functions with respect to any organization,
274     whether incorporated or unincorporated.
275          (20)(19)     "Promoter" includes the following:
276          (a)   A Any person that who, acting alone or in conjunction
277     with one or more other persons, directly or indirectly takes the
278     initiative in founding and organizing the business or enterprise
279     of an issuer.
280          (b)   A Any person that who, in connection with the founding
281     or organizing of the business or enterprise of an issuer,
282     directly or indirectly receives in consideration of services or
283     property, or both services and property, 10 percent or more of
284     any class of securities of the issuer or 10 percent or more of
285     the proceeds from the sale of any class of securities. However,
286     a person that who receives such securities or proceeds either
287     solely as underwriting commissions or solely in connection with
288     property shall not be deemed a promoter if such person does not
289     otherwise take part in founding and organizing the enterprise.
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290          (21)(20)     "Qualified institutional buyer" means a any
291     qualified institutional buyer, as defined in United States
292     Securities and Exchange Commission Rule 144A, 17 C.F.R. s.
293     230.144A(a), under the Securities Act of 1933, as amended, or
294     any foreign buyer that satisfies the minimum financial
295     requirements set forth in such rule.
296          (22)(21)     "Sale" or "sell" means a any contract of sale or
297     disposition of an any investment, security, or interest in a
298     security, for value. With respect to a security or interest in a
299     security, the term defined in this subsection does not include
300     preliminary negotiations or agreements between an issuer or any
301     person on whose behalf an offering is to be made and any
302     underwriter or among underwriters who are or are to be in
303     privity of contract with an issuer. Any security given or
304     delivered with, or as a bonus on account of, any purchase of
305     securities or any other thing shall be conclusively presumed to
306     constitute a part of the subject of such purchase and to have
307     been offered and sold for value. Every sale or offer of a
308     warrant or right to purchase or subscribe to another security of
309     the same or another issuer, as well as every sale or offer of a
310     security which gives the holder a present or future right or
311     privilege to convert into another security or another issuer, is
312     considered to include an offer of the other security.
313          (23)(22)     "Security" includes any of the following:
314          (a)   A note.
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315          (b)   A stock.
316          (c)   A treasury stock.
317          (d)   A bond.
318          (e)   A debenture.
319          (f)   An evidence of indebtedness.
320          (g)   A certificate of deposit.
321          (h)   A certificate of deposit for a security.
322          (i)   A certificate of interest or participation.
323          (j)   A whiskey warehouse receipt or other commodity
324     warehouse receipt.
325          (k)   A certificate of interest in a profit-sharing
326     agreement or the right to participate therein.
327          (l)   A certificate of interest in an oil, gas, petroleum,
328     mineral, or mining title or lease or the right to participate
329     therein.
330          (m)   A collateral trust certificate.
331          (n)   A reorganization certificate.
332          (o)   A preorganization subscription.
333          (p)   A Any transferable share.
334          (q)   An investment contract.
335          (r)   A beneficial interest in title to property, profits,
336     or earnings.
337          (s)   An interest in or under a profit-sharing or
338     participation agreement or scheme.


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339          (t)    An Any option contract that which entitles the holder
340     to purchase or sell a given amount of the underlying security at
341     a fixed price within a specified period of time.
342          (u)    Any other instrument commonly known as a security,
343     including an interim or temporary bond, debenture, note, or
344     certificate.
345          (v)    A Any receipt for a security, or for subscription to a
346     security, or a any right to subscribe to or purchase any
347     security.
348          (w)    A viatical settlement investment.
349          (24)(23)     "Underwriter" means a person that who has
350     purchased from an issuer or an affiliate of an issuer with a
351     view to, or offers or sells for an issuer or an affil iate of an
352     issuer in connection with, the distribution of any security, or
353     participates or has a direct or indirect participation in any
354     such undertaking, or participates or has a participation in the
355     direct or indirect underwriting of any such undertaking ; except
356     that a person is shall be presumed not to be an underwriter with
357     respect to any security which it she or he has owned
358     beneficially for at least 1 year; and, further, a dealer is
359     shall not be considered an underwriter with respect to any
360     securities which do not represent part of an unsold allotment to
361     or subscription by the dealer as a participant in the
362     distribution of such securities by the issuer or an affiliate of
363     the issuer; and, further, in the case of securities acquired on
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364     the conversion of another security without payment of additional
365     consideration, the length of time such securities have been
366     beneficially owned by a person includes the period during which
367     the convertible security was beneficially owned and the period
368     during which the security acquired on conversion has been
369     beneficially owned.
370          (25)(24)     "Viatical settlement investment" means an
371     agreement for the purchase, sale, assignment, transfer, devise,
372     or bequest of all or any portion of a legal or equitable
373     interest in a viaticated policy as defined in chapter 626.
374          Section 2.    Paragraph (d) of subsection (3) of section
375     517.072, Florida Statutes, is amended, and subsection (4) is
376     added to that section, to read:
377          517.072    Viatical settlement investments.—
378          (3)   The registration provisions of ss. 517.07 and 517.12
379     do not apply to any of the following transactions in viatical
380     settlement investments; however, such transactions in viatical
381     settlement investments are subject to the provisions of ss.
382     517.301, 517.311, and 517.312:
383          (d)   The transfer or assignment of a viaticated policy to a
384     bank, trust company, savings institution, insurance company,
385     dealer, investment company as defined in the Investment Company
386     Act of 1940, as amended, pension or profit-sharing trust, or
387     qualified institutional buyer as defined in United States
388     Securities and Exchange Commission Rule 144A, 17 C.F.R. s.
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389     230.144A(a), or to an accredited investor as defined by Rule 501
390     of Regulation D of the Securities Act Rules, provided such
391     transfer or assignment is not for the direct or indirect
392     promotion of any scheme or enterprise with the intent of
393     violating or evading any provision of this chapter.
394          (4)    The commission may establish by rule requirements and
395     standards for disclosures to purchasers of viatical settlement
396     investments and recordkeeping requirements for sellers of
397     viatical settlement investments.
398          Section 3.    Paragraphs (a), (g), and (n) of subsection (3)
399     and subsections (6) and (8) of section 517.081, Florida
400     Statutes, are amended to read:
401          517.081   Registration procedure.—
402          (3)    The office may require the applicant to submit to the
403     office the following information concerning the issuer and such
404     other relevant information as the office may in its judgment
405     deem necessary to enable it to ascertain whether such s ecurities
406     shall be registered pursuant to the provisions of this section:
407          (a)    The names and addresses of:
408          1.    All the directors, trustees, and officers, if the
409     issuer is be a corporation, association, or trust.
410          2.    All the managers or managing members, if the issuer is
411     a limited liability company.
412          3.    ; of All the partners, if the issuer is be a
413     partnership.
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414          4.   ; or of The issuer, if the issuer is a sole
415     proprietorship or natural person be an individual.
416          (g)1.   A specimen copy of the securities certificate, if
417     applicable, security and a copy of any circular, prospectus,
418     advertisement, or other description of such securities.
419          2.   The commission shall adopt a form for a simplified
420     offering circular to be used solely by corporations to register,
421     under this section, securities of the corporation that are sold
422     in offerings in which the aggregate offering price in any
423     consecutive 12-month period does not exceed the amount provided
424     in s. 3(b) of the Securities Act of 1933, as amended. The
425     following issuers shall not be eligible to submit a simplified
426     offering circular adopted pursuant to this subparagraph:
427          a.   An issuer seeking to register securities for resale by
428     persons other than the issuer.
429          b.   An issuer that who is subject to any of the
430     disqualifications described in 17 C.F.R. s. 230.262, adopted
431     pursuant to the Securities Act of 1933, as amended, or that who
432     has been or is engaged or is about to engage in an activity that
433     would be grounds for denial, revocation, or suspension under s.
434     517.111. For purposes of this subparagraph, an issuer includes
435     an issuer's director, officer, general partner, manager or
436     managing member, trustee, or equity owner shareholder who owns
437     at least 10 percent of the ownership interests shares of the
438     issuer, promoter, or selling agent of the securities to be
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439     offered or any officer, director, or partner, or manager or
440     managing member of such selling agent.
441          c.   An issuer that who is a development-stage company that
442     either has no specific business plan or purpose or has indicated
443     that its business plan is to merge with an unidentified company
444     or companies.
445          d.   An issuer of offerings in which the specific business
446     or properties cannot be described.
447          e.   Any issuer the office determines is ineligible because
448     if the form does would not provide full and fair disclosure of
449     material information for the type of offering to be registered
450     by the issuer.
451          f.   Any issuer that corporation which has failed to provide
452     the office the reports required for a previous offering
453     registered pursuant to this subparagraph.
454
455     As a condition precedent to qualifying for use of the simplified
456     offering circular, an issuer a corporation shall agree to
457     provide the office with an annual financial report containing a
458     balance sheet as of the end of the issuer's fiscal year and a
459     statement of income for such year, prepared in accordance with
460     United States generally accepted accounting principles and
461     accompanied by an independent accountant's report. If the issuer
462     has more than 100 security holders at the end of a fiscal year,
463     the financial statements must be audited. Annual financial
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464     reports must be filed with the office within 90 days after the
465     close of the issuer's fiscal year for each of the first 5 years
466     following the effective date of the registration.
467          (n)   If the issuer is a corporation, there shall be filed
468     with the application a copy of its articles of incorporation
469     with all amendments and of its existing bylaws, if not already
470     on file in the office. If the issuer is a limited liability
471     company, there shall be filed with the application a copy of the
472     articles of organization with all the amendments and a copy of
473     the company's operating agreement as may be amended , if not
474     already on file with the office. If the issuer is a trustee,
475     there shall be filed with the application a copy of all
476     instruments by which the trust is created or declared and in
477     which it is accepted and acknowledged. If the issuer is a
478     partnership, unincorporated association, joint-stock company, or
479     any other form of organization whatsoever, there shall be filed
480     with the application a copy of its articles of partnership or
481     association and all other papers pertaining to its organization,
482     if not already on file in the office.
483          (6)   An issuer filing an application under this section
484     shall, at the time of filing, pay the office a nonreturnable fee
485     of $1,000 per application for each offering that exceeds the
486     amount provided in s. 3(b) of the Securities Act of 1933, as
487     amended, or $200 per application for each offering that does not


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488     exceed the amount provided in s. 3(b) of the Securities Act of
489     1933, as amended.
490            (8)   The office shall deem an application to register
491     securities filed with the office abandoned if the issuer or any
492     person acting on behalf of the issuer has failed to complete
493     timely an application as specified by commission rule The
494      commission may by rule establish requirements and standards
495     for:
496            (a)   Disclosures to purchasers of viatical settlement
497     investments.
498            (b)   Recordkeeping requirements for sellers of viatical
499     settlement investments.
500            Section 4.   Section 517.082, Florida Statutes, is amended
501     to read:
502            517.082   Notification Registration by notification; federal
503     registration statements.—
504            (1)   Except as provided in subsection (3), Securities
505     offered or sold pursuant to a registration statement filed under
506     the Securities Act of 1933, as amended, are shall be entitled to
507     registration by notification in the manner provided in
508     subsection (2), provided that before prior to the offer or sale
509     the registration statement has become effective.
510            (2)   An application for registration by notification shall
511     be filed with the office, shall contain the following
512     information, and shall be accompanied by all of the following:
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513          (a)   An application to sell executed by the issuer, any
514     person on whose behalf the offering is made, a dealer registered
515     under this chapter, or any duly authorized agent of any such
516     person, setting forth the name and address of the applicant, the
517     name and address of the issuer, and the title of the securities
518     to be offered and sold.;
519          (b)   Copies of such documents filed with the Securities and
520     Exchange Commission as the Financial Services Commission may by
521     rule require.;
522          (c)   An irrevocable written consent to service as required
523     by s. 517.101.; and
524          (d)   A nonreturnable fee of $1,000 per application.
525
526     A registration under this section becomes effective when the
527     federal registration statement becomes effective or as of the
528     date the application is filed with the office, whichever is
529     later, provided that, in addition to the items listed in
530     paragraphs (a)-(d), the office has received written notification
531     of effective registration under the Securities Act of 1933 , as
532     amended, or the Investment Company Act of 1940, as amended,
533     within 10 business days after from the date federal registration
534     is granted. Failure to provide all the information required by
535     this subsection to the office within 60 days after of the date
536     the registration statement becomes effective with the Securities
537     and Exchange Commission shall be a violation of this chapter.
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538          (3)   Except for units of limited partnership interests or
539     such other securities as the commission describes by rule as
540     exempt from this subsection due to high investment quality, the
541     provisions of this section may not be used to register
542     securities if the offering price at the time of effectiveness
543     with the Securities and Exchange Commission is $5 or less per
544     share, unless such securities are listed or designated, or
545     approved for listing or designation upon notice of issuance, on
546     a stock exchange registered pursuant to the Securities Exchange
547     Act of 1934, as amended, or on the National Association of
548     Securities Dealers Automated Quotation (NASDAQ) System, or
549     unless such securities are of the same issuer and of senior or
550     substantially equal rank to securities so listed or designated.
551          (4)   In lieu of filing with the office the application,
552     fees, and documents for registration required by subsection (2),
553     the commission may establish, by rule, procedures for depositing
554     fees and filing documents by electronic means, provided such
555     procedures provide the office with the information and data
556     required by this section.
557          (5)   If the Securities and Exchange Commission has not
558     declared effective the applicant's federal registration
559     statement within 180 days after the applicant's filing with the
560     office of an application for registration by notification, the
561     office must deem the application abandoned.


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562          Section 5.   Section 517.111, Florida Statutes, is amended
563     to read:
564          517.111   Revocation or denial of registration of
565     securities.—
566          (1)   The office may revoke or suspend the registration of
567     any security, or may deny any application to register
568     securities, if, upon examination or investigation into the
569     affairs of the issuer of such security, the office determines it
570     shall appear that:
571          (a)   The issuer cannot pay its debts as they become due in
572     the usual course of business is insolvent;
573          (b)   The issuer or any officer, director, manager or
574     managing member, or control person of the issuer has violated
575     any provision of this chapter or any rule made hereunder or any
576     order of the office of which such issuer has notice;
577          (c)   The issuer or any officer, director, manager or
578     managing member, or control person of the issuer has been or is
579     engaged or is about to engage in fraudulent transactions;
580          (d)   The issuer or any officer, director, manager or
581     managing member, or control person of the issuer has been found
582     guilty of a fraudulent act in connection with any sale of
583     securities, has engaged, is engaged, or is about to engage, in
584     making a fictitious sale or purchase of any security, or in any
585     practice or sale of any security which is fraudulent or a
586     violation of any law;
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587          (e)   The issuer or any officer, director, manager or
588     managing member, or control person of the issuer has had a final
589     judgment entered against such issuer or person in a civil action
590     on the grounds of fraud, embezzlement, misrepresentation, or
591     deceit;
592          (f)   The issuer or any officer, director, manager or
593     managing member, or control person of the issuer has engaged in
594     any action that would be grounds for revocation, denial, or
595     suspension under s. 517.161(1) demonstrated any evidence of
596     unworthiness;
597          (g)   The issuer or any officer, director, manager or
598     managing member, or control person of the issuer is in any other
599     way dishonest or has made any fraudulent representations or
600     failed to disclose any material information in any prospectus or
601     in any circular or other literature that has been distributed
602     concerning the issuer or its securities;
603          (h)   The security registered or sought to be registered is
604     the subject of an injunction entered by a court of competent
605     jurisdiction or is the subject of an administrative stop -order
606     or similar order prohibiting the offer or sale of the security;
607     or
608          (i)   For any security for which registration has been
609     applied pursuant to s. 517.081, the terms of the offer or sale
610     of such securities would not be fair, just, or equitable ; or


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611          (j)    The issuer or any person acting on behalf of the
612     issuer has failed to timely complete any application for
613     registration filed with the office pursuant to the provisions of
614     s. 517.081 or s. 517.082 or any rule adopted under such
615     sections.
616          (2)    In making such examination or investigation, the
617     office shall have access to and may compel the production of all
618     the books and papers of such issuer and may administer oaths to
619     and examine the officers of such issuer or any other person
620     connected therewith as to its business and affairs and may also
621     require a balance sheet exhibiting the assets and liabilities of
622     any such issuer or its income statement, or both, to be
623     certified to by a public accountant either of this state or of
624     any other state where the issuer's business is located. Whenever
625     the office deems it necessary, it may also require such balance
626     sheet or income statement, or both, to be made more specific in
627     such particulars as the office may require.
628          (3)(2)   If any issuer refuses shall refuse to permit an
629     examination or investigation to be made by the office, it shall
630     be proper ground for revocation of registration.
631          (4)(3)   If the office deems it necessary, it may enter an
632     order suspending the right to sell securities pending any
633     examination or investigation, provided that the order shall
634     state the office's grounds for taking such action.


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635          (5)(4)    Notice of the entry of such order shall be given
636     personally or by mail, personally, by telephone confirmed in
637     writing, or by telegraph to the issuer. Before such order is
638     made final, the issuer applying for registration shall, on
639     application, be entitled to a hearing.
640          (6)(5)    The office may deny any request to terminate any
641     registration or to withdraw any application for registration if
642     the office believes that an act which would be grounds for
643     denial, suspension, or revocation under this chapter has been
644     committed.
645          Section 6.    Subsections (3) through (22) of section 517.12,
646     Florida Statutes, are renumbered as subsections (2) through
647     (21), respectively, new subsection (22) is added, and subsection
648     (1), present subsections (2) and (3), paragraph (b) of present
649     subsection (6), present subsections (7) and (11), paragraph (b)
650     of present subsection (15), and present subsections (20) and
651     (21) of that section are amended, to read:
652          517.12    Registration of dealers, associated persons,
653     intermediaries, and investment advisers.—
654          (1)     No dealer or, associated person, or issuer of
655     securities shall sell or offer for sale any securities in or
656     from offices in this state, or sell securities to persons in
657     this state from offices outside this state, by mail or
658     otherwise, unless the person is has been registered with the
659     office as a dealer or as an associated person of a dealer
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660     pursuant to the provisions of this section. The office shall not
661     register any person as an associated person of a dealer unless
662     the dealer with which the applicant seeks registration is
663     lawfully registered with the office pursuant to this chapter.
664          (2)    The registration requirements of this section do not
665     apply to the issuers of securities exempted by s. 517.051(1)-(8)
666     and (10).
667          (2)(3)   Except as otherwise provided in s.
668     517.061(11)(a)4., (13), (16), (17), or (19), The registration
669     requirements of this section do not apply in a transaction
670     exempted by s. 517.061(1)-(10) and (12), s. 517.061(1)-(12),
671     (14), and (15).
672          (5)(6)   A dealer, associated person, or investment adviser,
673     in order to obtain registration, must file with the office a
674     written application, on a form which the commission may by rule
675     prescribe. The commission may establish, by rule, procedures for
676     depositing fees and filing documents by electronic means
677     provided such procedures provide the office with the information
678     and data required by this section. Each dealer or investment
679     adviser must also file an irrevocable written consent to service
680     of civil process similar to that provided for in s. 517.101. The
681     application shall contain such information as the commission or
682     office may require concerning such matters as:
683          (b)    The applicant's form and place of organization; and,
684     if the applicant is:
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685          1.   A corporation, a copy of its articles of incorporation
686     and amendments to the articles of incorporation;
687          2.   A limited liability company, a copy of its articles of
688     organization with amendments to its articles; or
689          3., if   A partnership, a copy of the partnership agreement.
690          (6)(7)   The application must also contain such information
691     as the commission or office may require about the applicant; any
692     member, principal, or director of the applicant or any person
693     having a similar status or performing similar functions; any
694     person directly or indirectly controlling the applicant; or any
695     employee of a dealer or of an investment adviser rendering
696     investment advisory services. Each applicant and any direct
697     owners, principals, or indirect owners that are required to be
698     reported on Form BD or Form ADV pursuant to subsection (14) (15)
699     shall submit fingerprints for live-scan processing in accordance
700     with rules adopted by the commission. The fingerprints may be
701     submitted through a third-party vendor authorized by the
702     Department of Law Enforcement to provide live-scan
703     fingerprinting. The costs of fingerprint processing shall be
704     borne by the person subject to the background check. The
705     Department of Law Enforcement shall conduct a state criminal
706     history background check, and a federal criminal history
707     background check must be conducted through the Federal Bureau of
708     Investigation. The office shall review the results of the state
709     and federal criminal history background checks and determine
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710     whether the applicant meets licensure requirements. The
711     commission may waive, by rule, the requirement that applicants,
712     including any direct owners, principals, or indirect owners that
713     are required to be reported on Form BD or Form ADV pursuant to
714     subsection (14) (15), submit fingerprints or the requirement
715     that such fingerprints be processed by the Department of Law
716     Enforcement or the Federal Bureau of Investigation. The
717     commission or office may require information about any such
718     applicant or person concerning such matters as:
719          (a)   The applicant's or person's His or her full name, and
720     any other names by which the applicant or person he or she may
721     have been known, and the applicant's or person's his or her age,
722     social security number, photograph, qualifications, and
723     educational and business history.
724          (b)   Any injunction or administrative order by a state or
725     federal agency, national securities exchange, or national
726     securities association involving a security or any aspect of a
727     dealer's or investment adviser's regulated the securities
728     business and any injunction or administrative order by a state
729     or federal agency regulating banking, insurance, finance, or
730     small loan companies, real estate, mortgage brokers, or other
731     related or similar industries, which injunctions or
732     administrative orders relate to such person.
733          (c)   The applicant's or person's His or her conviction of,
734     or plea of nolo contendere to, a criminal offense or the
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735     applicant's or person's his or her commission of any acts which
736     would be grounds for refusal of an application under s. 517.161.
737          (d)   The names and addresses of other persons of whom the
738     office may inquire as to the applicant's or person's his or her
739     character, reputation, and financial responsibility.
740          (10)(a)(11)(a)   If the office finds that the applicant is
741     of good repute and character and has complied with the
742     applicable registration provisions of this chapter and the rules
743     made pursuant hereto, it shall register the applicant unless the
744     applicant is otherwise disqualified for registration pursuant to
745     law. The registration of each dealer, investment adviser, and
746     associated person expires on December 31 of the year the
747     registration became effective unless the registrant has renewed
748     its his or her registration on or before that date. Registration
749     may be renewed by furnishing such information as the commission
750     may require, together with payment of the fee required in
751     paragraph (9)(a) (10)(a) for dealers, investment advisers, or
752     associated persons and the payment of any amount lawfully due
753     and owing to the office pursuant to any order of the office or
754     pursuant to any agreement with the office. Any dealer,
755     investment adviser, or associated person who has not renewed a
756     registration by the time the current registration expires may
757     request reinstatement of such registration by filing with the
758     office, on or before January 31 of the year following the year
759     of expiration, such information as may be required by the
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760     commission, together with payment of the fee required in
761     paragraph (9)(a) (10)(a) for dealers, investment advisers, or
762     associated persons and a late fee equal to the amount of such
763     fee. Any reinstatement of registration granted by the office
764     during the month of January shall be deemed effective
765     retroactive to January 1 of that year.
766          (b)    The office shall waive the $50 assessment fee for an
767     associated person required by paragraph (9)(a) (10)(a) for a
768     registrant renewing his or her registration who:
769          1.    Is an active duty member of the United States Armed
770     Forces or the spouse of such member;
771          2.    Is or was a member of the United States Armed Forces
772     and served on active duty within the 2 years preceding the
773     expiration date of the registration pursuant to paragraph (a).
774     To qualify for the fee waiver, a registrant who is a former
775     member of the United States Armed Forces who served on active
776     duty within the 2 years preceding the expiration date of the
777     registration must have received an honorable discharge upon
778     separation or discharge from the United States Armed Forces; or
779          3.    Is the surviving spouse of a member of the United
780     States Armed Forces if the member was serving on active duty at
781     the time of death and died within the 2 years preceding the
782     surviving spouse's registration expiration date pursuant to
783     paragraph (a).
784
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785     A registrant seeking such fee waiver must submit proof, in a
786     form prescribed by commission rule, that the registrant meets
787     one of the qualifications in this paragraph.
788          (14)(15)
789          (b)   In lieu of filing with the office the applications
790     specified in subsection (5) (6), the fees required by subsection
791     (9) (10), the renewals required by subsection (10) (11), and the
792     termination notices required by subsection (11) (12), the
793     commission may by rule establish procedures for the deposit of
794     such fees and documents with the Central Registration Depository
795     or the Investment Adviser Registration Depository of the
796     Financial Industry Regulatory Authority, as developed under
797     contract with the North American Securities Administrators
798     Association, Inc.
799          (19)(20)     An intermediary may not engage in business in
800     this state unless the intermediary is registered as a dealer or
801     as an intermediary with the office pursuant to this section to
802     facilitate the offer or sale of securities in accordance with s.
803     517.0611. An intermediary, in order to obtain registration, must
804     file with the office a written application on a form prescribed
805     by commission rule and pay a registration fee of $200. The fees
806     under this subsection shall be deposited into the Regulatory
807     Trust Fund of the office. The commission may establish by rule
808     procedures for depositing fees and filing documents by
809     electronic means if such procedures provide the office with the
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810     information and data required by this section. Each intermediary
811     must also file an irrevocable written consent to service of
812     civil process, as provided in s. 517.101.
813          (a)    The application must contain such information as the
814     commission or office may require concerning:
815          1.    The name of the applicant and address of its principal
816     office and each office in this state.
817          2.    The applicant's form and place of organization; and, if
818     the applicant is:
819          a.    A corporation, a copy of its articles of incorporation
820     and amendments to the articles of incorporation;
821          b.    A limited liability company, a copy of its articles of
822     organization and amendments to the articles and a cop y of the
823     company's operating agreement as may be amended; or
824          c., if   A partnership, a copy of the partnership agreement.
825          3.    The website address where securities of the issuer will
826     be offered.
827          4.    Contact information.
828          (b)    The application must also contain such information as
829     the commission may require by rule about the applicant; any
830     member, principal, or director of the applicant or any person
831     having a similar status or performing similar functions; or any
832     persons directly or indirectly controlling the applicant. Each
833     applicant and any direct owners, principals, or indirect owners
834     that are required to be reported on a form adopted by commission
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835     rule shall submit fingerprints for live-scan processing in
836     accordance with rules adopted by the commission. The
837     fingerprints may be submitted through a third-party vendor
838     authorized by the Department of Law Enforcement to provide live -
839     scan fingerprinting. The costs of fingerprint processing shall
840     be borne by the person subject to the background check. The
841     Department of Law Enforcement shall conduct a state criminal
842     history background check, and a federal criminal history
843     background check must be conducted through the Federal Bureau of
844     Investigation. The office shall review the results of the state
845     and federal criminal history background checks and determine
846     whether the applicant meets registration requirements. The
847     commission may waive, by rule, the requirement that applicants,
848     including any direct owners, principals, or indirect owners,
849     which are required to be reported on a form adopted by
850     commission rule, submit fingerprints or the requirement that
851     such fingerprints be processed by the Department of Law
852     Enforcement or the Federal Bureau of Investigation. The
853     commission, by rule, or the office may require informat ion about
854     any applicant or person, including:
855          1.   The applicant's or person's His or her full name and
856     any other names by which the applicant or person he or she may
857     have been known and the applicant's or person's his or her age,
858     social security number, photograph, qualifications, and
859     educational and business history.
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860          2.    Any injunction or administrative order by a state or
861     federal agency, national securities exchange, or national
862     securities association involving a security or any aspect of an
863     intermediary's regulated the securities business and any
864     injunction or administrative order by a state or federal agency
865     regulating banking, insurance, finance, or small loan companies,
866     real estate, mortgage brokers, or other related or similar
867     industries, which relate to such person.
868          3.    The applicant's or person's His or her conviction of,
869     or plea of nolo contendere to, a criminal offense or the
870     applicant's or person's his or her commission of any acts that
871     would be grounds for refusal of an application under s. 51 7.161.
872          (c)    The application must be amended within 30 days if any
873     information contained in the form becomes inaccurate for any
874     reason.
875          (d)    An intermediary or persons affiliated with the
876     intermediary are not subject to any disqualification described
877     in s. 517.1611 or United States Securities and Exchange
878     Commission Rule 506(d), 17 C.F.R. 230.506(d), adopted pursuant
879     to the Securities Act of 1933, as amended. Each director,
880     officer, manager or managing member, control person of the
881     issuer, any person occupying a similar status or performing a
882     similar function, and each person holding more than 20 percent
883     of the ownership interests shares of the intermediary is subject
884     to this requirement.
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885          (e)   If the office finds that the applicant is of good
886     repute and character and has complied with the applicable
887     registration provisions of this chapter and the rules adopted
888     thereunder, it shall register the applicant. The registration of
889     each intermediary expires on December 31 of the year the
890     registration became effective unless the registrant renews his
891     or her registration on or before that date. Registration may be
892     renewed by furnishing such information as the commission may
893     require by rule, together with payment of a $200 fee and the
894     payment of any amount due to the office pursuant to any order of
895     the office or pursuant to any agreement with the office. An
896     intermediary who has not renewed a registration by the time that
897     the current registration expires may request reinstatement of
898     such registration by filing with the office, on or before
899     January 31 of the year following the year of expiration, such
900     information as required by the commission, together with payment
901     of the $200 fee and a late fee of $200. Any reinstatement of
902     registration granted by the office during the month of January
903     is deemed effective retroactive to January 1 of that year.
904          (20)(21)     The registration requirements of this section do
905     not apply to any general lines insurance agent or life insurance
906     agent licensed under chapter 626, for the sale of a security as
907     defined in s. 517.021(23)(g) s. 517.021(22)(g), if the
908     individual is directly authorized by the issuer to offer or sell
909     the security on behalf of the issuer and the issuer is a
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910     federally chartered savings bank subject to regulation by the
911     Federal Deposit Insurance Corporation. Actions under this
912     subsection shall constitute activity under the insurance agent's
913     license for purposes of ss. 626.611 and 626.621.
914          (22)    Registration exemption for investment advisers to
915     private funds.
916          (a)     For purposes of this subsection, the following
917     definitions shall apply:
918          1.     "Advisory affiliate" means an "advisory affiliate" as
919     defined in the Glossary of Terms to Form ADV (Uniform
920     Application for Investment Adviser Registration) (17 C.F.R. s.
921     279.1).
922          2.     “Exempt reporting adviser” means an “exempt reporting
923     adviser” as defined in the Glossary of Terms to Form ADV
924     (Uniform Application for Investment Adviser Registration) (17
925     C.F.R. s. 279.1).
926          3.     “Private fund adviser” means an investment adviser who
927     provides advice solely to one or more qualifying private funds.
928          4.     “Qualifying private fund” means:
929          a.     A private fund that meets the definition of a
930     “qualifying private fund” in SEC Rule 203(m)-1, 17 C.F.R.
931     275.203(m)-1;
932          b.     A private fund that meets the definition of a “venture
933     capital fund” in SEC Rule 203(l)-1, 17 C.F.R. s. 275.203(l)-1;
934     or
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935          c.    A "venture capital operating company" as defined in
936     Rule 2510.3-101(d) adopted by the U.S. Department of Labor under
937     the Employee Retirement Income Security Act of 1974, as amend ed
938     (29 C.F.R. s. 2510.3- 101(d)).
939          5.    “3(c)(1) fund” means a qualifying private fund that is
940     eligible for the exclusion from the definition of an investment
941     company under section 3(c)(1) of the Investment Company Act of
942     1940, as amended (15 U.S.C. 80a-3(c)(1)).
943          (b)    Subject to the additional requirements of paragraph
944     (c) below, a private fund adviser shall be exempt from the
945     registration requirements of s. 517.12, if the private fund
946     adviser satisfies the following conditions:
947          1.    neither the private fund adviser nor any of its
948     advisory affiliates are subject to an event that would
949     disqualify an issuer under Rule 506(d)(1) of SEC Regulation D,
950     17 C.F.R. s. 230.506(d)(1); and
951          2.    the private fund adviser files with the office each
952     report and amendment thereto that an exempt reporting adviser is
953     required to file with the Securities and Exchange Commission
954     pursuant to SEC Rule 204-4, 17 C.F.R. s. 275.204-4.
955          (c)    In order to qualify for the exemption described in
956     paragraph (b) of this subsection, a private fund adviser who
957     advises at least one (3)(c)(1) fund that is not a venture
958     capital fund shall, in addition to satisfying each of the


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959     conditions specified in paragraph (b), comply with the following
960     requirements:
961          1.    The private fund adviser shall advise only those
962     3(c)(1) funds (other than venture capital funds) whose
963     outstanding securities (other than short-term paper) are
964     beneficially owned entirely by accredited investors; and
965          2.    At the time of purchase, the private fund adviser sh all
966     disclose the following in writing to each beneficial owner of a
967     3(c)(1) fund that is not a venture capital fund:
968          a.    All services, if any, to be provided to individual
969     beneficial owners;
970          b.    All duties, if any, the investment adviser owes to the
971     beneficial owners; and
972          c.    Any other material information affecting the rights or
973     responsibilities of the beneficial owners.
974          (d)    If a private fund adviser is registered with the
975     Securities and Exchange Commission, the adviser shall not be
976     eligible for this exemption and shall comply with the state
977     notice filing requirements applicable to federal covered
978     investment advisers in s. 517.1201.
979          (e)    A person is exempt from the registration requirements
980     of s. 517.12 if he or she is employed by or associated with an
981     investment adviser that is exempt from registration in this
982     state pursuant to this subsection and does not otherwise act as


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 983     an associated person of an investment adviser or federal covered
 984     adviser.
 985     (f)   The report filings described in subparagraph (b)2. above
 986     shall be made electronically through the Investment Adviser
 987     Registration Depository. A report shall be deemed filed with the
 988     office when the report has been filed and accepted by the
 989     Depository on the office's behalf.
 990           Section 7.    Section 517.1214, Florida Statutes, is created
 991     to read:
 992           517.1214     Continuing education requirements for associated
 993     persons of investment advisers and federal covered advisers. —
 994           (1)   As used in this section, the term:
 995           (a)   "Approved continuing education content" means the
 996     materials, written, oral, or otherwise, which have been approved
 997     by NASAA or its designee and which make up the educational
 998     program provided to an associated person under this section.
 999           (b)   "Credit" means a unit designated by NASAA or its
1000     designee as at least 50 minutes of educational instruction.
1001           (c)   "Home state" means the state in which an associated
1002     person of an investment adviser or a federal covered adviser has
1003     his or her principal office and place of business.
1004           (d)   "NASAA" means the North American Securities
1005     Administrators Association, Inc.
1006           (e)   "Reporting period" means one 12-month period beginning
1007     January 1 and ending December 31. An associated person's initial
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1008     reporting period with this state commences the first day of the
1009     first full reporting period after the individual is registered
1010     or required to be registered with this state.
1011           (2)   By December 31, 2024, and each December 31 thereafter,
1012     each associated person of an investment adviser or a federal
1013     covered adviser shall complete the following continuing
1014     education content requirements offered by a person that NASAA or
1015     its designee has authorized to provide the continuing education
1016     content required by this section:
1017           (a)   Six credits of approved continuing education content
1018     that addresses an associated person's ethical and regulatory
1019     obligations, with at least 3 hours covering the topic of ethics;
1020     and
1021           (b)   Six credits of approved continuing education content
1022     that addresses an associated person's skills and knowledge
1023     regarding financial products, investment features, and practices
1024     in the investment advisory industry.
1025           (3)   An associated person of an investment adviser or
1026     federal covered adviser who is also registered as an associated
1027     person of a Financial Industry Regulatory Authority (FINRA)
1028     member dealer and who complies with FINRA's continuing education
1029     requirements is considered to be in compliance with this
1030     section's products and practice requirement for each applicable
1031     reporting period, provided that the FINRA continuing education
1032     content is approved continuing education content.
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1033          (4)   Credits of continuing education completed by an
1034     associated person who was awarded and currently holds a
1035     credential that qualifies for examination waiver by passing any
1036     tests as prescribed in s. 15(b)(7) of the Securities Exchange
1037     Act of 1934, as amended, comply with paragraphs (2)(a) and (b),
1038     provided all of the following conditions are met:
1039          (a)   The associated person completes the credits of
1040     continuing education as a condition of maintaining the
1041     credential for the relevant reporting period.
1042          (b)   The credits of continuing education completed during
1043     the relevant reporting period by the associated person are
1044     mandatory to maintain the credential.
1045          (c)   The continuing education content provided by the
1046     credentialing organization during the relevant reporting period
1047     is approved continuing education content.
1048          (5)   Each associated person is responsible for ensuring
1049     that the authorized provider reports the associated person's
1050     completion of the applicable continuing education requirements.
1051          (6)   An associated person who completes credits of
1052     continuing education in excess of the credits required for the
1053     reporting period may not carry forward excess credits to a
1054     subsequent reporting period.
1055          (7)   An associated person who fails to comply with this
1056     section by the end of a reporting period shall renew as "CE
1057     inactive" at the close of the calendar year in this state until
       799109 - h0253-line 70.docx
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                                     Page 43 of 44
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 253    (2023)
         Amendment No. 1


1058     the associated person completes and reports all required
1059     continuing education credits for all reporting periods as
1060     required by this section. An associated person who is "CE
1061     inactive" at the close of the next calendar year is not eligible
1062     for associated person registration or renewal of associated
1063     person registration.
1064
1065           -----------------------------------------------------
1066                       T I T L E    A M E N D M E N T
1067          Remove line 24 and insert:
1068     F.S.; providing a registration exemption for investment advisers
1069     to private funds; revising applicability of registration




       799109 - h0253-line 70.docx
        Published On: 4/7/2023 7:48:20 PM
                                     Page 44 of 44
CS/HB 439
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 439 Land Use and Development Regulations
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, McClain
TIED BILLS:       IDEN./SIM. BILLS: SB 1604

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Local Administration, Federal Affairs & Special          13 Y, 3 N, As CS        Mwakyanjala        Darden
       Districts Subcommittee

    2) Commerce Committee                                                               Larkin             Hamon

    3) State Affairs Committee


                                               SUMMARY ANALYSIS
The Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA) provides an informal mechanism for
a property owner to challenge a government action that may infringe on his or her property without having to file a
lawsuit. Under FLUEDRA, a property owner who believes that a government notice or order unfairly or
unreasonably burdens his or her property may file a request for relief with the government that issued the notice or
order, which will then be turned over to a special magistrate with the authority to facilitate a resolution.

Related to FLUEDRA, the bill:
    Allows a negotiated settlement between a property owner and a local government to include resolutions
       similar to those a special magistrate is authorized to recommend;
    Provides that the special magistrate’s recommendations or negotiated settlements inconsistent with the
       local comprehensive plan are deemed consistent if the recommendations or settlements are found to
       protect the public interest;

Each county and municipality is required to plan for future development and growth by adopting, implementing,
and amending, as necessary, a comprehensive plan. Each comprehensive plan contains elements that address
future land use, housing, transportation, infrastructure, coastal management, conservation, recreation and open
space, intergovernmental coordination, and capital improvements. The comprehensive plan is implemented via
land development regulations.

Related to comprehensive planning, the bill:
    Revises definitions and data sources used in consideration of the comprehensive plan and plan
       amendments;
    Increases the length of required planning period to 10 years, from 5 years, and to 20 years, from 10 years;
    Removes a list of indicators, a local government must consider relating to urban sprawl, instead requiring
       local governments to discourage urban sprawl by more effectively planning for future growth;
    Revises the comprehensive plan evaluation and appraisal process to ensure timely updates;
    Requires land development regulations adopted by a local government to establish minimum lot sizes
       consistent with the maximum density authorized by the comprehensive plan and to provide standards for
       infill residential development; and
    Prohibits a local government from requiring building design elements for certain residential structures in
       planned unit developments, master planned communities, or communities with a design review board or
       architectural review board created on or after January 1, 2020.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0439a.COM
DATE: 4/6/2023
                                                            FULL ANALYSIS

                                                    I. SUBSTANTIVE ANALYSIS

       A. EFFECT OF PROPOSED CHANGES:
           Present Situation

           Florida Land Use and Environmental Dispute Resolution Act

           In 1995, the Legislature adopted the Florida Land Use and Environmental Dispute Resolution Act
           (“FLUEDRA”), codified as s. 70.51, F.S., to facilitate the resolution of disputes between property owners
           and government entities.1 FLUEDRA provides an informal mechanism for a property owner to challenge a
           government action that may infringe on his or her property without having to file a lawsuit.

           FLUEDRA does not create a private cause of action or require that a property owner do anything before
           exercising his or her right to file a lawsuit.2 Under FLUEDRA, a property owner who believes that a
           government notice or order unfairly or unreasonably burdens his or her property may, within 30 days of
           receiving the notice or order, file a request for relief with the government that issued the notice or order. 3
           The government must forward the request to a special magistrate, who must hold a hearing within 45 days
           of receiving the request for relief.4 The special magistrate's primary role is to facilitate a resolution of the
           conflict between the property owner and government without involving the courts. 5 In this role, the special
           magistrate acts as a "facilitator or mediator."6

           If the parties cannot reach an agreement, the special magistrate must determine whether the government
           action is unreasonable or unfairly burdens the property owner's real property, based on a list of statutory
           guidelines.7 Within 14 days of the hearing's conclusion, the special magistrate must submit a written
           recommendation to the parties.8 If the special magistrate's recommendation is that the government action
           does not unreasonably or unfairly burden the property, the property owner may still file suit or pursue other
           remedies.9 If the recommendation is that the government action unreasonably or unfairly burdens the
           property, the special magistrate may, with the property owner’s consent, recommend alternatives that allow
           for reduced government restraints on the property, including, but is not limited to:
                 An adjustment of land development or permit standards or other provisions controlling the
                   development or use of land;
                 Increases or modifications in the density, intensity, or use of areas of development;
                 The transfer of development rights;
                 Land swaps or exchanges;
                 Mitigation, including payments in lieu of onsite mitigation;
                 Location on the least sensitive portion of the property;
                 Conditioning the amount of development or use permitted;
                 A requirement that issues be addressed on a more comprehensive basis than a single proposed
                   use or development;
                 Issuance of the development order, a variance, special exception, or other extraordinary relief,
                   including withdrawal of the enforcement action; and
                 Purchase of the real property, or an interest therein, by an appropriate governmental entity. 10


1
    See s. 70.51, F.S.
2 S. 70.51(24), F.S.
3 S. 70.51(3) and (4), F.S.
4 S. 70.51(15)(a), F.S. A “special magistrate” is a person selected by the parties to resolve the case. The special magistrate must be a

Florida resident with experience and expertise in mediation and at leas t one of the following disciplines and a working familiarity with the
others: land use and environmental permitting; land planning; land economics; local and state government organizations and po wers; and
the law governing the same. S. 70.51(2)(c) and (4), F.S.
5 See s. 70.51(17)(a), F.S.
6 Id.
7 S. 70.51(17)(b) and (18), F.S.
8 S. 70.51(19), F.S.
9 S. 70.51(19)(a), F.S.
10 S. 70.51(19)(b), F.S.

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            The government entity must respond within 45 days of receiving the special magistrate's recommendation
            and indicate whether it accepts, accepts in part, or rejects the recommendation.11 If the government
            accepts the recommendation in whole or in part, but the property owner rejects the acceptance or
            modification, the government must put into writing within 30 days the specific permissible uses of the
            property.12

            The special magistrate's recommendation finding that the government acted unreasonably or unfairly may
            serve as a basis to demonstrate entitlement to relief in a subsequent lawsuit or in other legal
            proceedings.13 The FLUEDRA process may not continue longer than 165 days, unless the parties agree
            otherwise.14

            Comprehensive Plans

            Each county and municipality is required to plan for future development and growth by adopting,
            implementing, and amending as necessary a comprehensive plan. 15 Comprehensive plans are
            implemented through land development regulations and elements.16 Each comprehensive plan contains
            elements that address future land use, housing, transportation, infrastructure, coastal management,
            conservation, recreation and open space, intergovernmental coordination, and capital improvements.

            At least once every 7 years, each local government must evaluate its comprehensive plan to determine if
            plan amendments are necessary to reflect changes in state requirements since the last update of the
            comprehensive plan and must notify the state land planning agency as to its determination.17 If the local
            government determines amendments to its comprehensive plan are necessary, the local government must
            prepare and send to the state land planning agency within one year such plan amendment or amendments
            for review.18 Local governments are encouraged to evaluate and update their comprehensive plans to
            reflect changes in local conditions.19 If a local government fails to submit an evaluation of its
            comprehensive plan at least once in 7 years to the state land planning agency or update its plan as
            necessary in order to reflect changes in state requirements, the local government may not amend its
            comprehensive plan until such time that an evaluation is submitted. 20

            Comprehensive plans must include at least two planning periods, one covering the first 5-year period
            occurring after the plan’s adoption and one covering at least a 10-year period.21 Additional planning periods
            are permissible and accepted as part of the planning process.

            All elements of a plan or plan amendment must be based on relevant, appropriate data22 and an analysis
            by the local government.23 The data supporting a plan or amendment must be taken from professionally
            accepted sources.24 The plan must be based on permanent and seasonal population estimates and
            projections published by the Office of Economic and Demographic Research or generated by the local
            government based upon a professionally acceptable methodology. 25 The analysis by the local government
            may include, but is not limited to, surveys, studies, community goals and vision, and other data available at
            the time of adoption of the comprehensive plan or plan amendment. 26


11
     S. 70.51(21), F.S.
12 S. 70.51(22), F.S.
13 S. 70.51(25), F.S.
14 S. 70.51(23), F.S.
15 Ss. 163.3167(2), 163.3177(2), F.S.
16
     S. 163.3167(1)(c), F.S.
17 S. 163.3191(1), F.S. The state land planning agency is the Department of Economic Opportunity. S. 163.3164(44), F.S.
18 S. 163.3191(2), F.S. The review process is pursuant to s. 163.3184(4), F.S., the state coordinated review process for comprehensive

plans and plan amendments.
19 S. 163.3191(3), F.S.
20 S. 163.3191(4), F.S.
21 S. 163.3177(5)(a), F.S.
22 “To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available o n that

particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S.
23 S. 163.3177(1)(f), F.S.
24S. 163.3177(1)(f)2., F.S.
25 S. 163.3177(1)(f)3., F.S.
26 S. 163.3177(1)(f), F.S.

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           Land Development Regulations

           Comprehensive plans are implemented via land development regulations. Each county and municipality
           must adopt and enforce land development regulations, such as zoning or other housing-related
           ordinances, that are consistent with and implement their adopted comprehensive plan. 27 Local
           governments are encouraged to use innovative land development regulations 28 and may adopt measures
           for the purpose of increasing affordable housing using land-use mechanisms.29

           All local government land development regulations must be consistent with the local comprehensive plan. 30
           Additionally, all public and private development, including special district projects, must be consistent with
           the local comprehensive plan.31 However, plans cannot require any special district to undertake a public
           facility project that would impair the district’s bond covenants or agreements. 32

           Local governments are generally prohibited from adopting land development regulations relating to building
           design elements for single-family or two-family dwellings.33 This prohibition does not apply to:
               Dwellings listed in, or located in a historic district listed in, the National Register of Historic Places;
               Dwellings listed as a historic property or located in a historic district as determined by a local
                  preservation ordinance;
               Regulations adopted in order to implement the National Flood Insurance Program;
               Regulations adopted in accordance and compliance with procedures established for the adoption of
                  local amendments to the Florida Building Code;
               Dwellings located in a community redevelopment area;
               Regulations that are required to ensure protection of coastal wildlife in compliance with the Dennis
                  L. Jones Beach and Shore Preservation Act or the Florida Water Resources Act of 1972;
               Dwellings located in a planned unit development or a master planned community created by a local
                  governing body; or
               Dwellings located within the jurisdiction of a local government that has a design review board or
                  architectural review board.34

           Capital Improvements Element

           Comprehensive plans must contain a capital improvement element (CIE) designed to consider the need for
           and the location of public facilities in order to encourage the efficient use of such facilities. The CIE must
           set forth: 35
                A component that outlines principles for construction, extension, or increase in capacity of public
                   facilities, as well as a component that outlines principles for correcting existing public facility
                   deficiencies, which are necessary to implement the comprehensive plan. These components must
                   cover at least a 5-year period.
                Estimated public facility costs, including a delineation of when facilities will be needed, the general
                   location of facilities, and projected revenue sources to fund the facilities.
                Standards to ensure the availability of public facilities and the adequacy of those facilities to meet
                   established acceptable levels of service.
                A schedule of capital improvements which includes any publicly funded projects of federal, state, or
                   local government, and which may include privately funded projects for which the local government
                   has no fiscal responsibility. Projects necessary to ensure that any adopted level-of-service

27
     S. 163.3202, F.S.
28 S. 163.3202(3), F.S.
29 Ss. 125.01055 and 166.04151, F.S.
30 S. 163.3194(1)(b), F.S.
31 See ss. 163.3161(6) and 163.3194(1)(a), F.S.
32 S. 189.081(1), F.S.
33 S. 163.3202(5)(a), F.S. Building design elements include external building color; the type or style of exterior cladding mate rial; the style or

material of roof structures or porches; the exterior nonstructural architectural ornamentation; the location or architectural styling of windows
or doors; the location or orientation of the garage; the number and type of rooms; and the interior layout of rooms, but does include the
height, bulk, orientation, location of a dwelling on a zoning lot, or the use of buffering or screening to minimize potential adverse physical or
visual impacts or to protect the privacy of neighbors. S. 163.3202(5)(b)1., F.S.
34 S. 163.3202(5)(a)1.-7., F.S.
35 S. 163.3177(3)(a), F.S.

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                   standards are achieved and maintained for the 5-year period must be identified as either funded or
                   unfunded and given a level of priority for funding.
                  The schedule must include transportation improvements included in the applicable metropolitan
                   planning organization’s transportation improvement program adopted pursuant to s. 339.175(8),
                   F.S., to the extent that such improvements are relied upon to ensure concurrency and financial
                   feasibility. The schedule must be coordinated with the applicable metropolitan planning
                   organization’s long-range transportation plan adopted pursuant to s. 339.175(7).

         Future Land Use Element

         Comprehensive plans must contain an element regarding future land use that designates proposed future
         general distribution, location, and extent of the uses of land for a number of uses and categories of public
         and private uses of land.36 Each future land use category must be defined in terms of uses included, and
         must include standards to be followed in the control and distribution of population densities and building
         and structure intensities.37 The proposed distribution, location, and extent of the various categories of land
         use must be shown on a land use map or map series. Future land use plans and plan amendments are
         based on surveys, studies, and data regarding the area38 and the future land use element must include a
         future land use map or map series.39

         The future land use element of a comprehensive plan or any amendment to the future land use element
         must discourage the proliferation of urban sprawl.40 Current law provides a list of
         primary indicators to determine whether a plan or plan amendment encourages the proliferation of urban
         sprawl and states that a future land use element or plan amendment will be determined to discourage the
         proliferation of urban sprawl if it incorporates a development pattern or urban form that achieves four or
         more statutory factors.41

         Effect of Proposed Changes

         The bill revises the FLUEDRA process to allow a negotiated settlement between the private property owner
         and the governmental entity to include the types of relief a special magistrate may recommend make when
         the special magistrate determines that the government action unreasonably or unfairly burdens the
         property. The bill revises the circumstances a special magistrate may consider when determining whether
         a development order or enforcement action unreasonably or unfairly burdens a use of property to include
         the public interest served by the local comprehensive plan provisions that are inconsistent with the
         proposed relief granted by the special magistrate’s recommendation.

         The bill provides that in circumstances in which the relief granted by the special magistrate’s
         recommendation or a negotiated settlement contravenes the local comprehensive plan in effect or is
         inconsistent with the local government’s comprehensive plan, the special magistrate or the local governing
         board may deem the recommendation or approved negotiated settlement consistent with the
         comprehensive plan if the local government finds that the negotiated settlement and approved
         development protect the public interest served by the comprehensive plan.

         Related to comprehensive planning, the bill:
             revises the definition of urban service area to include both areas that receive (or could receive, with
                investment by the local government or the private sector) certain public facilities and services , and
                any land contained in a county or municipality that has been designated as a dense urban land
                area by the Department of Economic Opportunity.


36 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to, residential,

commercial, industrial, agricultural, recreational, conservation, educational, and public facilities. S. 163.3177(6)(a)10., F .S.
37 S. 163.3177(6)(a)1., F.S.
38 S. 163.3177(6)(a)2., F.S.
39 S. 163.3177(6)(a)10., F.S.
40 S. 163.3177(6)(a)9., F.S. “Urban sprawl” is defined as “a development pattern characterized by low density, automobile-dependent

development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services
in an inefficient manner, and failing to provide a clear separation between urban and rural uses” S. 163.3164(52), F.S.
41 S. 163.3177(6)(a)9.-10., F.S.

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              requires comprehensive plan elements and amendments to be based on relevant data and
               removes the consideration of community goals and vision as a separate component of a local
               government’s analysis.
              removes a provision that allows a local government to collect and use original data in their analysis.
              directs comprehensive plans to be based on the greater of the estimates and projections published
               by the Office of Economic and Demographic Research and the local government.
              prohibits optional elements of a comprehensive plan from restricting the density or intensity
               established in the future land use element portion of a comprehensive plan. The bill also amends
               the definitions of density and intensity to clarify their use.
              revises the two required planning periods that must be included in a comprehensive plan to a 10-
               year period and a 20-year period. Local governments may still adopt additional planning periods for
               specific components, elements, land use amendments, and projects.
              removes a list of primary indicators used to determine if a plan or plan amendment encourages or
               discourages the proliferation of urban sprawl, instead requiring local governments to discourage
               urban sprawl by planning for future growth.
              requires the chair of the governing body of the county or mayor of the municipality to sign an
               affidavit attesting that all elements of the comprehensive plan complies with statutory requirements.
              provides that if a local government fails to submit such evaluation and affidavit to the state land
               planning agency as statutorily required, the local government may not initiate or adopt any publicly
               initiated plan amendment to its comprehensive plan until the local government complies with the
               submission requirements. This prohibition does not apply to privately initiated plan amendments.
              provides that if a local government fails to update its comprehensive plan, the state land planning
               agency shall provide population projections that must be utilized in updating the plan.
              provides that a local government may provide alternative population projections based on
               professionally accepted methodologies, but only if those projections exceed the population
               projections provided by the state land planning agency.
              requires local governments to evaluate and update their comprehensive plans to reflect changes in
               local conditions, with updates to required elements processed in the same plan amendment cycle.
               Optional elements of the comprehensive plan may not be updated until required elements have
               been updated, unless those updates are required by law.
              requires that local land development regulations must contain minimum lot sizes within single-
               family, two-family and fee-simple, single-family townhome zoning districts to accommodate the
               maximum density authorized in the comprehensive plan, net of the area required for other
               mandatory items, and infill development standards for single-family homes, two-family homes and
               fee-simple townhome dwelling units.
              provides that levels of service established in a comprehensive plan solely for planning purposes
               may not be a basis for the denial of a development order or permit.
              removes the ability of local governments to require certain building design elements to single-family
               or two-family dwellings located in a planned unit development or master planned community and
               limits the application of those elements in communities with a design review board or architectural
               review board to those who had such a board before January 1, 2020.

   B. SECTION DIRECTORY:

       Section 1:     Amends s. 70.51, F.S, relating to land use and environmental dispute resolution.

       Section 2:     Amends s. 163.3164, F.S., relating to Community Planning Act definitions.

       Section 3:     Amends s. 163.3177, F.S., relating to required and optional elements of comprehensive
                      plans.

       Section 4:     Amends s. 163.3191, F.S., relating to evaluation and appraisal of the comprehensive plan.

       Section 5:     Amends s. 163.3202, F.S., relating to land development regulations.

       Section 6:     Amends s. 163.3246, F.S., conforming terminology.
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       Section 7:     Amends s. 189.08, F.S., conforming cross-references.

       Section 8:     Amends s. 479.01, F.S., conforming cross-references.

       Section 9:     Provides an effective date of July 1, 2023.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The establishment of minimum lot sizes within single-family, two-family and fee-simple, single-family
       townhome zoning districts to accommodate the maximum density authorized in the comprehensive plan
       and the establishment of infill development standards may increase the amount of residential development.

       The prohibition on the application of building design standards to certain types of residential development
       may decrease the cost of constructing those developments.

   D. FISCAL COMMENTS:
       None.

                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
         action requiring the expenditures of funds; reduce the authority that counties or municipalities have to
         raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill neither provides authority for nor requires rulemaking by executive branch agencies.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
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       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 10, 2023, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted a
proposed committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed
from the bill in a number of ways:
     Removes a provision that would have made the decision of a special magistrate binding;
     Allows for negotiated settlements under FLUEDRA to include the types of relief a special magistrate may
       recommend;
     Provides that the special magistrate’s recommendations or negotiated settlements inconsistent with the
       local comprehensive plan to be deemed consistent if the recommendations or settlements are found to
       protect the public interest served by the comprehensive plan;
     Removes a provision that would have required local governments to include affidavits related to their
       comprehensive plan as part of the annual financial auditing process;
     Revises the relationship between required and optional elements of the comprehensive plan;
     Entails that required elements of the comprehensive plan must processed in the same plan cycle and
       prohibits updates to optional elements until required elements are updated;
     Requires that the comprehensive plan must be updated in a timely manner before publicly-initiated
       amendments are approved;
     Requires comprehensive plans to establish minimum lot sizes for certain residential zoning districts and to
       establish infill development standards; and
     Removes a provision related to withholding county transportation funds.

The analysis is drafted to the committee substitute adopted by the Local Administration, Federal Affairs & Special
Districts Subcommittee.




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F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 439                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to land use and development
    3              regulations; amending s. 70.51, F.S.; providing the
    4              types of relief that may be included in a negotiated
    5              settlement; requiring a special magistrate to consider
    6              the public interest served by comprehensive plan
    7              provisions that are inconsistent with proposed relief;
    8              revising the requirements of a governmental entity
    9              after the receipt of a special magistrate's
10                 recommendation; revising the effect of a special
11                 magistrate's recommendation; providing procedures for
12                 deeming relief granted by a special magistrate's
13                 recommendation or a negotiated settlement consistent
14                 with comprehensive plan; amending s. 163.3164, F.S.;
15                 revising definitions; amending s. 163.3177, F.S.;
16                 revising the types of data that comprehensive plans
17                 and plan amendments must be based on; revising means
18                 by which an application of a methodology used in data
19                 collection or whether a particular methodology is
20                 professionally accepted may be evaluated; revising the
21                 elements that must be included in a comprehensive
22                 plan; revising the planning periods that must be
23                 included in a comprehensive plan; amending s.
24                 163.3191, F.S.; revising the frequency at which a
25                 local government must evaluate its comprehensive plan

                                                        Page 1 of 30

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0439-01-c1
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 439                                                                                            2023




26              for specified purposes; requiring, rather than
27              authorizing, a local government to comprehensively
28              evaluate and update its comprehensive plans to reflect
29              changes in local conditions; requiring a local
30              government to submit an affidavit for specified
31              purposes; prohibiting a local government from publicly
32              initiating or adopting plan amendments to its
33              comprehensive plan when it fails to meet certain
34              requirements; requiring the state land planning agency
35              to provide certain information when a local government
36              fails to update its comprehensive plan; amending s.
37              163.3202, F.S.; revising content requirements for
38              local land development regulations; revising
39              exceptions to applicability of land development
40              regulations relating to single-family or two-family
41              dwelling building design elements; deleting a
42              definition; amending s. 163.3246, F.S.; revising
43              terminology; amending ss. 189.08 and 479.01, F.S.;
44              conforming cross-references; providing an effective
45              date.
46
47      Be It Enacted by the Legislature of the State of Florida:
48
49              Section 1.         Paragraph (h) of subsection (18) of section
50      70.51, Florida Statutes, is redesignated as paragraph (i),

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51      paragraph (a) of subsection (17), paragraph (a) of subsection
52      (21), and subsection (25) are amended, and a new paragraph (h)
53      is added to subsection (18) of that section, to read:
54              70.51        Land use and environmental dispute resolution.—
55              (17)        In all respects, the hearing must be informal and
56      open to the public and does not require the use of an attorney.
57      The hearing must operate at the direction and under the
58      supervision of the special magistrate. The object of the hearing
59      is to focus attention on the impact of the governmental action
60      giving rise to the request for relief and to explore
61      alternatives to the development order or enforcement action and
62      other regulatory efforts by the governmental entities in order
63      to recommend relief, when appropriate, to the owner.
64              (a)         The first responsibility of the special magistrate is
65      to facilitate a resolution of the conflict between the owner and
66      governmental entities to the end that some modification of the
67      owner's proposed use of the property or adjustment in the
68      development order or enforcement action or regulatory efforts by
69      one or more of the governmental parties may be reached.
70      Accordingly, the special magistrate shall act as a facilitator
71      or mediator between the parties in an effort to effect a
72      mutually acceptable solution. The parties shall be represented
73      at the mediation by persons with authority to bind their
74      respective parties to a solution, or by persons with authority
75      to recommend a solution directly to the persons with authority

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         CS/HB 439                                                                                            2023




 76      to bind their respective parties to a solution. A negotiated
 77      settlement may include, but is not limited to, one or more of
 78      the following types of relief or other extraordinary relief
 79      deemed appropriate by the parties:
 80              1.      An adjustment of land development or permit standards
 81      or other provisions controlling the development or use of land
 82      for the property subject to the dispute or other property owned
 83      or controlled by the parties to the settlement.
 84              2.      Increases or modifications in the density, intensity,
 85      or use of areas of development.
 86              3.      The transfer of development rights.
 87              4.      Land swaps or exchanges.
 88              5.      Mitigation relief, including payments in lieu of onsite
 89      mitigation.
 90              6.      Location on the least sensitive portion of the
 91      property.
 92              7.      Conditioning the amount of development or use
 93      permitted.
 94              8.      A requirement that issues be addressed on a more
 95      comprehensive basis than a single proposed use or development.
 96              9.      Issuance of the development order, a variance, a
 97      special exception, or other extraordinary relief, including
 98      withdrawal of the enforcement action.
 99              10.         Purchase of the real property, or an interest therein,
100      by an appropriate governmental entity or payment of

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         CS/HB 439                                                                                            2023




101      compensation.
102              (18)        The circumstances to be examined in determining
103      whether the development order or enforcement action, or the
104      development order or enforcement action in conjunction with
105      regulatory efforts of other governmental parties, is
106      unreasonable or unfairly burdens use of the property may
107      include, but are not limited to:
108              (h)         The public interest served by the local comprehensive
109      plan provisions that are inconsistent with the proposed relief
110      granted by the special magistrate's recommendation.
111              (21)        Within 45 days after receipt of the special
112      magistrate's recommendation, the governmental entity responsible
113      for the development order or enforcement action and other
114      governmental entities participating in the proceeding must
115      consult among themselves and each governmental entity must:
116              (a)         Accept the recommendation of the special magistrate as
117      submitted and proceed to implement it by development agreement,
118      when appropriate, or by other method, in the ordinary course and
119      consistent with the rules and procedures of that governmental
120      entity. However, the decision of the governmental entity to
121      accept the recommendation of the special magistrate with respect
122      to granting a rezoning, modification, variance, or special
123      exception to the application of statutes, rules, regulations,
124      comprehensive plans, or ordinances as they would otherwise apply
125      to the subject property does not require an owner to duplicate

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126      previous processes in which the owner has participated in order
127      to effectuate the granting of the modification, variance, or
128      special exception. Any recommendation of the special magistrate
129      with respect to granting a rezoning of property is not
130      considered contract zoning;
131              (25)        Regardless of the action the governmental entity
132      takes on the special magistrate's recommendation, a
133      recommendation that the development order or enforcement action,
134      or the development order or enforcement action in combination
135      with other governmental regulatory actions, is unreasonable or
136      unfairly burdens use of the owner's real property may serve as
137      an indication of sufficient hardship to support a rezoning,
138      modification, variance variances, or special exception
139      exceptions to the application of statutes, rules, regulations,
140      or ordinances to the subject property. If the relief granted
141      within the special magistrate's recommendation or a negotiated
142      settlement entered into under this section has the effect of
143      contravening local comprehensive plans or is inconsistent with
144      the local government's adopted comprehensive plan, the
145      recommendation or approved negotiated settlement shall be deemed
146      consistent with the comprehensive plan under s. 163.3194 if the
147      special magistrate or the governing body of the local government
148      finds that the settlement agreement and approved development
149      protects the public interest served by the comprehensive plan
150      provisions with which it is inconsistent.

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         CS/HB 439                                                                                            2023




151              Section 2.          Subsections (12), (22), (51), and (52) of
152      section 163.3164, Florida Statutes, are amended to read:
153              163.3164           Community Planning Act; definitions.—As used in
154      this act:
155              (12)        "Density" means an objective measurement of the
156      number of people or residential units allowed per unit of land,
157      such as dwelling units residents or employees per acre.
158              (22)        "Intensity" means an objective measurement of the
159      extent to which land may be developed or used expressed in
160      square feet per unit of land, such as a maximum floor ratio per
161      acre, including the consumption or use of the space above, on,
162      or below ground; the measurement of the use of or demand on
163      natural resources; and the measurement of the use of or demand
164      on facilities and services.
165              (51)        "Urban service area" means:
166              (a)         Areas identified in the comprehensive plan where
167      public facilities and services, including, but not limited to,
168      central water and sewer capacity and roads, are already in place
169      or may be expanded through investment by the are identified in
170      the capital improvements element. The term includes any areas
171      identified in the comprehensive plan as urban service areas,
172      regardless of local government or the private sector limitation.
173              (b)         All lands located in a county or municipality that
174      have been designated as a dense urban land area under s.
175      380.0651(3)(a).

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         CS/HB 439                                                                                            2023




176              (52)        "Urban sprawl" means an unplanned and uncontrolled a
177      development pattern characterized by low density, automobile-
178      dependent development with either a single use or multiple uses
179      that are not functionally related, requiring the extension of
180      public facilities and services in an inefficient manner, and
181      failing to provide a clear separation between urban and rural
182      uses.
183              Section 3.          Paragraph (f) of subsection (1), subsection
184      (2), paragraph (a) of subsection (5), and paragraph (a) of
185      subsection (6) of section 163.3177, Florida Statutes, are
186      amended to read:
187              163.3177           Required and optional elements of comprehensive
188      plan; studies and surveys.—
189              (1)         The comprehensive plan shall provide the principles,
190      guidelines, standards, and strategies for the orderly and
191      balanced future economic, social, physical, environmental, and
192      fiscal development of the area that reflects community
193      commitments to implement the plan and its elements. These
194      principles and strategies shall guide future decisions in a
195      consistent manner and shall contain programs and activities to
196      ensure comprehensive plans are implemented. The sections of the
197      comprehensive plan containing the principles and strategies,
198      generally provided as goals, objectives, and policies, shall
199      describe how the local government's programs, activities, and
200      land development regulations will be initiated, modified, or

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         CS/HB 439                                                                                            2023




201      continued to implement the comprehensive plan in a consistent
202      manner. It is not the intent of this part to require the
203      inclusion of implementing regulations in the comprehensive plan
204      but rather to require identification of those programs,
205      activities, and land development regulations that will be part
206      of the strategy for implementing the comprehensive plan and the
207      principles that describe how the programs, activities, and land
208      development regulations will be carried out. The plan shall
209      establish meaningful and predictable standards for the use and
210      development of land and provide meaningful guidelines for the
211      content of more detailed land development and use regulations.
212              (f)         All required mandatory and optional elements of the
213      comprehensive plan and plan amendments shall be based upon
214      relevant and appropriate data and an analysis by the local
215      government that may include, but not be limited to, surveys,
216      studies, community goals and vision, and other data available at
217      the time of adoption of the comprehensive plan or plan
218      amendment. To be based on data means to react to it in an
219      appropriate way and to the extent necessary indicated by the
220      data available on that particular subject at the time of
221      adoption of the plan or plan amendment at issue.
222              1.      Surveys, studies, and data utilized in the preparation
223      of the comprehensive plan may not be deemed a part of the
224      comprehensive plan unless adopted as a part of it. Copies of
225      such studies, surveys, data, and supporting documents for

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         CS/HB 439                                                                                            2023




226      proposed plans and plan amendments shall be made available for
227      public inspection, and copies of such plans shall be made
228      available to the public upon payment of reasonable charges for
229      reproduction. Support data or summaries shall be are not subject
230      to the compliance review process, but the comprehensive plan
231      must be clearly based on appropriate data. Support data or
232      summaries may be used to aid in the determination of compliance
233      and consistency.
234              2.      Data must be taken from professionally accepted
235      sources. The application of a methodology utilized in data
236      collection or whether a particular methodology is professionally
237      accepted may be evaluated. However, the evaluation may not
238      include whether one accepted methodology is better than another.
239      Original data collection by local governments is not required.
240      However, local governments may use original data so long as
241      methodologies are professionally accepted.
242              3.      The comprehensive plan shall be based upon permanent
243      and seasonal population estimates and projections, which shall
244      either be those published by the Office of Economic and
245      Demographic Research or generated by the local government based
246      upon a professionally acceptable methodology, whichever is
247      greater. The plan must be based on at least the minimum amount
248      of land required to accommodate the medium projections as
249      published by the Office of Economic and Demographic Research for
250      at least a 10-year planning period unless otherwise limited

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         CS/HB 439                                                                                            2023




251      under s. 380.05, including related rules of the Administration
252      Commission. Absent physical limitations on population growth,
253      population projections for each municipality, and the
254      unincorporated area within a county must, at a minimum, be
255      reflective of each area's proportional share of the total county
256      population and the total county population growth.
257              (2)         Coordination of the required and optional several
258      elements of the local comprehensive plan shall be a major
259      objective of the planning process. The required and optional
260      several elements of the comprehensive plan shall be consistent.
261      Optional elements of the comprehensive plan may not contain
262      policies that restrict the density or intensity established in
263      the future land use element. Where data is relevant to required
264      and optional several elements, consistent data shall be used,
265      including population estimates and projections unless
266      alternative data can be justified for a plan amendment through
267      new supporting data and analysis. Each map depicting future
268      conditions must reflect the principles, guidelines, and
269      standards within all elements, and each such map must be
270      contained within the comprehensive plan.
271              (5)(a)        Each local government comprehensive plan must
272      include at least two planning periods, one covering at least the
273      first 10-year 5-year period occurring after the plan's adoption
274      and one covering at least a 20-year 10-year period. Additional
275      planning periods for specific components, elements, land use

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         CS/HB 439                                                                                            2023




276      amendments, or projects shall be permissible and accepted as
277      part of the planning process.
278              (6)         In addition to the requirements of subsections (1) -
279      (5), the comprehensive plan shall include the following
280      elements:
281              (a)         A future land use plan element designating proposed
282      future general distribution, location, and extent of the uses of
283      land for residential uses, commercial uses, industry,
284      agriculture, recreation, conservation, education, public
285      facilities, and other categories of the public and private uses
286      of land. The approximate acreage and the general range of
287      density or intensity of use shall be provided for the gross land
288      area included in each existing land use category. The element
289      shall establish the long-term end toward which land use programs
290      and activities are ultimately directed.
291              1.      Each future land use category must be defined in terms
292      of uses included, and must include standards to be followed in
293      the control and distribution of population densities and
294      building and structure intensities. The proposed distribution,
295      location, and extent of the various categories of land use shall
296      be shown on a land use map or map series which shall be
297      supplemented by goals, policies, and measurable objectives.
298              2.      The future land use plan and plan amendments shall be
299      based upon surveys, studies, and data regarding the area, as
300      applicable, including:

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         CS/HB 439                                                                                            2023




301              a.      The amount of land required to accommodate anticipated
302      growth.
303              b.      The projected permanent and seasonal population of the
304      area.
305              c.      The character of undeveloped land.
306              d.      The availability of water supplies, public facilities,
307      and services.
308              e.      The need for redevelopment, including the renewal of
309      blighted areas and the elimination of nonconforming uses which
310      are inconsistent with the character of the community.
311              f.      The compatibility of uses on lands adjacent to or
312      closely proximate to military installations.
313              g.      The compatibility of uses on lands adjacent to an
314      airport as defined in s. 330.35 and consistent with s. 333.02.
315              h.      The discouragement of urban sprawl.
316              i.      The need for job creation, capital investment, and
317      economic development that will strengthen and diversify the
318      community's economy.
319              j.      The need to modify land uses and development patterns
320      within antiquated subdivisions.
321              3.      The future land use plan element shall include criteria
322      to be used to:
323              a.      Achieve the compatibility of lands adjacent or closely
324      proximate to military installations, considering factors
325      identified in s. 163.3175(5).

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326              b.      Achieve the compatibility of lands adjacent to an
327      airport as defined in s. 330.35 and consistent with s. 333.02.
328              c.      Encourage preservation of recreational and commercial
329      working waterfronts for water-dependent uses in coastal
330      communities.
331              d.      Encourage the location of schools proximate to urban
332      service residential areas to the extent possible and encourage
333      the location of schools in all areas if necessary to provide
334      adequate school capacity to serve residential development.
335              e.      Coordinate future land uses with the topography and
336      soil conditions, and the availability of facilities and
337      services.
338              f.      Ensure the protection of natural and historic
339      resources.
340              g.      Provide for the compatibility of adjacent land uses.
341              h.      Provide guidelines for the implementation of mixed-use
342      development including the types of uses allowed, the percentage
343      distribution among the mix of uses, or other standards, and the
344      density and intensity of each use.
345              4.      The amount of land designated for future planned uses
346      shall provide a balance of uses that foster vibrant, viable
347      communities and economic development opportunities and address
348      outdated development patterns, such as antiquated subdivisions.
349      The amount of land designated for future land uses should allow
350      the operation of real estate markets to provide adequate choices

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351      for permanent and seasonal residents and business and may not be
352      limited solely by the projected population. The element shall
353      accommodate at least the minimum amount of land required to
354      accommodate the medium projections as published by the Office of
355      Economic and Demographic Research for at least a 10 -year
356      planning period unless otherwise limited under s. 380.05,
357      including related rules of the Administration Commission.
358              5.      The future land use plan of a county may designate
359      areas for possible future municipal incorporation.
360              6.      The land use maps or map series shall generally
361      identify and depict historic district boundaries and shall
362      designate historically significant properties meriting
363      protection.
364              7.      The future land use element must clearly identify the
365      land use categories in which public schools are an allowable
366      use. When delineating the land use categories in which public
367      schools are an allowable use, a local government shall include
368      in the categories sufficient land proximate to residential
369      development to meet the projected needs for schools in
370      coordination with public school boards and may establish
371      differing criteria for schools of different type or size. Each
372      local government shall include lands contiguous to existing
373      school sites, to the maximum extent possible, within the land
374      use categories in which public schools are an allowable use.
375              8.      Future land use map amendments shall be based upon the

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376      following analyses:
377              a.      An analysis of the availability of facilities and
378      services.
379              b.      An analysis of the suitability of the plan amendment
380      for its proposed use considering the character of the
381      undeveloped land, soils, topography, natural resources, and
382      historic resources on site.
383              c.      An analysis of the minimum amount of land needed to
384      achieve the goals and requirements of this section.
385              9.      The future land use element and any amendment to the
386      future land use element shall discourage the proliferation of
387      urban sprawl by planning for future development as provided in
388      this section.
389              a.      The primary indicators that a plan or plan amendment
390      does not discourage the proliferation of urban sprawl are listed
391      below. The evaluation of the presence of these indicators shall
392      consist of an analysis of the plan or plan amendment within the
393      context of features and characteristics unique to each locality
394      in order to determine whether the plan or plan amendment:
395              (I)         Promotes, allows, or designates for development
396      substantial areas of the jurisdiction to develop as low -
397      intensity, low-density, or single-use development or uses.
398              (II)        Promotes, allows, or designates significant amounts
399      of urban development to occur in rural areas at substantial
400      distances from existing urban areas while not using undeveloped

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         CS/HB 439                                                                                            2023




401      lands that are available and suitable for development.
402              (III)        Promotes, allows, or designates urban development in
403      radial, strip, isolated, or ribbon patterns generally emanating
404      from existing urban developments.
405              (IV)        Fails to adequately protect and conserve natural
406      resources, such as wetlands, floodplains, native vegetation,
407      environmentally sensitive areas, natural groundwater aquifer
408      recharge areas, lakes, rivers, shorelines, beaches, bays,
409      estuarine systems, and other significant natural systems.
410              (V)         Fails to adequately protect adjacent agricultural
411      areas and activities, including silviculture, active
412      agricultural and silvicultural activities, passive agricultural
413      activities, and dormant, unique, and prime farmlands and soils.
414              (VI)        Fails to maximize use of existing public facilities
415      and services.
416              (VII)        Fails to maximize use of future public facilities
417      and services.
418              (VIII)        Allows for land use patterns or timing which
419      disproportionately increase the cost in time, money, and energy
420      of providing and maintaining facilities and services, including
421      roads, potable water, sanitary sewer, stormwater management, law
422      enforcement, education, health care, fire and emergency
423      response, and general government.
424              (IX)        Fails to provide a clear separation between rural and
425      urban uses.

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426              (X)         Discourages or inhibits infill development or the
427      redevelopment of existing neighborhoods and communities.
428              (XI)        Fails to encourage a functional mix of uses.
429              (XII)        Results in poor accessibility among linked or
430      related land uses.
431              (XIII)        Results in the loss of significant amounts of
432      functional open space.
433              b.      The future land use element or plan amendment shall be
434      determined to discourage the proliferation of urban sprawl if it
435      incorporates a development pattern or urban form that achieves
436      four or more of the following:
437              (I)         Directs or locates economic growth and associated land
438      development to geographic areas of the community in a manner
439      that does not have an adverse impact on and protects natural
440      resources and ecosystems.
441              (II)        Promotes the efficient and cost-effective provision
442      or extension of public infrastructure and services.
443              (III)        Promotes walkable and connected communities and
444      provides for compact development and a mix of uses at densities
445      and intensities that will support a range of housing choices and
446      a multimodal transportation system, including pedestrian,
447      bicycle, and transit, if available.
448              (IV)        Promotes conservation of water and energy.
449              (V)         Preserves agricultural areas and activities, including
450      silviculture, and dormant, unique, and prime farmlands and

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451      soils.
452              (VI)        Preserves open space and natural lands and provides
453      for public open space and recreation needs.
454              (VII)        Creates a balance of land uses based upon demands of
455      the residential population for the nonresidential needs of an
456      area.
457              (VIII)        Provides uses, densities, and intensities of use
458      and urban form that would remediate an existing or planned
459      development pattern in the vicinity that constitutes sprawl or
460      if it provides for an innovative development pattern such as
461      transit-oriented developments or new towns as defined in s.
462      163.3164.
463              10.         The future land use element shall include a future
464      land use map or map series.
465              a.      The proposed distribution, extent, and location of the
466      following uses shall be shown on the future land use map or map
467      series:
468              (I)         Residential.
469              (II)        Commercial.
470              (III)        Industrial.
471              (IV)        Agricultural.
472              (V)         Recreational.
473              (VI)        Conservation.
474              (VII)        Educational.
475              (VIII)        Public.

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         CS/HB 439                                                                                            2023




476              b.      The following areas shall also be shown on the future
477      land use map or map series, if applicable:
478              (I)         Historic district boundaries and designated
479      historically significant properties.
480              (II)        Transportation concurrency management area boundaries
481      or transportation concurrency exception area boundaries.
482              (III)        Multimodal transportation district boundaries.
483              (IV)        Mixed-use categories.
484              c.      The following natural resources or conditions shall be
485      shown on the future land use map or map series, if applicable:
486              (I)         Existing and planned public potable waterwells, cones
487      of influence, and wellhead protection areas.
488              (II)        Beaches and shores, including estuarine systems.
489              (III)        Rivers, bays, lakes, floodplains, and harbors.
490              (IV)        Wetlands.
491              (V)         Minerals and soils.
492              (VI)        Coastal high hazard areas.
493              Section 4.          Section 163.3191, Florida Statutes, is amended
494      to read:
495              163.3191           Evaluation and appraisal of comprehensive plan.—
496              (1)         At least once every 7 years, each local government
497      must shall evaluate its comprehensive plan to determine if plan
498      amendments are necessary to reflect a minimum planning period of
499      at least 10 years as provided in s. 163.3177(5), or to reflect
500      changes in state requirements in this part since the last update

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         CS/HB 439                                                                                            2023




501      of the comprehensive plan, and notify the state land planning
502      agency as to its determination. The notification shall include a
503      separate affidavit, signed by the chair of the governing body of
504      the county and the mayor of the municipality, attesting that all
505      elements of its comprehensive plan comply with this subsection.
506      The affidavit must also include a certification that the adopted
507      comprehensive plan contains the minimum planning period of 10
508      years, as provided in s. 163.3177(5), and must cite the source
509      and date of the population projections used in establishing the
510      10-year planning period.
511              (2)         If the local government determines amendments to its
512      comprehensive plan are necessary to reflect changes in state
513      requirements, the local government shall prepare and transmit
514      within 1 year such plan amendment or amendments for review
515      pursuant to s. 163.3184.
516              (3)         Local governments must are encouraged to
517      comprehensively evaluate and, as necessary, update comprehensive
518      plans to reflect changes in local conditions. Plan amendments
519      transmitted pursuant to this section shall be reviewed pursuant
520      to s. 163.3184(4). Updates to the required elements of the
521      comprehensive plan must be processed in the same plan amendment
522      cycle. Optional elements of the comprehensive plan may not be
523      updated until the required elements have been updated, unless
524      otherwise required by general law.
525              (4)         If a local government fails to submit the its letter

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         CS/HB 439                                                                                            2023




526      and affidavit prescribed by subsection (1) or update its plan
527      pursuant to subsection (3) within 1 year from the date the
528      letter was transmitted to the state land planning agency (2), it
529      may not initiate or adopt any publicly initiated plan amendments
530      to amend its comprehensive plan until such time as it complies
531      with this section, unless otherwise required by general law.
532      This prohibition on plan amendments does not apply to privately
533      initiated plan amendments. The failure of the local government
534      to update its plan in a timely manner may not be the basis for
535      the denial of a privately initiated comprehensive plan
536      amendment.
537              (5)         If it is determined that a local government has failed
538      to update its comprehensive plan pursuant to this section, the
539      state land planning agency shall provide the required population
540      projections that must be used by the local government to update
541      the comprehensive plan. The local government shall initiate an
542      update to its comprehensive plan within 3 months following the
543      receipt of the population projections and must complete the
544      update within 12 months. During the update process, the local
545      government may provide alternative population projections based
546      on professionally accepted methodologies, but only if those
547      population projections exceed the population projections
548      provided by the state land planning agency and only if the
549      update is completed within the time period provided in this
550      subsection.

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         CS/HB 439                                                                                            2023




551              (6)(5)        The state land planning agency may not adopt rules
552      to implement this section, other than procedural rules or a
553      schedule indicating when local governments must comply with the
554      requirements of this section.
555              Section 5.          Subsections (2) and (5) of section 163.3202,
556      Florida Statutes, are amended to read:
557              163.3202           Land development regulations.—
558              (2)         Local land development regulations must shall contain
559      specific and detailed provisions necessary or desirable to
560      implement the adopted comprehensive plan and shall at a minimum:
561              (a)         Regulate the subdivision of land.
562              (b)         Establish minimum lot sizes within single-family, two-
563      family, and fee-simple, single-family townhome zoning districts
564      to accommodate the maximum density authorized in the
565      comprehensive plan, net of the land area required to be set
566      aside for subdivision roads, sidewalks, stormwater ponds, open
567      space, landscape buffers, and any other mandatory land
568      development regulations that require land to be set aside that
569      could otherwise be used for the development of single -family
570      homes, two-family homes, and fee-simple, single-family
571      townhomes.
572              (c)         Establish infill development standards for single-
573      family homes, two-family homes, and fee-simple townhome dwelling
574      units to allow for the administrative approval of development of
575      infill single-family homes, two-family homes, and fee-simple,

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         CS/HB 439                                                                                            2023




576      single-family townhomes.
577              (d)(b)       Regulate the use of land and water for those land
578      use categories included in the land use element and ensure the
579      compatibility of adjacent uses and provide for open space.
580              (e)(c)       Provide for protection of potable water wellfields.
581              (f)(d)       Regulate areas subject to seasonal and periodic
582      flooding and provide for drainage and stormwater management.
583              (g)(e)       Ensure the protection of environmentally sensitive
584      lands designated in the comprehensive plan.
585              (h)(f)       Regulate signage.
586              (i)(g)       Provide that public facilities and services meet or
587      exceed the standards established in the capital improvements
588      element required by s. 163.3177 and are available when needed
589      for the development, or that development orders and permits are
590      conditioned on the availability of these public facilities and
591      services necessary to serve the proposed development. A local
592      government may not issue a development order or permit that
593      results in a reduction in the level of services for the affected
594      public facilities below the adopted level of services provided
595      in the local government's comprehensive plan. Levels of service
596      established in a comprehensive plan solely for planning purposes
597      may not be used as a basis for the denial of a development order
598      or permit.
599              (j)(h)       Ensure safe and convenient onsite traffic flow,
600      considering needed vehicle parking.

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         CS/HB 439                                                                                            2023




601              (k)(i)       Maintain the existing density of residential
602      properties or recreational vehicle parks if the properties are
603      intended for residential use and are located in the
604      unincorporated areas that have sufficient infrastructure, as
605      determined by a local governing authority, and are not located
606      within a coastal high-hazard area under s. 163.3178.
607              (l)(j)       Incorporate preexisting development orders
608      identified pursuant to s. 163.3167(3).
609              (5)(a)       Land development regulations relating to building
610      design elements may not be applied to a single-family or two-
611      family dwelling unless:
612              1.      The dwelling is listed in the National Register of
613      Historic Places, as defined in s. 267.021(5); is located in a
614      National Register Historic District; or is designated as a
615      historic property or located in a historic district, under the
616      terms of a local preservation ordinance;
617              2.      The regulations are adopted in order to implement the
618      National Flood Insurance Program;
619              3.      The regulations are adopted pursuant to and in
620      compliance with chapter 553;
621              4.      The dwelling is located in a community redevelopment
622      area, as defined in s. 163.340(10);
623              5.      The regulations are required to ensure protection of
624      coastal wildlife in compliance with s. 161.052, s. 161.053, s.
625      161.0531, s. 161.085, s. 161.163, or chapter 373; or

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         CS/HB 439                                                                                            2023




626              6.      The dwelling is located in a planned unit development
627      or master planned community created pursuant to a local
628      ordinance, resolution, or other final action approved by the
629      local governing body; or
630              6.7.        The dwelling is located within the jurisdiction of a
631      local government that has a design review board or architectural
632      review board created before January 1, 2020.
633              (b)         For purposes of this subsection, the term:
634              1.      "Building design elements" means the external building
635      color; the type or style of exterior cladding material; the
636      style or material of roof structures or porches; the exterior
637      nonstructural architectural ornamentation; the location or
638      architectural styling of windows or doors; the location or
639      orientation of the garage; the number and type of rooms; and the
640      interior layout of rooms. The term does not include the height,
641      bulk, orientation, or location of a dwelling on a zoning lot; or
642      the use of buffering or screening to minimize potential adverse
643      physical or visual impacts or to protect the privacy of
644      neighbors.
645              2.      "Planned unit development" or "master planned
646      community" means an area of land that is planned and developed
647      as a single entity or in approved stages with uses and
648      structures substantially related to the character of the entire
649      development, or a self-contained development in which the
650      subdivision and zoning controls are applied to the project as a

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         CS/HB 439                                                                                            2023




651      whole rather than to individual lots.
652              (c)         This subsection does not affect the validity or
653      enforceability of private covenants or other contractual
654      agreements relating to building design elements.
655              Section 6.          Paragraph (g) of subsection (5) of section
656      163.3246, Florida Statutes, is amended to read:
657              163.3246           Local government comprehensive planning
658      certification program.—
659              (5)         If the local government meets the eligibility criteria
660      of subsection (2), the state land planning agency shall certify
661      all or part of a local government by written agreement, which
662      shall be considered final agency action subject to challenge
663      under s. 120.569. The agreement must include the following
664      components:
665              (g)         Criteria to evaluate the effectiveness of the
666      certification process in achieving the community-development
667      goals for the certification area including:
668              1.      Measuring the compactness of growth, expressed as the
669      ratio between population growth and land consumed;
670              2.      Increasing residential density and intensity
671      intensities of use;
672              3.      Measuring and reducing vehicle miles traveled and
673      increasing the interconnectedness of the street system,
674      pedestrian access, and mass transit;
675              4.      Measuring the balance between the location of jobs and

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         CS/HB 439                                                                                            2023




676      housing;
677              5.      Improving the housing mix within the certification
678      area, including the provision of mixed-use neighborhoods,
679      affordable housing, and the creation of an affordable housing
680      program if such a program is not already in place;
681              6.      Promoting mixed-use developments as an alternative to
682      single-purpose centers;
683              7.      Promoting clustered development having dedicated open
684      space;
685              8.      Linking commercial, educational, and recreational uses
686      directly to residential growth;
687              9.      Reducing per capita water and energy consumption;
688              10.         Prioritizing environmental features to be protected
689      and adopting measures or programs to protect identified
690      features;
691              11.         Reducing hurricane shelter deficits and evacuation
692      times and implementing the adopted mitigation strategies; and
693              12.         Improving coordination between the local government
694      and school board.
695              Section 7.         Paragraph (a) of subsection (2) of section
696      189.08, Florida Statutes, is amended to read:
697              189.08        Special district public facilities report. —
698              (2)         Each independent special district shall submit to each
699      local general-purpose government in which it is located a public
700      facilities report and an annual notice of any changes. The

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         CS/HB 439                                                                                            2023




701      public facilities report shall specify the following
702      information:
703              (a)         A description of existing public facilities owned or
704      operated by the special district, and each public facility that
705      is operated by another entity, except a local general -purpose
706      government, through a lease or other agreement with the special
707      district. This description shall include the current capacity of
708      the facility, the current demands placed upon it, and its
709      location. This information shall be required in the initial
710      report and updated every 7 years at least 12 months before the
711      submission date of the evaluation and appraisal notification
712      letter of the appropriate local government required by s.
713      163.3191. The department shall post a schedule on its website,
714      based on the evaluation and appraisal notification schedule
715      prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a
716      special district to determine when its public facil ities report
717      and updates to that report are due to the local general -purpose
718      governments in which the special district is located.
719              Section 8.         Subsection (29) of section 479.01, Florida
720      Statutes, is amended to read:
721              479.01        Definitions.—As used in this chapter, the term:
722              (29)        "Zoning category" means the designation under the
723      land development regulations or other similar ordinance enacted
724      to regulate the use of land as provided in s. 163.3202(2) s.
725      163.3202(2)(b), which designation sets forth the allowable uses,

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         CS/HB 439                                                                                            2023




726      restrictions, and limitations on use applicable to properties
727      within the category.
728              Section 9.         This act shall take effect July 1, 2023.




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                                COMMERCE COMMITTEE

                              HB 439 by Rep. McClain
                       Land Use and Development Regulations

                                AMENDMENT SUMMARY
                                    April 10, 2023


Amendment 1 by Rep. McClain (strike all):
  • Clarifies language related to land use and environmental dispute resolutions, support
     data and the summaries utilized in the preparation of the comprehensive plan, and the
     evaluation and appraisal of comprehensive plan.
  • Reverts some definitions back to current law, including density, urban service area, and
     urban sprawl.
  • Reverts the local government comprehensive planning certification program back to
     current law.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 439   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:    Commerce Committee
 2     Representative McClain offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6
 7          Section 1.    Paragraph (h) of subsection (18) of section
 8     70.51, Florida Statutes, is redesignated as paragraph (i),
 9     paragraph (a) of subsection (17), paragraph (a) of subsection
10     (21), and subsection (25) are amended, and a new paragraph (h)
11     is added to subsection (18) of that section, to read:
12          70.51    Land use and environmental dispute resolution. —
13          (17)    In all respects, the hearing must be informal and
14     open to the public and does not require the use of an attorney.
15     The hearing must operate at the direction and under the
16     supervision of the special magistrate. The object of the hearing
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                                                  Bill No. CS/HB 439   (2023)
       Amendment No. 1


17     is to focus attention on the impact of the governmental action
18     giving rise to the request for relief and to explore
19     alternatives to the development order or enforcement action and
20     other regulatory efforts by the governmental entities in order
21     to recommend relief, when appropriate, to the owner.
22          (a)    The first responsibility of the special magistrate is
23     to facilitate a resolution of the conflict between the owner and
24     governmental entities to the end that some modification of the
25     owner's proposed use of the property or adjustment in the
26     development order or enforcement action or regulatory efforts by
27     one or more of the governmental parties may be reached.
28     Accordingly, the special magistrate shall act as a facilitator
29     or mediator between the parties in an effort to effect a
30     mutually acceptable solution. The parties shall be represented
31     at the mediation by persons with authority to bind their
32     respective parties to a solution, or by persons with authority
33     to recommend a solution directly to the persons with authority
34     to bind their respective parties to a solution. A negotiated
35     settlement may include, but is not limited to, one or more of
36     the following types of relief or other extraordinary relief
37     deemed appropriate by the parties:
38          1.    An adjustment of land development or permit standards
39     or other provisions controlling the development or use of land
40     for the property subject to the dispute or other property owned
41     or controlled by the parties to the settlement.
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                                                   Bill No. CS/HB 439   (2023)
       Amendment No. 1


42          2.     Increases or modifications in the density, intensity,
43     or use of areas of development.
44          3.     The transfer of development rights.
45          4.     Land swaps or exchanges.
46          5.     Mitigation relief, including payments in lieu of onsite
47     mitigation.
48          6.     Location on the least sensitive portion of the
49     property.
50          7.     Conditioning the amount of development or use
51     permitted.
52          8.     A requirement that issues be addressed on a more
53     comprehensive basis than a single proposed use or development.
54          9.     Issuance of the development order, a variance, a
55     special exception, or other extraordinary relief, including
56     withdrawal of the enforcement action.
57          10.     Purchase of the real property, or an interest therein,
58     by an appropriate governmental entity or payment of
59     compensation.
60          (18)    The circumstances to be examined in determining
61     whether the development order or enforcement action, or the
62     development order or enforcement action in conjunction with
63     regulatory efforts of other governmental parties, is
64     unreasonable or unfairly burdens use of the property may
65     include, but are not limited to:


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                                                  Bill No. CS/HB 439   (2023)
       Amendment No. 1


66          (h)    The public interest served by the local comprehensive
67     plan provisions that are inconsistent with the proposed relief
68     granted by the special magistrate's recommendation.
69          (21)   Within 45 days after receipt of the special
70     magistrate's recommendation, the governmental entity responsible
71     for the development order or enforcement action and other
72     governmental entities participating in the proceeding must
73     consult among themselves and each governmental entity must:
74          (a)    Accept the recommendation of the special magistrate as
75     submitted and proceed to implement it by development agreement,
76     when appropriate, or by other method, in the ordinary course and
77     consistent with the rules and procedures of that governmental
78     entity. However, the decision of the governmental entity to
79     accept the recommendation of the special magistrate with respect
80     to granting a rezoning, modification, variance, or special
81     exception to the application of statutes, rules, regulations,
82     comprehensive plans, or ordinances as they would otherwise apply
83     to the subject property does not require an owner to duplicate
84     previous processes in which the owner has participated in order
85     to effectuate the granting of the modification, variance, or
86     special exception. Any recommendation of the special magistrate
87     with respect to granting a rezoning of property is not
88     considered contract zoning;
89          (25)   Regardless of the action the governmental entity
90     takes on the special magistrate's recommendation, a
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                                                    Bill No. CS/HB 439   (2023)
        Amendment No. 1


 91     recommendation that the development order or enforcement action,
 92     or the development order or enforcement action in combination
 93     with other governmental regulatory actions, is unreasonable or
 94     unfairly burdens use of the owner's real property may serve as
 95     an indication of sufficient hardship to support a rezoning,
 96     modification, variance variances, or special exception
 97     exceptions to the application of statutes, rules, regulations,
 98     or ordinances to the subject property. If the relief granted
 99     within the special magistrate's recommendation or a negotiated
100     settlement entered into under this section has the effect of
101     contravening local comprehensive plans or is inconsistent with
102     the local government's adopted comprehensive plan, the
103     recommendation or approved negotiated settlement shall be deemed
104     consistent with the comprehensive plan under s. 163.3194 if the
105     special magistrate or the governing body of the local government
106     finds that the settlement agreement and approved development
107     protects the public interest served by the comprehensive plan
108     provisions with which the development conflicts.
109          Section 2.    Paragraph (f) of subsection (1), subsection
110     (2), paragraph (a) of subsection (5), and paragraph (a) of
111     subsection (6) of section 163.3177, Florida Statutes, are
112     amended to read:
113          163.3177     Required and optional elements of comprehensive
114     plan; studies and surveys.—


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                                                  Bill No. CS/HB 439   (2023)
        Amendment No. 1


115          (1)   The comprehensive plan shall provide the principles,
116     guidelines, standards, and strategies for the orderly and
117     balanced future economic, social, physical, environmental, and
118     fiscal development of the area that reflects community
119     commitments to implement the plan and its elements. These
120     principles and strategies shall guide future decisions in a
121     consistent manner and shall contain programs and activities to
122     ensure comprehensive plans are implemented. The sections of the
123     comprehensive plan containing the principles and strategies,
124     generally provided as goals, objectives, and policies, shall
125     describe how the local government's programs, activities, and
126     land development regulations will be initiated, modified, or
127     continued to implement the comprehensive plan in a consistent
128     manner. It is not the intent of this part to require the
129     inclusion of implementing regulations in the comprehensive plan
130     but rather to require identification of those programs,
131     activities, and land development regulations that will be part
132     of the strategy for implementing the comprehensive plan and the
133     principles that describe how the programs, activities, and land
134     development regulations will be carried out. The plan shall
135     establish meaningful and predictable standards for the use and
136     development of land and provide meaningful guidelines for the
137     content of more detailed land development and use regulations.
138          (f)   All required mandatory and optional elements of the
139     comprehensive plan and plan amendments must shall be based upon
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                                                  Bill No. CS/HB 439   (2023)
        Amendment No. 1


140     relevant and appropriate data and an analysis by the local
141     government that may include, but not be limited to, surveys,
142     studies, community goals and vision, and other data available at
143     the time of adoption of the comprehensive plan or plan
144     amendment. To be based on data means to react to it in an
145     appropriate way and to the extent necessary indicated by the
146     data available on that particular subject at the time of
147     adoption of the plan or plan amendment at issue.
148          1.   Surveys, studies, and data utilized in the preparation
149     of the comprehensive plan may not be deemed a part of the
150     comprehensive plan unless adopted as a part of it. Copies of
151     such studies, surveys, data, and supporting documents for
152     proposed plans and plan amendments must shall be made available
153     for public inspection, and copies of such plans must shall be
154     made available to the public upon payment of reasonable charges
155     for reproduction. Support data or summaries shall be are not
156     subject to the compliance review process. , but The
157     comprehensive plan, the support data, and the summaries must be
158     clearly based on current appropriate data and analysis, which is
159     relevant to and correlates to the proposed amendment. Support
160     data or summaries may be used to aid in the determination of
161     compliance and consistency.
162          2.   Data must be taken from professionally accepted
163     sources. The application of a methodology utilized in data
164     collection or whether a particular methodology is professionally
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165     accepted may be evaluated. However, the evaluation may not
166     include whether one accepted methodology is better than another.
167     Original data collection by local governments is not required.
168     However, local governments may use original data so long as
169     methodologies are professionally accepted.
170          3.    The comprehensive plan must shall be based upon
171     permanent and seasonal population estimates and projections,
172     which must shall either be those published by the Office of
173     Economic and Demographic Research or generated by the local
174     government based upon a professionally acceptable methodology ,
175     whichever is greater. The plan must be based on at least the
176     minimum amount of land required to accommodate the medium
177     projections as published by the Office of Economic and
178     Demographic Research for at least a 10-year planning period
179     unless otherwise limited under s. 380.05, including related
180     rules of the Administration Commission. Absent physical
181     limitations on population growth, population projections for
182     each municipality, and the unincorporated area within a county
183     must, at a minimum, be reflective of each area's proportiona l
184     share of the total county population and the total county
185     population growth.
186          (2)    Coordination of the required and optional several
187     elements of the local comprehensive plan must shall be a major
188     objective of the planning process. The required and optional
189     several elements of the comprehensive plan must shall be
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190     consistent. Optional elements of the comprehensive plan may not
191     contain policies that restrict the density or intensity
192     established in the future land use element. Where data is
193     relevant to required and optional several elements, consistent
194     data must shall be used, including population estimates and
195     projections unless alternative data can be justified for a plan
196     amendment through new supporting data and analysis. Each map
197     depicting future conditions must reflect the principles,
198     guidelines, and standards within all elements, and each such map
199     must be contained within the comprehensive plan.
200          (5)(a)   Each local government comprehensive plan must
201     include at least two planning periods, one covering at l east the
202     first 10-year 5-year period occurring after the plan's adoption
203     and one covering at least a 20-year 10-year period. Additional
204     planning periods for specific components, elements, land use
205     amendments, or projects shall be permissible and accepted as
206     part of the planning process.
207          (6)    In addition to the requirements of subsections (1) -
208     (5), the comprehensive plan shall include the following
209     elements:
210          (a)    A future land use plan element designating proposed
211     future general distribution, location, and extent of the uses of
212     land for residential uses, commercial uses, industry,
213     agriculture, recreation, conservation, education, public
214     facilities, and other categories of the public and private uses
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215     of land. The approximate acreage and the general range of
216     density or intensity of use must shall be provided for the gross
217     land area included in each existing land use category. The
218     element must shall establish the long-term end toward which land
219     use programs and activities are ultimately directed.
220          1.   Each future land use category must be defined in terms
221     of uses included, and must include standards to be followed in
222     the control and distribution of population densities and
223     building and structure intensities. The proposed distribution,
224     location, and extent of the various categories of land use must
225     shall be shown on a land use map or map series which is shall be
226     supplemented by goals, policies, and measurable objectives.
227          2.   The future land use plan and plan amendments must shall
228     be based upon surveys, studies, and data regarding the area, as
229     applicable, including:
230          a.   The amount of land required to accommodate anticipated
231     growth, including the amount of land necessary to accommodate
232     single-family, two-family, and fee simple townhome development.
233          b.   The projected permanent and seasonal population of the
234     area.
235          c.   The character of undeveloped land.
236          d.   The availability of water supplies, public facilities,
237     and services.




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238          e.     The amount of land located outside the urban service
239     area, excluding lands designated for conservation, preservation,
240     or other public use.
241          f.e.    The need for redevelopment, including the renewal of
242     blighted areas and the elimination of nonconforming uses which
243     are inconsistent with the character of the community.
244          g.f.    The compatibility of uses on lands adjacent to or
245     closely proximate to military installations.
246          h.g.    The compatibility of uses on lands adjacent to an
247     airport as defined in s. 330.35 and consistent with s. 333.02.
248          i.h.    The discouragement of urban sprawl.
249          j.i.    The need for job creation, capital investment, and
250     economic development that will strengthen and diversify the
251     community's economy.
252          k.j.    The need to modify land uses and development patterns
253     within antiquated subdivisions.
254          3.     The future land use plan element must shall include
255     criteria to be used to:
256          a.     Achieve the compatibility of lands adjacent or closely
257     proximate to military installations, considering factors
258     identified in s. 163.3175(5).
259          b.     Achieve the compatibility of lands adjacent to an
260     airport as defined in s. 330.35 and consistent with s. 333.02.




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261          c.     Encourage preservation of recreational and commercial
262     working waterfronts for water-dependent uses in coastal
263     communities.
264          d.     Encourage the location of schools proximate to urban
265     service residential areas to the extent possible and encourage
266     the location of schools in all areas if necessary to provide
267     adequate school capacity to serve residential development.
268          e.     Coordinate future land uses with the topography and
269     soil conditions, and the availability of facilities and
270     services.
271          f.     Ensure the protection of natural and historic
272     resources.
273          g.     Provide for the compatibility of adjacent land uses.
274          h.     Provide guidelines for the implementation of mixed-use
275     development including the types of uses allowed, the percentage
276     distribution among the mix of uses, or other standards, and the
277     density and intensity of each use.
278          4.     The amount of land designated for future planned uses
279     must shall provide a balance of uses that foster vibrant, viable
280     communities and economic development opportunities and address
281     outdated development patterns, such as antiquated subdivisions.
282     The amount of land designated for future land uses should allow
283     the operation of real estate markets to provide adequate choices
284     for permanent and seasonal residents and business and may not be
285     limited solely by the projected population. The element must
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286     shall accommodate at least the minimum amount of land required
287     to accommodate the medium projections as published by the Office
288     of Economic and Demographic Research for at least a 10-year
289     planning period unless otherwise limited under s. 380.05,
290     including related rules of the Administration Commission.
291          5.   The future land use plan of a county may designate
292     areas for possible future municipal incorporation.
293          6.   The land use maps or map series must shall generally
294     identify and depict historic district boundaries and must shall
295     designate historically significant properties meriting
296     protection.
297          7.   The future land use element must clearly identify the
298     land use categories in which public schools are an allowable
299     use. When delineating the land use categories in which public
300     schools are an allowable use, a local government shall include
301     in the categories sufficient land proximate to residential
302     development to meet the projected needs for schools in
303     coordination with public school boards and may establish
304     differing criteria for schools of different type or size. Each
305     local government shall include lands contiguous to existing
306     school sites, to the maximum extent possible, within the land
307     use categories in which public schools are an allowable use.
308          8.   Future land use map amendments must shall be based upon
309     the following analyses:


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310          a.     An analysis of the availability of facilities and
311     services.
312          b.     An analysis of the suitability of the plan amendment
313     for its proposed use considering the character of the
314     undeveloped land, soils, topography, natural resources, and
315     historic resources on site.
316          c.     An analysis of the minimum amount of land needed to
317     achieve the goals and requirements of this section.
318          9.     The future land use element must and any amendment to
319     the future land use element shall discourage the proliferation
320     of urban sprawl by planning for future development as provided
321     in this section.
322          a.     The primary indicators that a plan or plan amendment
323     does not discourage the proliferation of urban sprawl are listed
324     below. The evaluation of the presence of these indicators shall
325     consist of an analysis of the plan or plan amendment within the
326     context of features and characteristics unique to each locality
327     in order to determine whether the plan or plan amendment:
328          (I)     Promotes, allows, or designates for development
329     substantial areas of the jurisdiction to develop as low -
330     intensity, low-density, or single-use development or uses.
331          (II)    Promotes, allows, or designates significant amounts
332     of urban development to occur in rural areas at substantial
333     distances from existing urban areas while not using undeveloped
334     lands that are available and suitable for development.
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335          (III)    Promotes, allows, or designates urban development in
336     radial, strip, isolated, or ribbon patterns generally emanating
337     from existing urban developments.
338          (IV)    Fails to adequately protect and conserve natural
339     resources, such as wetlands, floodplains, native vegetation,
340     environmentally sensitive areas, natural groundwater aquifer
341     recharge areas, lakes, rivers, shorelines, beaches, bays,
342     estuarine systems, and other significant natural systems.
343          (V)     Fails to adequately protect adjacent agricultural
344     areas and activities, including silviculture, active
345     agricultural and silvicultural activities, passive agricultural
346     activities, and dormant, unique, and prime farmlands and soils.
347          (VI)    Fails to maximize use of existing public facilities
348     and services.
349          (VII)    Fails to maximize use of future public facilities
350     and services.
351          (VIII)    Allows for land use patterns or timing which
352     disproportionately increase the cost in time, money, and energy
353     of providing and maintaining facilities and services, including
354     roads, potable water, sanitary sewer, stormwater management, law
355     enforcement, education, health care, fire and emergency
356     response, and general government.
357          (IX)    Fails to provide a clear separation between rural and
358     urban uses.


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359          (X)     Discourages or inhibits infill development or the
360     redevelopment of existing neighborhoods and communities.
361          (XI)    Fails to encourage a functional mix of uses.
362          (XII)     Results in poor accessibility among linked or
363     related land uses.
364          (XIII)    Results in the loss of significant amounts of
365     functional open space.
366          b.     The future land use element or plan amendment shall be
367     determined to discourage the proliferation of urban sprawl if it
368     incorporates a development pattern or urban form that achieves
369     four or more of the following:
370          (I)     Directs or locates economic growth and associated land
371     development to geographic areas of the community in a manner
372     that does not have an adverse impact on and protects natural
373     resources and ecosystems.
374          (II)    Promotes the efficient and cost-effective provision
375     or extension of public infrastructure and services.
376          (III)     Promotes walkable and connected communities and
377     provides for compact development and a mix of uses at densities
378     and intensities that will support a range of housing choices and
379     a multimodal transportation system, including pedestrian,
380     bicycle, and transit, if available.
381          (IV)    Promotes conservation of water and energy.




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382          (V)     Preserves agricultural areas and activities, including
383     silviculture, and dormant, unique, and prime farmlands a nd
384     soils.
385          (VI)    Preserves open space and natural lands and provides
386     for public open space and recreation needs.
387          (VII)     Creates a balance of land uses based upon demands of
388     the residential population for the nonresidential needs of an
389     area.
390          (VIII)    Provides uses, densities, and intensities of use
391     and urban form that would remediate an existing or planned
392     development pattern in the vicinity that constitutes sprawl or
393     if it provides for an innovative development pattern such as
394     transit-oriented developments or new towns as defined in s.
395     163.3164.
396          10.     The future land use element must shall include a
397     future land use map or map series.
398          a.     The proposed distribution, extent, and location of the
399     following uses must shall be shown on the future land use map or
400     map series:
401          (I)     Residential.
402          (II)    Commercial.
403          (III)     Industrial.
404          (IV)    Agricultural.
405          (V)     Recreational.
406          (VI)    Conservation.
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407          (VII)     Educational.
408          (VIII)    Public.
409          b.     The following areas must shall also be shown on the
410     future land use map or map series, if applicable:
411          (I)     Historic district boundaries and designated
412     historically significant properties.
413          (II)    Transportation concurrency management area boundaries
414     or transportation concurrency exception area boundaries.
415          (III)     Multimodal transportation district boundaries.
416          (IV)    Mixed-use categories.
417          c.     The following natural resources or conditions must
418     shall be shown on the future land use map or map series, if
419     applicable:
420          (I)     Existing and planned public potable waterwells, cones
421     of influence, and wellhead protection areas.
422          (II)    Beaches and shores, including estuarine systems.
423          (III)     Rivers, bays, lakes, floodplains, and harbors.
424          (IV)    Wetlands.
425          (V)     Minerals and soils.
426          (VI)    Coastal high hazard areas.
427          Section 3.     Section 163.3191, Florida Statutes, is amended
428     to read:
429          163.3191     Evaluation and appraisal of comprehensive plan.—
430          (1)     At least once every 7 years, each local government
431     shall evaluate its comprehensive plan to determine if plan
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432     amendments are necessary to reflect a minimum planning period of
433     at least 10 years as provided in s. 163.3177(5), or to reflect
434     changes in state requirements in this part since the last update
435     of the comprehensive plan, and notify the state land planning
436     agency as to its determination. The notification shall include a
437     separate affidavit, signed by the chair of the governing body of
438     the county and the mayor of the municipality, attesting that all
439     elements of its comprehensive plan comply with this subsection.
440     The affidavit must also include a certification that the adopted
441     comprehensive plan contains the minimum planning period of 10
442     years, as provided in s. 163.3177(5), and must cite the source
443     and date of the population projections used in establishing the
444     10-year planning period.
445          (2)   If the local government determines amendments to its
446     comprehensive plan are necessary to reflect changes in state
447     requirements, the local government must shall prepare and
448     transmit within 1 year such plan amendment or amendments for
449     review pursuant to s. 163.3184.
450          (3)   Local governments shall are encouraged to
451     comprehensively evaluate and, as necessary, update comprehensive
452     plans to reflect changes in local conditions. Plan amendments
453     transmitted pursuant to this section must shall be reviewed
454     pursuant to s. 163.3184(4). Updates to the required and optional
455     elements of the comprehensive plan must be processed in the same
456     plan amendment cycle.
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457          (4)   If a local government fails to submit the its letter
458     and affidavit prescribed by subsection (1) or transmit the
459     update to its plan pursuant to subsection (3) within 1 year
460     after the date the letter was transmitted to the state land
461     planning agency (2), it may not initiate or adopt any publicly
462     initiated plan amendments to amend its comprehensive plan until
463     such time as it complies with this section, unless otherwise
464     required by general law. This prohibition on plan amendments
465     does not apply to privately initiated plan amendments. The
466     failure of the local government to timely update its plan may
467     not be the basis for the denial of privately initiated
468     comprehensive plan amendments.
469          (5)   If it is determined that a local government has failed
470     to update its comprehensive plan pursuant to this section, the
471     state land planning agency must provide the required population
472     projections that must be used by the local government to update
473     the comprehensive plan. The local government shall initiate an
474     update to its comprehensive plan within 3 months after the
475     receipt of the population projections and must transmit the
476     update within 12 months. If the state land planning agency does
477     not find the update to be in compliance, the agency must
478     establish the timeline to address such deficiencies, not to
479     exceed an additional 12-month period. If the update is
480     challenged by a third party, the local government may seek
481     approval from the state land planning agency to process publicly
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482     initiated plan amendments that are necessary to accommodate
483     population growth during the pendency of the litigation. During
484     the update process, the local government may provide al ternative
485     population projections based on professionally accepted
486     methodologies, but only if those population projections exceed
487     the population projections provided by the state land planning
488     agency and only if the update is completed within the time
489     period provided in this subsection.
490          (6)(5)   The state land planning agency may not adopt rules
491     to implement this section, other than procedural rules or a
492     schedule indicating when local governments must comply with the
493     requirements of this section.
494          Section 4.    Subsections (2) and (5) of section 163.3202,
495     Florida Statutes, are amended to read:
496          163.3202     Land development regulations.—
497          (2)   Local land development regulations shall contain
498     specific and detailed provisions necessary or desirable to
499     implement the adopted comprehensive plan and shall at a minimum:
500          (a)   Regulate the subdivision of land.
501          (b)   Establish minimum lot sizes within single-family, two-
502     family, and fee simple, single-family townhouse zoning districts
503     to accommodate the maximum density authorized in the
504     comprehensive plan, net of the land area required to be set
505     aside for subdivision roads, sidewalks, stormwater ponds, open
506     space, landscape buffers, and any other mandatory land
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507     development regulations that require land to be set aside that
508     could otherwise be used for the development of single -family
509     homes, two-family homes, and fee simple, single-family
510     townhouses.
511          (c)   Establish infill development standards for single-
512     family homes, two-family homes, and fee simple townhouse
513     dwelling units to allow for the administrative approval of
514     development of infill single-family homes, two-family homes, and
515     fee simple, single-family townhouses.
516          (d)(b)   Regulate the use of land and water for those land
517     use categories included in the land use element and ensure the
518     compatibility of adjacent uses and provide for open space.
519          (e)(c)   Provide for protection of potable water wellfields.
520          (f)(d)   Regulate areas subject to seasonal and periodic
521     flooding and provide for drainage and stormwater management.
522          (g)(e)   Ensure the protection of environmentally sensitive
523     lands designated in the comprehensive plan.
524          (h)(f)   Regulate signage.
525          (i)(g)   Provide that public facilities and services meet or
526     exceed the standards established in the capital improvements
527     element required by s. 163.3177 and are available when needed
528     for the development, or that development orders and permits are
529     conditioned on the availability of these public facilities and
530     services necessary to serve the proposed development. A local
531     government may not issue a development order or permit that
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532     results in a reduction in the level of services for the affected
533     public facilities below the level of services provided in the
534     local government's comprehensive plan.
535          (j)(h)   Ensure safe and convenient onsite traffic flow,
536     considering needed vehicle parking.
537          (k)(i)   Maintain the existing density of residential
538     properties or recreational vehicle parks if the properties are
539     intended for residential use and are located in the
540     unincorporated areas that have sufficient infrastructure, as
541     determined by a local governing authority, and are not located
542     within a coastal high-hazard area under s. 163.3178.
543          (l)(j)   Incorporate preexisting development orders
544     identified pursuant to s. 163.3167(3).
545          (5)(a)   Land development regulations relating to building
546     design elements may not be applied to a single-family or two-
547     family dwelling unless:
548          1.   The dwelling is listed in the National Register of
549     Historic Places, as defined in s. 267.021(5); is located in a
550     National Register Historic District; or is designated as a
551     historic property or located in a historic district, under the
552     terms of a local preservation ordinance;
553          2.   The regulations are adopted in order to implement the
554     National Flood Insurance Program;
555          3.   The regulations are adopted pursuant to and in
556     compliance with chapter 553;
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557          4.     The dwelling is located in a community redevelopment
558     area, as defined in s. 163.340(10);
559          5.     The regulations are required to ensure protection of
560     coastal wildlife in compliance with s. 161.052, s. 161.053, s.
561     161.0531, s. 161.085, s. 161.163, or chapter 373; or
562          6.     The dwelling is located in a planned unit development
563     or master planned community created pursuant to a local
564     ordinance, resolution, or other final action approved by the
565     local governing body; or
566          6.7.    The dwelling is located within the jurisdiction of a
567     local government that has a design review board or architectural
568     review board created before January 1, 2020.
569          (b)     For purposes of this subsection, the term:
570          1.     "building design elements" means the external building
571     color; the type or style of exterior cladding material; the
572     style or material of roof structures or porches; the exterior
573     nonstructural architectural ornamentation; the location or
574     architectural styling of windows or doors; the location or
575     orientation of the garage; the number and type of rooms; and the
576     interior layout of rooms. The term does not include the height,
577     bulk, orientation, or location of a dwelling on a zoning lot; or
578     the use of buffering or screening to minimize potential adverse
579     physical or visual impacts or to protect the privacy of
580     neighbors.


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581          2.    "Planned unit development" or "master planned
582     community" means an area of land that is planned and developed
583     as a single entity or in approved stages with uses and
584     structures substantially related to the character of the entire
585     development, or a self-contained development in which the
586     subdivision and zoning controls are applied to the project as a
587     whole rather than to individual lots.
588          (c)    This subsection does not affect the validity or
589     enforceability of private covenants or other contractual
590     agreements relating to building design elements.
591          Section 5.    Paragraph (a) of subsection (2) of section
592     189.08, Florida Statutes, is amended to read:
593          189.08    Special district public facilities report. —
594          (2)    Each independent special district shall submit to each
595     local general-purpose government in which it is located a public
596     facilities report and an annual notice of any changes. The
597     public facilities report shall specify the following
598     information:
599          (a)    A description of existing public facilities owned or
600     operated by the special district, and each public facility that
601     is operated by another entity, except a local general -purpose
602     government, through a lease or other agreement with the special
603     district. This description shall include the current capacity of
604     the facility, the current demands placed upon it, and its
605     location. This information shall be required in the initial
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 439    (2023)
        Amendment No. 1


606     report and updated every 7 years at least 12 months before the
607     submission date of the evaluation and appraisal notification
608     letter of the appropriate local government required by s.
609     163.3191. The department shall post a schedule on its website,
610     based on the evaluation and appraisal notification schedule
611     prepared pursuant to s. 163.3191(6) s. 163.3191(5), for use by a
612     special district to determine when its public facilities report
613     and updates to that report are due to the local general -purpose
614     governments in which the special district is located.
615          Section 6.   Subsection (29) of section 479.01, Florida
616     Statutes, is amended to read:
617          479.01   Definitions.—As used in this chapter, the term:
618          (29)   "Zoning category" means the designation under the
619     land development regulations or other similar ordinance enacted
620     to regulate the use of land as provided in s. 163.3202(2) s.
621     163.3202(2)(b), which designation sets forth the allowable uses,
622     restrictions, and limitations on use applicable to properties
623     within the category.
624          Section 7.   This act shall take effect July, 1, 2023
625
626           -----------------------------------------------------
627                        T I T L E    A M E N D M E N T
628          Remove everything before the enacting clause and insert:
629          An act relating to land use and development regulations;
630     amending s. 70.51, F.S.; providing the types of relief that may
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 439    (2023)
        Amendment No. 1


631     be included in a negotiated settlement; requiring a special
632     magistrate to consider the public interest served by
633     comprehensive plan provisions that are inconsistent with
634     proposed relief; revising the requirements of a governmental
635     entity after the receipt of a special magistrate's
636     recommendation; revising the effect of a special magistrate's
637     recommendation; providing procedures for deeming relief granted
638     by a special magistrate's recommendation or a negot iated
639     settlement consistent with comprehensive plan; amending s.
640     163.3177, F.S.; revising the types of data that comprehensive
641     plans and plan amendments must be based on; revising means by
642     which an application of a methodology used in data collection or
643     whether a particular methodology is professionally accepted may
644     be evaluated; revising the elements that must be included in a
645     comprehensive plan; revising the planning periods that must be
646     included in a comprehensive plan; amending s. 163.3191, F.S.;
647     revising the frequency at which a local government must evaluate
648     its comprehensive plan for specified purposes; requiring, rather
649     than authorizing, a local government to comprehensively evaluate
650     and update its comprehensive plans to reflect changes in local
651     conditions; requiring a local government to submit an affidavit
652     for specified purposes; prohibiting a local government from
653     publicly initiating or adopting plan amendments to its
654     comprehensive plan when it fails to meet certain requirements;
655     requiring the state land planning agency to provide certain
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 439   (2023)
        Amendment No. 1


656     information when a local government fails to update its
657     comprehensive plan; setting forth procedures when the state land
658     planning agency does not find such update to be in compliance or
659     if the update is challenged by a third party; amending s.
660     163.3202, F.S.; revising content requirements for local land
661     development regulations; revising exceptions to applicability of
662     land development regulations relating to single-family or two-
663     family dwelling building design elements; deleting a definition;
664     amending ss. 189.08 and 479.01, F.S.; conforming cross-
665     references; providing an effective date
666




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HB 523
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 523 Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS: SB 534

  REFERENCE                                                     ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform & Economic Development                   15 Y, 0 N            Wright              Anstead
     Subcommittee

  2) Commerce Committee                                                              Wright              Hamon


                                            SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.

Current law addressing limitations on the size of individual wine containers provides the following:
    The sale of wine in an individual container that holds more than one gallon of wine is prohibited.
    Wine may be sold in a reusable container of 5.16 gallons.
    Distributors and manufacturers are allowed to sell wine to other distributors and manufacturers in
       containers of any size.
    Except for restaurants in certain situations, wine sold or offered for sale by a licensed vendor to be
       consumed off the premises must be in the unopened original container.
    Violations are a second-degree misdemeanor.

The bill repeals the law relating to limitations on the size of individual wine containers.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0523b.COM
DATE: 4/6/2023
                                                           FULL ANALYSIS

                                                    I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Beverage Law

          In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
          by manufacturers, distributors, and vendors.2 The Division of Alcoholic Beverages and Tobacco
          (Division) in the Department of Business and Professional Regulation (DBPR) administers and
          enforces the Beverage Law.3

          “Alcoholic beverages” are defined as “distilled spirits and all beverages containing one-half of 1 percent
          or more alcohol by volume.” “Malt beverages” are brewed alcoholic beverages containing malt. 4

          The license and registration classifications used in the Beverage Law include the following:
              “Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same
                  at wholesale to licensed distributors and to no one else within the state, unless authorized by
                  statute.”
              “Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
                  persons who are licensed to sell alcoholic beverages.”
              “Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
                  beverages to licensed manufacturers or licensed distributors, and to no one else in this state. 5
              “Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase
                  or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
                  licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law.” 6

          Wine Container Limitations

          “Wine” is defined as all beverages made from fresh fruits, berries, or grapes, either by natural
          fermentation or by natural fermentation with brandy added, in the manner required by the laws and
          regulations of the United States, and includes all sparkling wines, champagnes, combination of the
          aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be
          added to wine to make it conform to the consumer’s taste, except that the ultimate flavor or the color of
          the product may not be altered to imitate a beverage other than wine or to change the character of the
          wine.7

          Current law governing limitations of the size of wine containers: 8
              Prohibits the sale of wine in an individual container that holds more than one gallon. However,
                 allows wine to be sold in a reusable container of 5.16 gallons.
              Authorizes qualified distributors and manufacturers to sell wine to other qualified distributors
                 and manufacturers in any size container.9
              Except for restaurants in certain situations,10 requires wine sold or offered for sale by a licensed
                 vendor to be consumed off-premises to be in the unopened original container.


1 Section 561.01(6),    F.S., provides that the “The Beverage Law” includes chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 563.01, F.S.
5 S. 561.01(5), F.S.
6 S. 561.14, F.S.
7 S. 564.01(1), F.S.
8 S. 564.05, F.S.
9 Id.
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DATE: 4/6/2023
                 Provides that violations are a second-degree misdemeanor, punishable by a maximum $500
                  fine11 and 60 days in prison.12

         Effect of the Bill

         The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

         The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:

         Section 1         Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.
         Section 2         Provides an effective date.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill will allow the sale of wine in an individual container of any size. This may have a positive fiscal
         impact on businesses that sell wine.

    D. FISCAL COMMENTS:
         None.



                                                         III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not Applicable. This bill does not appear to affect county or municipal governments.

10 The exception allows restaurant patrons to leave the premises with “one unsealed bottle of wine for consumption off the premises,”

provided certain conditions are met. The wine bottle must be partially consumed with a full course meal, securely resealed by the
licensee or one of its employees, secured in a bag or container, wrapped in a way that shows it was previously opened, attach ed to a
dated receipt indicating the full course meal, and transported in a locked vehicle glove compartment, locked trunk, or behind the last
upright seat of a motor vehicle that is not equipped with a trunk. Section 564.09, F.S.
11 S. 775.083(1)(e), F.S.
12 S. 775.082(4)(b), F.S.
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DATE: 4/6/2023
       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill does not appear to create a need for rulemaking or rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




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F   L     O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 523                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to individual wine containers;
    3               repealing s. 564.05, F.S., relating to the limitation
    4               of size of individual wine containers; providing an
    5               effective date.
    6
    7      Be It Enacted by the Legislature of the State of Florida:
    8
    9               Section 1.        Section 564.05, Florida Statutes, is repealed.
10                  Section 2.        This act shall take effect July 1, 2023.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0523-00
CS/HB 541
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 541 Motor Vehicle Glass
SPONSOR(S): Insurance & Banking Subcommittee, Griffitts
TIED BILLS:       IDEN./SIM. BILLS: SB 1002

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                         15 Y, 0 N, As CS        Fortenberry        Lloyd

  2) Civil Justice Subcommittee                               12 Y, 4 N               Mawn               Jones

  3) Commerce Committee                                                               Fortenberry        Hamon


                                              SUMMARY ANALYSIS
The deductible provisions of a motor vehicle insurance policy providing comprehensive or combined additional
coverage do not apply to the repair or replacement of the damaged windshield of any motor vehicle covered
under such policy. Therefore, a consumer often qualifies for motor vehicle glass repair or replacement without
paying a deductible out-of-pocket. Further, some motor vehicle glass repair shops (repair shop) currently offer
incentives, including cash and gift cards, in exchange for a consumer filing an insurance claim for motor
vehicle glass repair or replacement. This, combined with the practice of repair shops accepting an assignment
of the consumer’s post-loss repair benefits for windshield repair or replacement under a motor vehicle
insurance policy, may have contributed to the steep rise in motor vehicle glass lawsuits over the last few years.
The rise in such lawsuits may have, in turn, contributed to the increase in motor vehicle insurance premiums
faced by Florida consumers in recent years.

The bill:
    Expands the definition of “motor vehicle repair” to include advanced driver assistance system (ADAS)
        calibration or recalibration.
    Defines ADAS to mean any motor vehicle electronic safety system that is associated with motor vehicle
        glass and is designed to support the driver and motor vehicle in a manner intended to increase motor
        vehicle safety and reduce losses associated with motor vehicle crashes.
    Prohibits a repair shop or its employees from:
            o Offering to a customer anything of value in exchange for making an insurance claim for motor
                vehicle glass replacement or repair, including ADAS calibration or recalibration, and prohibits a
                non-employee who is compensated for soliciting insurance claims from making such offers.
            o Failing to provide electronic or written notice to the customer as to whether the calibration or
                recalibration of ADAS is required as part of the replacement or repair of motor vehicle glass.
    Authorizes an insurer to offer to an insured or an applicant for insurance, upon the issuance or renewal
        of a policy providing comprehensive or combined additional coverage, a deductible of $250 for claims
        of damage to the windshield of any motor vehicle covered under such policy, which the insured or
        applicant may decline.
    Prohibits a policyholder or any other person from entering into an assignment agreement for post-loss
        benefits for motor vehicle glass replacement or repair under a motor vehicle insurance policy issued or
        renewed on or after July 1, 2023; provides that any such agreement is void; and, unenforceable, and
        defines “assignment agreement” for the purposes of this provision.

The bill does not appear to have a fiscal impact on state or local governments. It may have a positive or negative
direct economic impact on the private sector.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0541c.COM
DATE: 4/6/2023
                                                 FULL ANALYSIS

                                          I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        General Background

        Motor Vehicle Repair Shops

        Motor vehicle repair shops in Florida are regulated by the Department of Agriculture and Consumer
        Services (DACS) under the Florida Motor Vehicle Repair Act (Repair Act). 1 The Repair Act requires that
        all motor vehicle repair shops, with minor exceptions, register with DACS.2 A motor vehicle repair shop
        may be fixed or mobile and includes a person or business that does motor vehicle glass work for
        compensation.3

        Under the Repair Act, it is unlawful for a motor vehicle repair shop or its employee to engage in certain
        activities including misrepresenting that repairs have been made to a motor vehicle or fraudulently
        altering any customer contract, estimate, invoice, or other document.4 The Repair Act provides for
        various remedies for unlawful acts by motor vehicle repair shops, including notices of noncompliance,
        administrative fines, orders to cease and desist, probation of registrants, and suspension or revocation
        of registrations.5

        Motor Vehicle Insurance

        When a consumer purchases the minimum motor vehicle insurance required by Florida law, including
        personal injury protection coverage (PIP), that consumer does not have first-party insurance coverage
        for the repair or replacement of motor vehicle glass. However, a consumer who purchases
        comprehensive coverage, which pays for damage to a motor vehicle caused by an event besides a
        collision, generally has coverage for damaged or broken motor vehicle glass. 6 Because lenders often
        require borrowers who obtain motor vehicle loans to also purchase comprehensive motor vehicle
        insurance coverage, a consumer who owes money on a motor vehicle often has motor vehicle glass
        coverage.7

        Incentives for Motor Vehicle Glass Insurance Claims

        Some motor vehicle glass repair shops currently offer incentives, including cash and gift cards, in
        exchange for a consumer filing an insurance claim for motor vehicle glass repair or replacement.8
        Consumers have also complained to DACS that they never received the incentives promised by the
        motor vehicle glass repair shops, even after their motor vehicle glass was replaced and the claims were
        submitted to the motor vehicle insurance companies. 9

        Auto Glass America, a motor vehicle glass repair shop that advertises up to $100 cash back and a
        $100 gift card for submitting a “qualifying” motor vehicle glass insurance claim, filed over 15,300 motor



1 Ss. 559.901-559.9221,   F.S.
2 S. 559.904,  F.S.
3 S. 559.903(6) and (7), F.S.
4 S. 559.920, F.S.
5 S. 559.921, F.S.
6 See Florida Department of Financial Services, Automobile Insurance a Toolk it for Consumers,

https://www.myfloridacfo.com/docs-sf/consumer-services-libraries/consumerservices -doc uments/understanding-
coverage/consumer-guides/english---automobile-insurance-toolkit.pdf?sfvrsn= 6b999793_4 (last visited Mar. 11, 2023).
7 Id. See discussion on deductible below.
8 See, e.g., https://webuywindshields.com/ (last visited Mar. 11, 2023).
9 See, e.g., Consumer Complaint No.: 225337/Case No. 1509-37312, submitted to DACS on Sept. 18, 2015; available on

request from DACS.
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        vehicle glass related lawsuits against insurers in Florida between January 1, 2016, and February 7,
        2019.10

        Recognizing the dangers posed to consumers, many industries and professions currently prohibit
        incentives in exchange for an act for which the inducer would earn additional income. For example:
             Section 456.054, F.S., prohibits a healthcare provider from offering a kickback to anyone in
                exchange for patient referrals;
             Section 468.456(1)(f), F.S., prohibits an athlete agent from offering anything of value to a
                student athlete to induce the athlete to enter into an agreement for representation;
             Section 626.854(7)(a)2., F.S., prohibits a public adjuster from inducing an insured to submit an
                insurance claim; and
             Section 626.9541, F.S., prohibits an insurance agent from offering inducements in many
                situations, including offering a rebate to induce a customer to enter into an insurance contract,
                or offering a reduced fee for providing title insurance.

        Effect of the Bill – Incentives for Motor Vehicle Glass Insurance Claims

        The bill provides that a motor vehicle repair shop may not offer a customer a rebate, gift, gift card, cash,
        coupon, or other thing of value in exchange for making an insurance claim for motor vehicle glass
        replacement or repair, including related services. The bill prohibits an employee of a m otor vehicle
        repair shop or a nonemployee, who is compensated by a motor vehicle repair shop for the solicitation of
        claims, from offering such an inducement.

        Advanced Driver Assistance Systems (ADAS)

        ADAS include automatic emergency braking, lane and highway assistance features, and driver
        monitoring.11 They make roadways safer and help save lives by using radar, lidar, cameras, computer
        imaging, sensors, networking, and other features.12 While repair or replacement of motor vehicle glass
        often includes calibration or recalibration of ADAS, the Repair Act does not currently include a definition
        of ADAS.

        Effect of the Bill – ADAS

        The bill establishes that it is a violation of law for a motor vehicle repair shop, or an employee of such
        shop, to fail to provide electronic or written notice to a customer whether the calibration or recalibration
        of an ADAS is required as part of the replacement or repair of motor vehicle glass to make the ADAS
        operable and ensure that the service meets or exceeds the specifications of the vehicle manufacturer.

        The bill defines ADAS for its use in the Repair Act. According to the bill, ADAS means any motor
        vehicle electronic safety system associated with motor vehicle glass and designed to support the driver
        and motor vehicle in a manner intended to:
            Increase motor vehicle safety; and
            Reduce losses associated with motor vehicle crashes.

        Additionally, the bill expands the definition of “motor vehicle repair” to include ADAS calibration or
        recalibration.



10 Data retrieved  from Department of Financial Services Service of Process Reports application,
https://apps.fldfs.com/LSOPReports/Reports/Report.aspx (last visited Feb. 7, 2019).
11 ARM, Advanced Driver Assistance Systems,

https://www.arm.com/markets/automotive/adas?utm_source= google& utm_medium=cpc&utm_content=solutions&utm_ca
mpaign=2022_automotive_mk 12_adas&utm_term=adas %20system&gclid=Cj0K CQiA6rCgBhDVARIsAK1kGPL3OcDDtlD
90i-oBymynl453g40Y5iNZmFyjRc QmdqeFYag_tACRlYaA oPSEALw_wcB (last visited Mar. 11, 2023).
12 Florida Department of Financial Services, Agency Analysis of 2023 Senate Bill 1002, p. 1 (Feb. 27, 2023) (Senate Bi ll

1002 is the companion bill to PCS for HB 541).

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        Windshield Deductibles

        A “deductible” is the amount an insured must pay before an insurance company will make any payment
        on an insurance claim. Pursuant to s. 627.7288, F.S., the deductible provisions of a motor vehicle
        insurance policy “delivered or issued” in Florida and providing “comprehensive coverage or combined
        additional coverage shall not be applicable to the damage to the windshield of any motor vehicle
        covered under such policy.”13 Therefore, a consumer who owes money on a motor vehicle often
        qualifies for motor vehicle glass repair or replacement without paying a deductible out of pocket. 14

        Effect of the Bill – Windshield Deductibles

        The bill allows an insurer, when issuing or renewing a policy providing comprehensive coverage or
        combined additional coverage, to offer an insured or applicant a deductible of $250 for claims of
        damage to the windshield of a motor vehicle. The insured or applicant may decline the offer of the
        deductible. The bill also establishes that, if a deductible for comprehensive coverage or combined
        additional coverage is applied to a loss that includes other damage in addition to windshield damage,
        no windshield damage deductible may apply.

        Assignment of Post-loss Motor Vehicle Glass Benefits

        Motor Vehicle Glass Replacement and Repair

        Florida law has no specific requirements applicable to insurance claims made for damaged motor
        vehicle glass.15 Instead, these claims are handled according to the terms of a consumer’s motor vehicle
        insurance policy.16 Some Florida motor vehicle insurers have set up a network of motor vehicle glass
        repair shops that will provide motor vehicle glass repair or replacement at negotiated rates. 17 If a
        consumer utilizes one of these network shops, the consumer’s motor vehicle glass is repaired or
        replaced and paid for directly by the insurance company.18 If an insured uses an motor vehicle glass
        repair shop that is not within the insurer’s network, the provider often obtains an assignment of benefits
        from the consumer.19

        An assignment of benefits (AOB) is a binding agreement between an insured and a provider of repair
        services that allows a third-party, in this instance a motor vehicle glass repair shop, to “stand in the
        shoes” of the insured to obtain the benefits the insured is entitled to under the motor vehicle insurance
        contract, including payment of the claim. The glass repair shop to which the insured has assigned
        benefits can negotiate directly with, or file a lawsuit in the name of the insured against, the insurer if the
        insurer and the glass repair company do not agree on the amount that the insurer will pay for the motor
        vehicle glass claim.




13 Combined additional coverage    is an obsolete auto physical damage term that still appears in the Florida Insurance
Code. It refers to hazards other than fire or theft. IRMI, combined additional coverage,
https://www.irmi.com/term/insurance-definitions/combined-additional-coverage (last visited Mar. 11, 2023).
14 Department of Financial Services, supra note 6.
15 Dale Parker and Brendan McKay, Florida Auto Glass Claims: A Crack ed System, Trial Advocate Quarterly Fall 2016,

*21 (Westlaw Citation: 35 No. 4 Trial Advoc. Q. 20).
16 Id.
17 Id.
18 See id.
19 See id.
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        Motor Vehicle Glass Litigation

        According to data provided by the Department of Financial Services, the number of motor vehicle
        glass lawsuits has increased significantly in the past decade:20


                                     Year         2011       2012        2021      2022

                                 Number of
                                  Lawsuits         478       1,389      24,080    33,196


        Florida law allows the insured or the assignee to obtain attorney fees from the insurer if the insured or
        assignee obtains a judgment against an insurer in a lawsuit regarding an motor vehicle insurance
        claim.21 However, this operates in one direction. An insurer that prevails in a lawsuit against an insured
        or assignee is not permitted to recover attorney fees.22 The purpose is to “discourage contesting of
        valid claims of insureds against insurance companies . . . and to reimburse successful insureds
        reasonably for their outlays for attorney's fees when they are compelled to defend or to sue to enforce
        their contracts. . . .”23

        Some insurers have asserted that the increase in litigation is the result of the practice by some motor
        vehicle glass repair shops to execute AOBs, sue for unpaid claims, and collect attorney fees under s.
        627.428, F.S.24 They have also alleged that some motor vehicle glass repair shops obtain AOBs from
        the insured and inflate the costs of the motor vehicle glass repair or replacement when billing insurance
        companies.25 Insurers also believe that some motor vehicle glass claims submitted by assignees are
        fraudulent.26 If they believe claims are fraudulent or inflated, insurers are left with a choice between
        paying those claims or paying attorneys to litigate cases that may result in payment of attorney’s fees to
        assignees if the insurers do not prevail regardless of the amount of increased benefit payment
        awarded.

        Some motor vehicle glass repair shops have argued that litigation is necessary because motor vehicle
        insurers have entered into agreements with preferred vendors (i.e., the network shops) and the insurers
        will not pay the “prevailing competitive price” for motor vehicle glass repair or replacement. 27 These
        repair shops contend that the insurers will only pay them the price that they pay to their preferred
        vendors and that they must litigate against the insurers to force them to pay the “prevailing competitive
        price” provided for by insurance policies.28

        Effect of the Bill – Assignment of Post-loss Motor Vehicle Glass Benefits


20 Data provided    by the Department of Financial Services to the Senate Committee on Banking and Insurance on January
22, 2019 (Senate Meeting Packet), http://flsenate.gov/PublishedContent/ Committees/2018 -
2020/BI/MeetingRecords/MeetingPacket_4350.pdf (last visited Mar. 11, 2023) and data provided in Florida Department of
Financial Services, Agency Analysis of 2023 Senate Bill 1002, p. 1 (Feb. 27, 2023) (Senate Bill 1002 is the companion bill
to PCS for HB 541).
21 S. 627.428, F.S.; The Florida Supreme Court has recognized the right of assignees to obtain attorney fees under s.

627.428, F.S., (and its predecessor statute) since at least 1972. See All Ways Reliable Building Maintenance, Inc. v.
Moore, 261 So. 2d 131 (Fla. 1972). The First District Court of Appeal has recognized the right since at least 1961. See
Travelers Insurance Co. v. Tallahassee Bank and Trust Co., 133 So. 2d 463 (Fla. 1st DCA 1961). However, in
December 2022, the Legislature prohibited the use of AOBs for property insurance claims, and the recovery of attorney
fees for litigation regarding property insurance claims.
22 In certain circumstances, insurers can recovery attorney fees by using offers of judgment and proposals for settlement.

See s. 768.79, F.S., and Fla. R. Civ. P. 1.442.
23 Wilder v. Wright, 269 So. 2d 434, 436 (Fla. 2d DCA 1972).
24 See Park er and McKay, supra note 10.
25 Id.
26 See, e.g., Government Employees Insurance Co. v. Clear Vision Windshield Repair, L.L.C., 2017 WL 1196438 (M.D.

Fla. Mar. 29, 2017).
27 VIP Auto Glass, Inc. v. Geico General Insurance Co., 2017 WL 3712918, *1 (M.D. Fla. Mar. 17, 2017).
28 Id.
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       The bill prohibits a policyholder, or another person, from signing an AOB for motor vehicle glass
       replacement or repair, including, but not limited to, calibration or recalibration of an ADAS, under an
       motor vehicle insurance policy issued or renewed on or after July 1, 2023. The bill also provides a
       definition of an AOB for motor vehicle glass replacement or repair, which includes inspecting,
       protecting, repairing, restoring, or replacing the glass, or calibrating or recalibrating an ADAS.

   B. SECTION DIRECTORY:

       Section 1. Amends s. 559.903, F.S, relating to definitions.

       Section 2. Amends s. 559.920, F.S., relating to unlawful acts and practices.

       Section 3. Amends s. 627.7288, F.S., relating to comprehensive coverage; deductible not to apply to
                  motor vehicle glass.

       Section 4. Creates s. 627.7289, F.S., relating to assignment of post-loss motor vehicle glass benefits
                  prohibited.

       Section 5. Provides an effective date of July 1, 2023.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Indeterminate. Motor vehicle repair shops may claim their business is negatively affected by the
       inability to provide incentives to consumers. However, given the number motor vehicle glass lawsuits
       over the past several years, and the reports of individuals receiving incentives to submit motor vehicle
       glass claims to their motor vehicle insurers, it is possible that eliminating incentives provided by motor
       vehicle repair shops for these claims would reduce the number of disputed motor vehicle glass claims,
       and thereby reduce the number of motor vehicle glass lawsuits. Additionally, the elimination of AOBs
       for motor vehicle glass claims, will likely reduce the number of motor vehicle glass lawsuits.

       The reduction in the number of motor vehicle glass lawsuits may have a positive impact on motor
       vehicle insurance premiums, particularly the portion of the rate that pertains to comprehensive
       coverage. Policyholders’ election of deductibles for windshield glass may also reduce their motor
       vehicle insurance premiums.

   D. FISCAL COMMENTS:

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       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

         Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

         None.

   B. RULE-MAKING AUTHORITY:

       Not applicable.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 14, 2023, the Insurance & Banking Subcommittee considered a proposed committee substitute
   for the bill, and reported the bill favorably as a committee substitute. The proposed committee substitute
   made the following changes to the bill:
         Provides that a motor vehicle repair shop may not offer a customer a rebate, gift, gift card, cash,
           coupon, or other thing of value in exchange for making an insurance claim for motor vehicle glass
           replacement or repair, including calibration or recalibration of an ADAS.
         Prohibits an employee of a motor vehicle repair shop or a nonemployee, who is compensated by a
           motor vehicle repair shop for the solicitation of claims, from offering such an inducement.
         Establishes that it is a violation of law for a motor vehicle repair shop, or an employee of such shop,
           to fail to provide electronic or written notice to a customer whether the calibration or recalibration of
           an ADAS is required as part of the replacement or repair of motor vehicle glass to make the ADAS
           operable and ensure that the service meets or exceeds the specifications of the vehicle
           manufacturer.
         Defines ADAS for its use in the Repair Act. According to the bill, ADAS means any motor vehicle
           electronic safety system associated with motor vehicle glass and designed to support the driver and
           motor vehicle in a manner intended to:
                 o Increase motor vehicle safety; and
                 o Reduce losses associated with motor vehicle crashes.
         Allows an insurer, when issuing or renewing a policy providing comprehensive coverage or
           combined additional coverage, to offer an insured or applicant a deductible of $250 for claims of
           damage to the windshield of a motor vehicle. The insured or applicant may decline the offer of the
           deductible.
         Establishes that, if a deductible for comprehensive coverage or combined additional coverage is
           applied to a loss that includes other damage in addition to windshield damage, no windshield
           damage deductible may apply.
         Clarifies the definition of an AOB for a motor vehicle glass claim to include calibrating or
           recalibrating an ADAS.
         Applies the prohibition on AOBs only to motor vehicle glass claims, rather than motor vehicle
           insurance, generally.

   The analysis is drafted to the committee substitute as passed by the Insurance & Banking Subcommittee.



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           CS/HB 541                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to motor vehicle glass; amending s.
    3              559.903, F.S.; defining the term "advanced driver
    4              assistance system"; revising the definition of the
    5              term "motor vehicle repair"; amending s. 559.920,
    6              F.S.; prohibiting motor vehicle repair shops or their
    7              employees from offering anything of value to a
    8              customer in exchange for making an insurance claim for
    9              motor vehicle glass replacement or repair, including
10                 offers made through certain persons; specifying that
11                 the failure to provide certain electronic or written
12                 notice relating to calibrating or recalibrating an
13                 advanced driver assistance system is unlawful;
14                 amending s. 627.7288, F.S.; authorizing an optional
15                 deductible for windshield; specifying deductible
16                 amount; limiting deductible application; creating s.
17                 627.7289, F.S.; prohibiting persons from entering into
18                 assignment agreements of post-loss benefits for motor
19                 vehicle glass replacement or repair on or after a
20                 specified date; providing that such assignment
21                 agreements are void and unenforceable; defining the
22                 term "assignment agreement"; providing an effective
23                 date.
24
25         Be It Enacted by the Legislature of the State of Florida:

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        CS/HB 541                                                                                            2023




26
27              Section 1.         Present subsections (1) through (5), (6), and
28      (7) of section 559.903, Florida Statutes, are redesignated as
29      subsections (2) through (6), (8), and (9), respectively, a new
30      subsection (1) is added to that section, and present subsection
31      (8) of that section is amended, to read:
32              559.903        Definitions.—As used in this act:
33              (1)         "Advanced driver assistance system" means any motor
34      vehicle electronic safety system that is associated with motor
35      vehicle glass and is designed to support the driver and motor
36      vehicle in a manner intended to increase motor vehicle safety
37      and reduce losses associated with motor vehicle crashes.
38              (7)(8)        "Motor vehicle repair" means all maintenance of and
39      modifications and repairs to motor vehicles, and diagnostic work
40      incident thereto, including, but not limited to, the rebuilding
41      or restoring of rebuilt vehicles, body work, painting, warranty
42      work, calibration or recalibration of advanced driver assistance
43      systems, and other work customarily undertaken by motor vehicle
44      repair shops.
45              Section 2.         Section 559.920, Florida Statutes, is amended
46      to read:
47              559.920        Unlawful acts and practices.—It is shall be a
48      violation of this act for any motor vehicle repair shop or
49      employee thereof to do any of the following:
50              (1)         Engage or attempt to engage in repair work for

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        CS/HB 541                                                                                            2023




51      compensation of any type without first being registered with or
52      having submitted an affidavit of exemption to the department .;
53              (2)         Make or charge for repairs that which have not been
54      expressly or impliedly authorized by the customer.;
55              (3)         Misrepresent that repairs have been made to a motor
56      vehicle.;
57              (4)         Misrepresent that certain parts and repairs are
58      necessary to repair a vehicle.;
59              (5)         Misrepresent that the vehicle being inspected or
60      diagnosed is in a dangerous condition or that the customer's
61      continued use of the vehicle may be harmful or cause great
62      damage to the vehicle.;
63              (6)         Fraudulently alter any customer contract, estimate,
64      invoice, or other document.;
65              (7)         Fraudulently misuse any customer's credit card .;
66              (8)         Make or authorize in any manner or by any means
67      whatever any written or oral statement that which is untrue,
68      deceptive, or misleading, and that which is known, or that which
69      by the exercise of reasonable care should be known, to be
70      untrue, deceptive, or misleading.;
71              (9)         Make false promises of a character likely to
72      influence, persuade, or induce a customer to authorize the
73      repair, service, or maintenance of a motor vehicle.;
74              (10)        Substitute used, rebuilt, salvaged, or straightened
75      parts for new replacement parts without notice to the motor

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         CS/HB 541                                                                                            2023




 76      vehicle owner and to her or his insurer if the cost of repair is
 77      to be paid pursuant to an insurance policy and the identity of
 78      the insurer or its claims adjuster is disclosed to the motor
 79      vehicle repair shop.;
 80              (11)        Cause or allow a customer to sign any work order that
 81      does not state the repairs requested by the customer or the
 82      automobile's odometer reading at the time of repair .;
 83              (12)        Fail or refuse to give to a customer a copy of any
 84      document requiring the customer's signature upon completion or
 85      cancellation of the repair work.;
 86              (13)        Willfully depart from or disregard accepted practices
 87      and professional standards.;
 88              (14)        Have repair work subcontracted without the knowledge
 89      or consent of the customer unless the motor vehicle repair shop
 90      or employee thereof demonstrates that the customer could not
 91      reasonably have been notified.;
 92              (15)        Conduct the business of motor vehicle repair in a
 93      location other than that stated on the registration
 94      certificate.;
 95              (16)        Rebuild or restore a rebuilt vehicle without the
 96      knowledge of the owner in such a manner that it does not conform
 97      to the original vehicle manufacturer's established repair
 98      procedures or specifications and allowable tolerances for the
 99      particular model and year.; or
100              (17)        Offer to a customer a rebate, gift, gift card, cash,

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         CS/HB 541                                                                                            2023




101      coupon, or any other thing of value in exchange for making an
102      insurance claim for motor vehicle glass replacement or repair,
103      including, but not limited to, calibration or recalibration of
104      an advanced driver assistance system. A nonemployee who is
105      compensated for the solicitation of insurance claims is also
106      prohibited from making such offer.
107              (18)        Fail to provide electronic notice or written notice
108      in at least 12-point type to the customer whether the
109      calibration or recalibration of the advanced driver assistance
110      system is required as part of the replacement or repair of motor
111      vehicle glass to make such system operable and to ensure such
112      service is performed in a manner that meets or exceed s the
113      vehicle manufacturer's specifications.
114              (20)        Perform any other act that is a violation of this
115      part or that constitutes fraud or misrepresentation.
116              (19)(18)           Violate any provision of s. 713.585.
117              Section 3.          Section 627.7288, Florida Statutes, is amended
118      to read:
119              627.7288           Comprehensive coverage; deductible not to apply
120      to motor vehicle windshield; exceptions glass.—
121              (1)         Except as otherwise provided in this section, the
122      deductible provisions of any policy of motor vehicle insurance,
123      delivered or issued in this state by an authorized insurer,
124      providing comprehensive coverage or combined additional coverage
125      shall not be applicable to damage to the windshield of any motor

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         CS/HB 541                                                                                            2023




126      vehicle covered under such policy.
127              (2)         An insurer may offer to an applicant or insured, upon
128      the issuance or renewal of a policy providing comprehensive
129      coverage or combined additional coverage, a deductible of $250
130      for claims of damage to the windshield of any motor vehicle
131      covered under such policy. The applicant or insured may decline
132      the offer of a deductible.
133              (3)         If a deductible for comprehensive coverage or combined
134      additional coverage is applied to a loss that includes damage in
135      addition to windshield damage, the windshield deductible under
136      this section may not apply.
137              Section 4.          Section 627.7289, Florida Statutes, is created
138      to read:
139              627.7289           Assignment of post-loss motor vehicle glass
140      benefits prohibited.—
141              (1)         A policyholder or any other person may not enter into
142      an assignment agreement of post-loss benefits for motor vehicle
143      glass replacement or repair, including, but not limited to, for
144      calibration or recalibration of advanced driver assistance
145      systems as defined in s. 559.903, under a policy of motor
146      vehicle insurance issued or renewed in this state by an
147      authorized insurer on or after July 1, 2023. Any such assignment
148      agreement entered into in violation of this subsection is void
149      and unenforceable.
150              (2)         As used in this section, the term "assignment

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         CS/HB 541                                                                                            2023




151      agreement" means any instrument, regardless of how such
152      agreement is named or styled, by which post-loss benefits,
153      including, but not limited to, claim payments, under a motor
154      vehicle insurance policy are, in whole or in part, assigned or
155      transferred to, or acquired in any manner by, a person providing
156      services for motor vehicle glass replacement or repair,
157      including, but not limited to, inspecting, protecting,
158      repairing, restoring, or replacing the motor vehicle glass or
159      calibrating or recalibrating advanced driver assistance systems.
160              Section 5.         This act shall take effect July 1, 2023.




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                                 COMMERCE COMMITTEE

                                CS/HB 541 by Rep. Griffitts
                              Relating to Motor Vehicle Glass

                                  AMENDMENT SUMMARY
                                      April 10, 2023

Amendment 1 by Rep. Griffitts (Line 159): The amendment:
   •   Prohibits the steering of motor vehicle windshield glass repair claims.
   •   Requires insurers, agents, and adjusters to provide at least two names of motor vehicle
       glass shops to claimants, if they provide any names.
   •   Permits the explanation of a claimant’s motor vehicle comprehensive coverage benefits
       to the claimant.
   •   Requires insurers to offer discounts if a policy contains a managed repair arrangement.
   •   Specifies that the bill does not create a private cause of action.
   •   Applies only to personal lines motor vehicle insurance policies.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 541   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Griffitts offered the following:
 3
 4          Amendment (with title amendment)
 5          Between lines 159 and 160, insert:
 6          Section 5.   Section 627.7290, Florida Statutes, is created
 7     to read:
 8          Section 627.7290    Motor vehicle windshield claims and
 9     practices; steering prohibited; exceptions.—
10          (1)    No person, including an insurer, agent, adjuster, or
11     any person or entity acting on the insurer’s, agent’s, or
12     adjuster's behalf, may require a claimant to use a particular
13     company or location for the provision of motor vehicle
14     windshield glass replacement, repair, or calibration services or
15     windshield glass products which are subject to a claim for


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                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 541   (2023)
       Amendment No. 1


16     replacement, repair, or calibration, in whole or in part, under
17     the terms of a personal lines automobile insurance policy.
18          (2)   An insurer, agent, adjuster, or any person or entity
19     acting on the insurer’s, agent’s, or adjuster's behalf:
20          (a)   Must provide a claimant with two or more names of
21     motor vehicle windshield repair shops, if it chooses to provide
22     names of such repair shops.
23          (b)   May provide an explanation of motor vehicle
24     comprehensive coverage benefits and any applicable limit of
25     liability to a claimant.
26          (3)   An insurer, or any person or entity acting on the
27     insurer’s behalf must provide an actuarially sound discount to
28     the insured if they offer, and an insured accepts, a policy that
29     contains a managed repair arrangement for the provision of
30     windshield glass replacement, repair, or calibration services or
31     windshield glass products.
32          (4) Nothing in this section shall be construed to create a
33     private cause of action.
34
35     This section applies to motor vehicle windshield glass claims
36     under the comprehensive or combined additional coverage
37     provisions of a personal lines motor vehicle insurance policy.
38
39
40           -----------------------------------------------------
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                                     Page 2 of 3
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 541   (2023)
       Amendment No. 1


41                       T I T L E    A M E N D M E N T
42          Remove line 22 and insert:
43     term "assignment agreement"; creates s. 627.7290, F.S.;
44     prohibiting insurers, agents, and adjusters from requiring a
45     claimant to use a specific motor vehicle repair shop for
46     windshield glass replacement; requiring insurance premium
47     discount under certain circumstances; requiring insurers to
48     provide claimants with certain information; prohibiting a
49     private cause of action; providing for application of statutory
50     provisions; providing an effective




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                                    Page 3 of 3
HB 599
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 599 Debt Management Services
SPONSOR(S): Garcia
TIED BILLS:       IDEN./SIM. BILLS: SB 628

    REFERENCE                                                 ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                       BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                       16 Y, 0 N            Fletcher            Lloyd
    2) Commerce Committee                                                          Fletcher            Hamon


                                                     SUMMARY ANALYSIS

Debt management services laws regulate the fees credit counseling organizations may charge debtors for debt
management services and credit counseling services. Debt management services include effectuating an
adjustment, compromise, or discharge of indebtedness, and advising debtors on debt reduction and general
money management practices.

There are two types of organization that provide debt management services: non-profit, 501(c)(3) credit
counseling agencies and debt settlement companies, typically for-profit organizations. Nonprofit credit
counseling agencies work with debtors’ creditors, educate debtors about credit practices, and enroll qualifying
debtors in debt management plans tailored to their specific situation and budget.

The Legislature created laws in 2004 limiting the amount and types of fees credit counseling agencies may
charge debtors for debt management services. Since 2004, however, Florida’s limitation on fees for debt
management services has not been increased.

The bill revises the fee chargeable to a debtor for receiving from the debtor, and subsequently disbursing to a
creditor, money or anything of value from greater of 7.5 percent of the monthly payment or $35 monthly to the
lesser of 15 percent of the monthly payment or $75 monthly.

This bill will not have a fiscal impact on state and local governments but will have both positive and negative
fiscal impacts on the private sector.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/6/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Credit Counseling Organizations

    Debtors seeking to manage and reduce their debts often engage credit counseling organizations
    who provide debt management services and credit counseling services.1 Non-profit credit
    counseling agencies assist debtors with managing and reducing their debt by offering free
    counseling on credit practices, enrolling qualifying debtors in debt management plans, and
    providing community education to individuals and families on money management skills. 2

    Floridians are among the many individuals who could benefit from non-profit credit counseling
    organizations. According to Experian, the average Floridian carried $84,926 in debt in 2021. 3 The
    majority consisted of mortgages which averaged $208,536. 4 Credit card debt, student loans, and
    auto loans accounted for the other main sources, with a state average of $5,620, $40,866, and
    $10,110, respectively.5 In 2022, the average Floridian carried $89,195 in debt, a 5% increase
    from 2021.6

    Debt Management Services

    Debt management services is defined by Florida statute as services provided for a fee to “effect the
    adjustment, compromise, or discharge of any unsecured note, account, or other indebtedness of the
    debtor; or receive from the debtor and disburse to a creditor any money or other item of value.” 7

    Credit counseling agencies and creditors classify individuals who find it particularly difficult to manage their
    debt, whether due to their health or specific situation, as “vulnerable.”8 If an agency or creditor is aware an
    individual is vulnerable, taking extra measures to ensure the individual receives the same services as
    others, while not being placed at a disadvantage because of their unique situation, is imperative.9

    Florida’s Limitations on Fees for Debt Management Services

    In 2004, the Legislature recognized the importance of easy access to debt management services, while
    also acknowledging the vulnerability of debtors, by prescribing the maximum fees a person or entity could
    charge a debtor for debt management services.10




1  Consumer Financial Protection Bureau, What is credit counseling?, https://www.consumerfinance.gov/ask-cfpb/what -
iscredit-counseling-en-1451/ (last visited Mar. 10, 2023)
2 Financial Counseling Association of America, https://fcaa.org/ (last visited Mar. 10, 2023)
3 Experian, Average Consumer Debt Levels Increase in 2022,

https://www.experian.com/blogs/askexperian/researc h/consumer-debt-study/ (last visited Mar. 7, 2023).
4 Id.
5 Id.
6 Id.
7 S. 817.801(4), F.S.
8 Step Change: Debt Charity, Dealing with the debts of a vulnerable person, https://www.stepchange.org/debtinfo/dealing -

with-the-debts-of-vulnerable-people.aspx (last visited Mar. 10, 2023).
9 Id.
10 Chapter 2004-351, Laws of Florida, created s. 817.802, F.S.
STORAGE NAME: h0599c.COM                                                                                          PAGE: 2
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     Specifically, the 2004 legislation made it unlawful for any entity or individual engaging in debt
     management services or credit counseling services, to charge a debtor:
         a fee greater than $50 for an initial consultation;11 and
         a fee greater than $120 per year for additional consultations or, alternatively, in the case of
             receiving debt payments from the debtor and disbursing to a creditor any money or other item of
             value, the greater of 7.5% of the amount paid monthly by the debtor or $35 per month. 12

     No state agency directly regulates credit counseling organizations. Regulation is self-executing by means
     of private civil actions under part II of ch. 501, including possible action by the Attorney General or local
     prosecutors.13 Any person in violation of the debt services statute “commits an unfair or deceptive trade
     practice.”14 A violation results in criminal and civil penalties. Namely, a violation is a third-degree felony,
     and an individual injured by a violation can bring an action for damages, where judgement is entered for
     actual damages no less than the amount paid by the aggrieved individual to the credit counseling
     organization.15

     Although a 2006 amendment narrowed the scope of debtors protected to those debtors specifically residing
     in the State of Florida,16 the limitation on fees for debt management services has not been increased since
     its enactment in 2004.

     Effect of the Bill

     The bill changes the fee a person or entity may charge for the debt management services described in s.
     817.802(4)(b) (namely, receiving from the debtor and disbursing to a creditor any money or item of value)
     to the lesser of 15 percent of the amount paid monthly by the debtor or $75 per month, rather than the
     greater of 7.5 percent of the amount paid or $35 per month. The following table illustrates the current and
     proposed fees.

                                        Current                                  HB 599
                                Greater of                               Lesser of
                                                  Monthly                                     Monthly           Result of
         Monthly           7.5% of                                  15% of
                                         $35         Fee                           $75           Fee           Current vs.
         Payment           monthly                                  monthly
                                                  Allowed                                     Allowed            HB 599
            $100      $       7.50    $ 35.00     $ 35.00         $ 15.00       $ 75.00      $ 15.00            Reduction
            $500      $ 37.50         $ 35.00     $ 37.50         $ 75.00       $ 75.00      $ 75.00            Increase
          $1,000      $ 75.00         $ 35.00     $ 75.00         $ 150.00      $ 75.00      $ 75.00           No Change
          $1,500      $ 112.50        $ 35.00     $ 112.50        $ 225.00      $ 75.00      $ 75.00            Reduction

     B. SECTION DIRECTORY:

          Section 1. Amends s. 817.802(1), F.S., relating to unlawful fees and costs.

          Section 2. Provides an effective date of July 1, 2023.




11 S. 817/802(1),   F.S.
12 Id.
13 Ch. 501, part II, F.S., relating to the protection of consumers from unfair trade practices, and remedies   for violations
thereof, similar to federal policies relating to consumer protection.
14 S. 817.806, F.S.
15 S. 17.806, F.S.
16 Chapter 2006-136, Laws of Florida, amended s. 817.802, F.S.
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DATE: 4/6/2023
                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

    1. Revenues:

        None.

    2. Expenditures:

        None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

    1. Revenues:

        None.

    2. Expenditures:

        None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        Credit counseling organizations and debtors residing in Florida would experience fiscal impact
        from this bill. Specifically, the change in fees to the greater of 15% of the amount paid monthly
        by the debtor and $75 would likely result in an increase in some revenue for credit counseling
        organizations. On the other hand, the increase in the maximum chargeable amount might have
        a negative, possibly significant, fiscal impact on debtors residing in Florida. 17 Please see
        Section III.C., Drafting Issues or Other Comments, below.

    D. FISCAL COMMENTS:

        The bill would increase some revenues for credit counseling organizations, but the bill would have a
        negative fiscal impact on debtors residing in Florida.

                                                          III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

    1. Applicability of Municipality/County Mandates Provision:

        Not applicable. This bill does not appear to affect county or municipal governments.

    2. Other:

        None.

    B. RULE-MAKING AUTHORITY

        This bill does not appear to amend or create rulemaking authority.




17 Florida Office of Financial Regulations,   Agency Analysis of 2023 House Bill 599, p. 3 (Mar. 3, 2023).
STORAGE NAME: h0599c.COM                                                                                     PAGE: 4
DATE: 4/6/2023
   C. DRAFTING ISSUES OR OTHER COMMENTS:

       Current law and the bill provide for a specified monthly fee allowed to debt management
       services providers. However, correspondence received from Cambridge Credit indicates that
       they charge less than the allowed fee. If the bill were to provide for a fee “up to” the lesser of
       15 percent of the monthly amount or $75, then the debt management service providers would
       be specifically authorized to charge less than a maximum allowed fee. The providers would
       then have the option to operate within a range of allowed monthly fees, subject to a statutory
       cap.18 This could also mitigate the possible direct fiscal impacts on the private sector (i.e.,
       debtors receiving debt management services). An amendment is expected to address this issue.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




18 Email from Martin Lynch, President, Cambridge   Credit, Re: HB 599, regarding fee practices (Mar. 10, 2023)
STORAGE NAME: h0599c.COM                                                                                         PAGE: 5
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F   L     O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 599                                                                                                2023




    1                                          A bill to be entitled
    2               An act relating to debt management services; amending
    3               s. 817.802, F.S.; increasing the maximum fee that may
    4               be charged for debt management services; providing an
    5               effective date.
    6
    7      Be It Enacted by the Legislature of the State of Florida:
    8
    9               Section 1.         Subsection (1) of section 817.802, Florida
10         Statutes, is amended to read:
11                  817.802        Unlawful fees and costs.—
12                  (1)         It is unlawful for any person, while engaging in debt
13         management services or credit counseling services, to charge or
14         accept from a debtor residing in this state, directly or
15         indirectly, a fee or contribution greater than $50 for the
16         initial setup or initial consultation. Subsequently, the person
17         may not charge or accept a fee or contribution from a debtor
18         residing in this state greater than $120 per year for additional
19         consultations or, alternatively, if debt management services as
20         defined in s. 817.801(4)(b) are provided, the person may charge
21         the lesser greater of 15 7.5 percent of the amount paid monthly
22         by the debtor to the person or $75 $35 per month.
23                  Section 2.         This act shall take effect July 1, 2023.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0599-00
                            COMMERCE COMMITTEE

                              HB 599 by Rep. Garcia
                      Relating to Debt Management Services

                             AMENDMENT SUMMARY
                                 April 7, 2023

Amendment 1 by Rep. Garcia (Line 21): The amendment authorizes debt management
service providers to charge less than a maximum allowed fee.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 599   (2023)
      Amendment No. 1




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                      (Y/N)
      ADOPTED AS AMENDED           (Y/N)
      ADOPTED W/O OBJECTION        (Y/N)
      FAILED TO ADOPT              (Y/N)
      WITHDRAWN                    (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:      Commerce Committee
2     Representative Garcia offered the following:
3
4          Amendment
5          Remove line 21 and insert:
6     up to the lesser greater of 15 7.5 percent of the amount paid
7     monthly




    328599 - h0599-line 21.docx
     Published On: 4/7/2023 7:16:47 PM
                                  Page 1 of 1
HB 607
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 607 Money Services Businesses
SPONSOR(S): Steele
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                         18 Y, 0 N               Sellas             Lloyd

    2) State Administration & Technology                        14 Y, 0 N               Perez              Topp
       Appropriations Subcommittee

    3) Commerce Committee                                                               Sellas             Hamon


                                                     SUMMARY ANALYSIS
The Office of Financial Regulation (OFR) licenses and regulates various aspects of the non -depository financial
services industries, including money services businesses (MSBs) regulated under ch. 560, F.S. MSB applicants
must submit fingerprints to the Florida Department of Law Enforcement (FDLE) for a state criminal history
background check, and the fingerprints must be submitted to the Federal Bureau of Investigation (FBI) for a federal
criminal history background check. OFR must review the results of the state and federal criminal history background
checks and determine whether the applicant meets licensure requirements.

Access to the FBI’s criminal history record information (CHRI) system is authorized for fingerprints pursuant to
current law. However, in order to gain access to CHRI data for applicants to the recently created Financial
Technology Sandbox, FDLE sent correspondence to the FBI to obtain a new non-criminal justice Originating Agency
Identifier (ORI). ORI validates legal authorization to obtain criminal justice information and identifies the specific
agency requesting the information. The Financial Technology Sandbox derived its CHRI access from the preexisting
Money Services Businesses law, which as of 2021, authorized the Office to request fingerprints of each officer,
director, responsible person, the compliance officer, each controlling shareholder, and any other person who has a
controlling interest in an MSB.

FBI responded to the Financial Technology Sandbox ORI request by stating that the MSB licensing statute does not
qualify for access to CHRI data because the terms “responsible person” and “control of a money services business”,
as used in that statute to specify persons who are required to submit fingerprints, are overly broad and, thus, do not
sufficiently define the categories of people subject to the background check. To address this issue the Florida
Legislature passed Chapter 2022-135, Laws of Florida, which created the term “control person” to replace the use of
“officer” and “responsible person,” as well as various other terms. However, this new “control person” term was still
too broad for FBI approval, and thus OFR still lacks the ORI approval.

FBI acknowledged that MSB fingerprinting was previously approved, and that the FBI will continue to honor
fingerprints submitted for MSB licensure. However, FBI has placed MSB fingerprinting on a grace period of
unspecified length in order to allow Florida to amend MSB fingerprinting statutes such that the statutes specific ally
identify the categories of licensees or employees falling within the purview of the statutes; FBI will not allow
fingerprinting of additional categories of applicants (i.e., those applying under the Financial Technology Sandbox)
during this grace period.

The bill revises the term “control person” to create a more definite list of individuals who are subject to required
fingerprinting to better meet the requirements of federal law while also ensuring appropriate consumer protection.

The bill has no fiscal impact on the state, local governments, or the private sector.

The bill has an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0607d.COM
DATE: 4/6/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         The Office of Financial Regulation (OFR) regulates banks, credit unions, other financial institutions,
         finance companies, and the securities industry.1 The Division of Consumer Finance within OFR
         licenses and regulates various aspects of the non-depository financial services industries, including
         money services businesses (MSBs) regulated under ch. 560, F.S.

         An MSB is any person located in or doing business in this state, from this state, or into this state from
         locations outside this state or country who acts as the following: 2
              Payment instrument seller: A payment instrument seller sells, issues, provides, or delivers
                 payment instruments.3
              Foreign currency exchanger: A foreign currency exchanger exchanges, for compensation,
                 currency4 of the United States or a foreign government to currency of another government.5
              Check casher: A check casher sells, issues, provides, or delivers currency6 in exchange for
                 payment instruments 7 received, except travelers checks.8
              Money transmitter: A money transmitter receives currency,9 monetary value,10 or payment
                 instruments 11 for the purpose of transmitting the same by any means, including transmission by
                 wire, facsimile, electronic transfer, courier, the Internet, or through bill payment services or other
                 businesses that facilitate such transfer within this country, or to or from this country.12

         An MSB may engage in deferred presentment transactions, commonly known as “payday loans”, by
         filing a declaration of intent to engage in deferred presentment transactions with OFR. 13 A money
         transmitter or payment instrument seller may engage in the activities authorized for check cashers and
         foreign currency exchangers without paying additional licensing fees. 14 State and federally chartered
         depository institutions, such as banks and credit unions, are exempt from licensure as an MSB. 15




1 S. 20.121(3)(a)2.,   F.S.
2 S. 560.103(23),    F.S.
3 S. 560.103(30) and (34), F.S. The term “payment instrument” means a check, draft, warrant, money order, travelers

check, electronic instrument, or other instrument, payment of money, or monetary value whether or not negotiable. The
term does not include an instrument that is redeemable by the issuer in merchandise or service, a credit card voucher, or
a letter of credit. S. 560.103(29), F.S.
4 The term “currency” means the coin and paper money of the United States or of any other country which is designated

as legal tender and which circulates and is customarily used and accepted as a medium of exchange in the country of
issuance. Currency includes United States silver certificates, United States notes, and F ederal Reserve notes. Currency
also includes official foreign bank notes that are customarily used and accepted as a medium of exchange in a foreign
country. S. 560.103(12), F.S.
5 S. 560.103(18), F.S.
6 Definition of “currency”, supra note 4.
7 Definition of “payment instrument”, supra note 3.
8 S. 560.103(6) and (34), F.S.
9 Definition of “currency”, supra note 4.
10 The term “monetary value” means a medium of exchange, whether or not redeemable in currency. S. 560.103(2 2), F.S.
11 Definition of “payment instrument”, supra note 3.
12 S. 560.103(24), F.S.
13 S. 560.403, F.S.
14 S. 560.204(2), F.S.
15 S. 560.104, F.S.
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        An applicant for an MSB license must submit the following to OFR:
             An application;16
             A nonrefundable application fee;17
             A copy of the applicant’s written anti-money laundering program required by federal law;18 and
             Fingerprints for the following individuals:19
                   o 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.20
                   o A person who holds any of the officer positions named in the money services business’s
                        governing documents.21
                   o 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. 22
                   o A director of the money services business’s board of directors.23
                   o A person who directs the affairs of a money services business or who participates in, or
                        has authority to participate in, the major policy making functions of a money services
                        business, regardless of whether the person has an official title or receives a salary or
                        other compensation.24
                   o 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.25
                   o 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 partnership’s capital.26
                   o 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.27

        Fingerprints are not required if the applicant is a publicly traded corporation. 28

        If fingerprints are required, the fingerprints must be submitted for live-scan processing.29 Live-scan is a
        device that electronically takes fingerprints and other information and uploads that information to the
        Florida Department of Law Enforcement (FDLE) who, in turn, sends the fingerprints to the Federal
        Bureau of Investigation (FBI) for a fingerprint background check.30 The fingerprints may be submitted
        through a third-party vendor authorized by FDLE to provide live-scan fingerprinting.31 FDLE must
        conduct the state criminal history background check, and a federal criminal history background check
        must be conducted through the FBI.32




16 S. 560.141(1)(a),   F.S.
17 Ss. 560.141(1)(b)   and 560.143, F.S.
18 S. 560.141(d), F.S.
19 Ss. 560.141(c) and 560.127, F.S.
20 S. 560.103(10)(a), F.S.
21 S. 560.103(10)(b), F.S.
22 S. 560.103(10)(c), F.S.
23 S. 560.103(10)(d), F.S.
24 S. 560.103(10)(e), F.S.
25 S. 560.103(10)(f), F.S.
26 S. 560.103(10)(g), F.S
27 S. 560.103(10)(h), F.S
28 S. 560.141(1)(c)6., F.S.
29 S. 560.141(1)(c), F.S.
30 Florida Live Scan,

https://livescanflorida.com/#:~:text=LiveScan%20is%20a% 20device%20t hat,for% 20a%20fingerprint%20background%20c
heck. (last visited Feb. 27, 2023).
31 S. 560.141(1)(c)1., F.S.
32 S. 560.141(1)(c)2., F.S.
STORAGE NAME: h0607d.COM                                                                                     PAGE: 3
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        The costs of fingerprint processing, including the cost of retaining the fingerprints, must be borne by the
        person subject to the background check.33 OFR must review the results of the state and federal
        criminal history background checks and determine whether the applicant meets licensure
        requirements.34

        An MSB license must be renewed every two years.35

        Once licensed, an MSB is required to report any change in control persons.36 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.37 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 OFR as an MSB.38 A change of control application must be accompanied by the payment of an
        initial licensing fee39 and a fee per branch or authorized vendor 40, up to a maximum of $20,000.41

        As previously mentioned, when fingerprinting is required, the fingerprints must be submitted to FDLE
        for a state and federal criminal history background check. The federal background check is conducted
        through the FBI’s criminal history record information (CHRI) system. Federal law Pub. L. 92-544
        authorizes the exchange of CHRI data with officials of state and local governmental agencies for
        licensing and employment purposes.42 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.43 The FBI, with the assistance of the United States Department of Justice,
        has determined the parameters of Pub. L. 92-544.44 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.

        Access to the FBI’s CHRI data is authorized for fingerprints pursuant to ch. 560, F.S. However, in order
        to gain access to CHRI data for applicants to the recently created Financial Technology Sandbox under
        s. 559.952, F.S., created in the 2020 legislative session, 45 FDLE sent correspondence to the FBI’s


33 S. 560.141(1)(c)4.,  F.S.
34 S. 560.141(1)(c)5.,  F.S.
35 Ss. 560.141(2) and 560.142, F.S.
36 S. 560.126(3), F.S.
37 S. 560.126(3)(a), F.S.; r. 69v-560.201(4), F.A.C.
38 S. 560.126(3)(c), F.S.; r. 69v-560.201(6), F.A.C.
39 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 § 560.143(1)(a). Part III licenses require a $188 license
application fee per § 560.143(b).
40 Both the per branch fee and the authorized vendor fee are $38. § 560.143(1)(c); § 560.143(1)(d).
41 Ss. 560.126(3) and 560.143(1), F.S.
42 20 C.F.R. § 20.33.
43 Federal Bureau of Investigation, Testimony of Dennis Lormel Before the House Financial Services Committee (Mar. 06,

2001), https://archives.fbi.gov/archives/news/testimony/fbis-pers pective-on-criminal-history-record-information-checks-on-
individuals-conducting-insuranc e-business (last visited Feb. 27, 2023).
44 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).
45 Ch. 2020-161, Laws of Fla.
STORAGE NAME: h0607d.COM                                                                                             PAGE: 4
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         Criminal Justice Information Law Unit (CJILU) to obtain an Originating Agency Identifier (ORI). The ORI
         validates legal authorization to obtain 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.

         CJILU responded to this request stating that s. 560.141, F.S., does not qualify for access to CHRI data
         because the terms “responsible person” and “control of a money services business” as used in s.
         560.141, F.S., are overly broad and, thus, do not sufficiently define the categories of people subject to
         the background check.46 In 2022, the Legislature passed a bill to address this issue by creating the
         term “control person” to replace the use of “officer” and “responsible person” throughout ch. 560 F.S. 47
         This solution sought to address the concerns of CJILU by narrowing the scope of applicable parties.
         However, CJILU found that the revised statute was still too broad.

         The CJILU acknowledged that MSB fingerprinting was previously approved by the CJILU and that the
         FBI will continue to honor fingerprints submitted for MSB licensure. 48 However, the CJILU has placed
         MSB fingerprinting on a grace period of unspecified length in order to allow Florida to amend MSB
         fingerprinting statutes such that the statutes specifically identify the categories of licensees or
         employees falling within the purview of the statutes. CJILU will not allow fingerprinting of additional
         categories of applicants (i.e., those applying under the Financial Technology Sandbox) during this
         grace period.49

         Effect of the Bill

         The bill amends the term “control person” to identify the specific categories of licensees or employees
         falling within the purview of the statute.

         The bill requires the following MSB-related “control persons” to be fingerprinted for the background
         check:
             A person who holds any of the officer, manager, or managing member positions named in the
                 money services business’s governing documents.50
             A director of the money service’s business’s board of directors.
             A person with a 25% or greater transferable interest in a money services business that is either
                 a corporation or foreign corporation.51
             A person with a 25% or greater transferable interest in a money services business that is either
                 a limited partnership, limited liability limited partnership, foreign limited partnership, or foreign
                 limited liability limited partnership.52
             A person with a 25% or greater transferable interest in a money services business that is either
                 a limited liability company or a foreign limited liability company. 53

         The bill provides an effective date of July 1, 2023.

     B. SECTION DIRECTORY:
         Section 1. Amends s. 560.103, F.S., relating to definitions.
         Section 2. Provides an effective date of July 1, 2023.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT


46 Email from Heather R. Postlethwait, supra note 44.
47 Ch. 2022-135,   Laws of Fla.
48 Id.
49 Id.
50 Governing  documents is defined as including bylaws, articles of incorporation or organization, partnership agreements,
shareholder agreements, and management or operating agreements .
51 As defined in s. 607.01401, F.S.
52 As defined in s. 620.1102, F.S.
53 As defined in s. 605.0102, F.S.
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    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            None.

        2. Expenditures:
            The bill has minimal fiscal impact related to rulemaking and any cost would be absorbed within the
            Office of Financial Regulation’s current budget.54

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The bill has a minimal impact on vendors from a slight increase or decrease in the number of
        individuals subject to fingerprinting.55

    D. FISCAL COMMENTS:
        The bill has minimal fiscal impact on state government expenditures.


                                                  III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to affect county or municipal governments.

        2. Other:
          None.

    B. RULE-MAKING AUTHORITY:
        None provided by the bill.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




54 Email from Ash Mason, Legislative
                                  & Cabinet Affairs Director, Florida Office of Financial Regulation, RE: OFR
Questions (HB607 – Chapter 560 Fingerprint Bill) (Mar. 13,2023).
55 Id.
STORAGE NAME: h0607d.COM                                                                                        PAGE: 6
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           HB 607                                                                                                2023




    1                                          A bill to be entitled
    2               An act relating to money services businesses; amending
    3               s. 560.103, F.S.; revising the definition of the term
    4               "control person" for purposes of ch. 560, F.S.;
    5               defining the term "governing documents"; providing an
    6               effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.         Subsection (10) of section 560.103, Florida
11         Statutes, is amended to read:
12                  560.103        Definitions.—As used in this chapter, the term:
13                  (10)        "Control person" means any of the following:
14                  (a)         A person who holds the title of president, chief
15         executive officer, chief financial officer, chief operations
16         officer, chief legal officer, or compliance officer for a money
17         services business.
18                  (b)         A person who holds any of the officer, manager, or
19         managing member positions named in the money services business's
20         governing documents. As used in this paragraph, the term
21         "governing documents" includes bylaws, articles of incorporation
22         or organization, partnership agreements, shareholder agreements,
23         and management or operating agreements.
24                  (c)         A person who holds any position named by the money
25         services business's liability insurance coverage for directors

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        HB 607                                                                                                2023




26      and officers, if the business has such coverage.
27               (d)         A director of the money services business's board of
28      directors.
29               (e)         A person who directs the affairs of a money services
30      business or who participates in, or has authority to participate
31      in, the major policymaking functions of a money services
32      business, regardless of whether the person has an official title
33      or receives a salary or other compensation.
34               (d)(f)        For a money services business that is a corporation
35      or a foreign corporation, as those terms are defined in s.
36      607.01401, each person who is a 25 percent or greater interest
37      holder as that term is defined in s. 607.01401(44)(a) , all
38      shareholders that, directly or indirectly, own 25 percent or
39      more or that have the power to vote 25 percent or more of a
40      class of voting securities.
41               (e)(g)        For a money services business that is a limited
42      partnership, limited liability limited partnership, foreign
43      limited partnership, or foreign limited liability limited
44      partnership as those terms are defined in s. 620.1102, each
45      person who has a 25 percent or greater transferable interest as
46      that term is defined in s. 620.1102 all general partners, and
47      those limited or special partners that have contributed 25
48      percent or more or that have the right to receive upon
49      dissolution 25 percent or more of the partnership's capital.
50               (f)(h)        For a money services business that is a limited

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        HB 607                                                                                                2023




51      liability company or a foreign limited liability company, as
52      those terms are defined in s. 605.0102, each person who is a 25
53      percent or greater interest holder as that term is defined in s.
54      605.0102(31)(f), all managers, and those members that have
55      contributed 25 percent or more or that have the right to receive
56      upon dissolution 25 percent or more of the limited liability
57      company's capital.
58               Section 2.        This act shall take effect July 1, 2023.




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                                                                                                             hb0607-00
                               COMMERCE COMMITTEE

                                HB 607 by Rep. Steele
                              Money Services Businesses

                                AMENDMENT SUMMARY
                                    April 10, 2023


Amendment 1 by Rep. Steele (Lines 13): The amendment implements new feedback
received from the FBI to limit the breadth of the fingerprinting requirements applicable to
persons involved in money services businesses by more narrowly specifying the individuals who
must be fingerprinted. It also generally conforms to the Senate companion.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 607   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Steele offered the following:
 3
 4          Amendment
 5          Remove lines 13-57 and insert:
 6          (10)   "Control person" means, with respect to a money
 7     services business, any of the following:
 8          (a)    A person who holds the title of president, treasurer,
 9     chief executive officer, chief financial officer, chief
10     operations officer, chief legal officer, or compliance officer
11     for a money services business.
12          (b)    A person who holds any of the officer, general
13     partner, manager, or managing member positions named in the
14     money services business's governing documents. As used in this
15     paragraph, the term "governing documents" includes bylaws,
16     articles of incorporation or organization, partnership
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                                   Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 607   (2023)
       Amendment No. 1


17     agreements, shareholder agreements, and management or operating
18     agreements.
19          (c)     A person who holds any position named by the money
20     services business's liability insurance coverage for directors
21     and officers, if the business has such coverage.
22          (d)     A director of the money services business's board of
23     directors.
24          (e)     A person who directs the affairs of a money services
25     business or who participates in, or has authority to participate
26     in, the major policymaking functions of a money services
27     business, regardless of whether the person has an official title
28     or receives a salary or other compensation.
29          (d)(f)    A shareholder whose name shares are registered in
30     the records of a corporation for profit, whether incorporated
31     under the laws of this state or organized under the laws of any
32     other jurisdiction and existing in that legal form, who owns 25
33     percent or more of a class of the company's equity securities
34     For a money services business that is a corporation, all
35     shareholders that, directly or indirectly, own 25 percent or
36     more or that have the power to vote 25 percent or more of a
37     class of voting securities.
38          (e)(g)    A general partner or a limited partner, as those
39     terms are defined in s. 620.1102, who has a 25 percent or more
40     transferable interest, as defined in s. 620.1102, of a limited
41     partnership, limited liability limited partnership, foreign
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 607    (2023)
       Amendment No. 1


42     limited partnership, or foreign limited liability limited
43     partnership, as those terms are defined in s. 620.1102. For a
44     money services business that is a partnership, all general
45     partners, and those limited or special partners that have
46     contributed 25 percent or more or that have the right to receive
47     upon dissolution 25 percent or more of the partnership's
48     capital.
49          (f)(h)   A member, who is a person that owns a membership
50     interest in a limited liability company or a foreign limited
51     liability company, as those terms are defined in s. 605.0102(36)
52     and (26), respectively, that holds a 25 percent or more
53     membership interest in such companies. As used in this
54     subsection, the term "membership interest" means a member's
55     right to receive distributions or other rights, such as voting
56     rights or management rights, under the articles of organization
57     For a money services business that is a limited liability
58     company, all managers, and those members that have contributed
59     25 percent or more or that have the right to receive upon
60     dissolution 25 percent or more of the limited liability
61     company's capital.
62          (g)   A natural person who indirectly owns 25 percent or
63     more of the shares or stock interest, transferable interest as
64     defined in s. 620.1102, or membership interest as defined in
65     paragraph (f), of any legal entities referred to in paragraphs
66     (d)-(f).
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                                   Page 3 of 3
CS/HB 721
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     CS/HB 721 Paid Family Leave Insurance
SPONSOR(S): Insurance & Banking Subcommittee, Chaney and others
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 670

    REFERENCE                                          ACTION                   ANALYST            STAFF DIRECTOR or
                                                                                                   BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                16 Y, 0 N, As CS         Fletcher           Lloyd
    2) Appropriations Committee                        26 Y, 0 N                Helpling           Pridgeon
    3) Commerce Committee                                                       Fletcher           Hamon


                                                     SUMMARY ANALYSIS

Currently, life insurers in the state are authorized to transact health insurance, disability income insurance,
excess coverage for health maintenance organizations and multiple-employer welfare arrangements, but are
not expressly authorized to issue paid family leave insurance.

Family leave guarantees originated with the Family Medical Leave Act of 1993 (FMLA), requiring covered
employers to provide eligible employees job-protected leave for qualifying family and medical reasons.
Covered employers under FMLA include private-sector employers who employ 50 or more employees in 20 or
more workweeks during a calendar year, all public agencies, and all educational agencies. FMLA protects
leave for the birth or adoption of a child, the serious health condition of an employee, care for an employee’s
family member who has a serious health condition, and reasons related to a family member’s service in the
military.

The bill creates a regulatory structure for creation and sale of paid family leave insurance policies by life
insurers. Notably, the bill does not create a right to paid family leave benefits for employees not otherwise
eligible under FMLA. Rather, the bill gives their employers the option to offer, and authorizes life insurers to
transact, paid family leave insurance providing benefits covering certain lost wages.

The bill:
    revises the definition of “kinds of insurance” to include paid family leave insurance,
    defines “paid family leave insurance,”
    specifies requirements under which family leave insurance benefits may be provided,
    requires insurance policies to specify details and requirements for covered leave reasons,
    specifies requirements for polices relating to benefit periods and waiting periods,
    permits limitations, exclusions and reductions for eligibility, and
    authorizes the Financial Services Commission to adopt rules.

While the bill does not have a fiscal impact on local governments, the bill does have an indeterminate, but
likely positive, fiscal impact on state government. The bill has a positive and negative fiscal impact on the
private sector.

The bill will take effect upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                  FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Florida’s Insurance Industry

    The Florida Office of Insurance Regulation (OIR) regulates the insurance industry in the state. OIR is
    responsible for the regulation of all activities in the state concerning insurers and other risk bearing entities,
    including licensing, rates, policy forms, market conduct, claims, issuance of certificates of authority,
    solvency, viatical settlements, premium financing, and administrative supervision. 1

    OIR is housed within the Florida Department of Financial Services (DFS), and its funding is appropriated by
    the Legislature from the Insurance Regulatory Trust Fund (IRTF).2 The IRTF is funded by insurance
    company licensing fees, premium tax, surplus lines tax, and fines that may be levied for non-compliance
    with provisions of the Florida Insurance Code (Insurance Code). 3

    Under Florida’s Insurance Code, a qualifying insurer is authorized to transact any one kind or combination
    of insurance, including life, health, property, casualty, surety, marine, and title. 4 Among the types of
    authorized insurance, paid family leave insurance is not currently included. Nonetheless, OIR has already
    approved paid family leave insurance products and such products have been sold and marketed in the
    state as riders to disability income benefits for individuals utilizing family and medical leave. 5

    Paid Family Leave Insurance

    The federal Family Medical Leave Act of 1993 (FMLA) requires covered employers to provide eligible
    employees job-protected leave for qualifying family and medical reasons. Covered employers under FMLA
    include private-sector employers who employ 50 or more employees in 20 or more workweeks during a
    calendar year, all public agencies, and all educational agencies. FMLA protects leave for the birth or
    adoption of a child, the serious health condition of an employee, care for an employee’s family member
    who has a serious health condition, and reasons related to a family member’s service in the military.

    In 2022, the National Council of Insurance Legislators (NCOIL) adopted the Paid Family Leave Insurance
    Model Act (Model Act).6 The Model Act created a new product of life insurance, known as paid family leave
    insurance, under which any insurer licensed to transact life insurance or disability income insurance
    business could be authorized to issue policies covering benefits for employees unable to work due to
    circumstances eligible for FMLA protection.

    Some states provide a program using either a social insurance policy design that funds benefits through
    pooled payroll taxes on employees and/or employers, or private insurance to fund the programs.7
    Programs available in these states are the result of legislation either making such programs mandatory or


1 Florida Office of Insurance Regulation, Organization and Operation, https://floir.com/about-us/organization-and-
operation#:~:text=The%20Florida%20Offic e%20of% 20Insurance,settlements%2C% 20premium%20financing%2C%20and
%20administrative (last visited Mar. 10, 2023). See also s. 624.308, F.S., and R. 69O, et seq., F.A.C.
2 Florida Office of Insurance Regulation, Organization and Operation, https://floir.com/about-us/organization-and-

operation#:~:text=The%20Florida%20Offic e%20of% 20Insurance,settlements%2C% 20premium%20financing%2C%20and
%20administrative (last visited Mar. 10, 2023).
3 Id. Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the Florida Insurance Code. See also s. 624.01,

F.S.
4 Ss. 624.406(1), and 624.6011, F.S.
5 Email from Stephen Marante, Deputy Director of Government Affairs, Office of Insurance Regulation, Re: Family Leave

Insurance (Feb. 17, 2023).
6 National Council of Insurance Legislators, Paid Family Leave Insurance Model Act (Adopted on Nov. 19, 2022).
7 Department of Financial Services, Agency Analysis of SB 670, p. 1 (Feb. 27, 2023).
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        voluntary.8 States currently offering paid family leave insurance benefits through private insurers are New
        York (mandatory), New Hampshire (voluntary), and Virginia (voluntary).9

        Effect of the Bill

        The bill creates a regulatory structure for creation and sale of paid family leave insurance policies both as a
        stand-alone product, as a group insurance policy, and as a rider to a group disability income policy.
        Notably, the bill does not create a right to paid family leave benefits for employees not otherwise eligible
        under FMLA, but rather gives their employers the option to offer, and authorizes life insurers to transact,
        paid family leave insurance benefits.

        The bill includes paid family leave insurance as a type of insurance product with life, health, property,
        casualty, surety, marine, and title insurance products. The bill defines paid family leave insurance as
        insurance issued to an employer to pay for a percentage or portion of the employee’s income loss due to:
             The birth of a child or adoption of a child by the employee;
             Placement of a foster child with the employee;
             Care of an employee’s family member who has a serious health condition; or
             Circumstances arising out of the fact the employee’s family member is a servicemember on active
                duty or has been notified of an impending call or order to active duty.

        Defined Terms

        The bill defines the following terms:
            “Armed Forces of the United States” means an officer or enlisted member of the Army, Navy, Air
                Force, Marine Corps, Space Force, or Coast Guard of the United States, the Florida National
                Guard, and the United States Reserve Forces.
            “Child” is someone who is:
                    o Under 18 years of age, or 18 years of age or older and incapable of self-care because of a
                         mental or physical disability; and
                    o A biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; or
                         a son or daughter of a person to whom the employee stands in loco parentis.
            “Family leave” is any leave taken by an employee for work for any of the reasons specified in the
                newly created s. 627.445(4), F.S. (as more particularly described below).
            “Family member” includes a child, spouse, or parent, or other person defined as a family member in
                the policy.
            “Health care provider” means any hospital licensed under ch. 395, F.S., and any health care
                institution licensed under ch. 400 or ch. 429, F.S., or an individual licensed under ch. 458, 459, 460,
                461, 464, or 466, F.S.
            “Parent” means a biological, foster, or adoptive parent; a stepparent; a legal guardian; or other
                person who stood in loco parentis to the employee when the employee was a child.
            “Serious health condition” means an illness, injury, impairment, or physical or mental condition,
                including, but not limited to, pregnancy complications that threaten the life of the mother or unborn
                child; transplantation preparation and recovery from surgery related to organ or tissue donation,
                which involves inpatient care in a hospital, hospice, or residential health care facility; continuing
                treatment; or continuing supervision by a health care provider. Continuing supervision by a health
                care provider includes a period of incapacity which is permanent or long-term due to a condition for
                which treatment may not be effective and where the family member need not be receiving active
                treatment by a health care provider.

        Requirements and Specifications for the Policy

        The bill provides family leave insurance may be written as an amendment or a rider to a group disability
        income policy, included in a group disability income policy, or written as a separate group insurance policy
        purchased by an employer. The bill also provides the policy must specify:

8 Id.
9 Id.
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           Details and requirements with regard to each of the covered family leave reasons;
           The length of family leave insurance benefits available for each covered family leave reason, which
            may not be less than 2 weeks during a period of 52 consecutive calendar weeks;
           Whether there is an unpaid waiting period, and if so, the terms and conditions of the unpaid waiting
            period;
           The amount of benefits that will be paid for covered family reasons;
           Definition of the wages or other income upon which the amount of family leave insurance benefits
            will be issued; and
           Whether the family leave insurance benefits are subject to offsets for wages or other income
            received or for which the insured may be eligible, and if so, all such wages or income that may be
            set off and the circumstances under which it may be offset.

    Permissible Limitations, Exclusions and Reductions for Eligibility

    The bill allows eligibility for family leave insurance benefits to be limited, excluded, or reduced, but requires
    any such limitation, exclusion, or reduction be specified in the policy. Permissible limitations, exclusions,
    and reductions under the bill include, but are not limited to, any period of leave:
        Wherein the required notice and medical certification as prescribed in the policy has not been
            provided;
        Related to a serious health condition or other harm to a family member caused by the willful
            intention of the employee;
        During which the employee performed work for remuneration or profit;
        For which the employee is eligible to receive from his or her employer, or from a fund to which the
            employer has contributed, remuneration or maintenance;
        In which the employee is eligible to receive benefits under any other statutory program or employer-
            sponsored program, including, but not limited to, unemployment insurance benefits, workers’
            compensation benefits, statutory disability benefits, statutory paid leave benefits, or any paid time
            off or employer’s paid leave policy;
        Commencing before the employee becomes eligible for family leave insurance benefits under the
            policy; or
        Where more than one person seeks family leave insurance for the same family member.

    The bill requires that family leave insurance benefits be paid periodically and promptly, except as to a
    contested period of leave and subject to any of the limitations, exclusions, or reductions explained above.
    Rates for policies or riders providing paid family leave insurance benefits must meet Florida’s rate making
    standard, to wit, they must not be inadequate, excessive, or unfairly discriminatory10 and that the applicable
    insurance forms are subject to review by OIR.

    B. SECTION DIRECTORY:

        Section 1. Amends s. 624.406, F.S., authorizing life insurers to transact paid family leave insurance.

        Section 2. Creates s. 624.6011, F.S., defining “Paid family leave insurance”, providing circumstances
        under which paid family leave insurance may be issued and purchased.

        Section 3. Amends s., 627.445, F.S., defining terms, providing circumstances under which family leave
        insurance benefits may be provided.

        Section 4. Provides the bill shall become effective upon becoming a law.

                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

10 S. 627.062,   F.S.
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            The bill has an indeterminate, but likely positive, fiscal impact on state government. The state may
            see increased premium tax revenues to the extent that a paid family leave insurance market
            develops.

        2. Expenditures:

            OIR will need to add family leave coverage as a new line of business to the correct IT systems.11

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        Employees eligible to receive family leave insurance benefits can receive compensation they would not
        have otherwise received while unable to work due to eligible parental leave or their own or their family
        member’s serious health condition or military service. Although the paid family leave insurance is
        optional for private employers not otherwise covered under FMLA, the insurance policy would be
        funded by the employer and/or the employee.

    D. FISCAL COMMENTS:

        The bill has an indeterminate impact on state government and none on local governments. If a private
        employer offers the insurance, the bill has a positive fiscal impact for eligible employees and a negative
        fiscal impact for employers and employees due to premiums funding the policies. However, such
        private employers may see greater employee satisfaction and productivity and may also be more
        competitive in hiring quality employees.

                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

            Not applicable. The bill does not appear to affect county or municipal governments.

        2. Other:

            None.

    B. RULE-MAKING AUTHORITY:

        The bill authorizes the Financial Services Commission to adopt rules to administer the Paid Family
        Leave Income Replacement Act, s. 627.445, F.S.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

11 Office of Insurance Regulation,   Agency Analysis of 2023 HB 721, p. 4 (Mar. 8, 2023).
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                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

   On March 14, 2023, the Insurance & Banking Subcommittee considered the bill, adopted one amendment,
   and reported the bill favorably as a committee substitute. The amendment made the following changes to
   the bill:
        Revised definitions, including:
                o Armed Forces of the United States,
                o Health care provider, and
                o Serious health condition;
        Established that forms for policies or riders providing paid family leave insurance benefits are
             subject to review by the Florida Office of Insurance Regulation;
        Made technical changes to conform the model act on which the bill is based to conform to the
             requirements of the Florida Insurance Code; and
        Removed superfluous language from the bill.

   The analysis is drafted to the committee substitute as passed by the Insurance & Banking Subcommittee.




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           CS/HB 721                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to paid family leave insurance;
    3              amending s. 624.406, F.S.; authorizing life insurers
    4              to transact paid family leave insurance; creating s.
    5              624.6086, F.S.; defining terms; providing
    6              circumstances under which paid family leave insurance
    7              may be issued and purchased; creating s. 627.445,
    8              F.S.; defining terms; providing circumstances under
    9              which family leave insurance benefits may be provided;
10                 requiring paid family leave insurance policies to
11                 specify details and requirements with regard to
12                 covered circumstances; specifying requirements for
13                 policies relating to benefit periods, waiting periods,
14                 benefit amounts, certain offsets, and the payment of
15                 benefits; providing that eligibility for family leave
16                 insurance benefits may be limited, excluded, or
17                 reduced but must be specified in the policy; providing
18                 circumstances under which limitations, exclusions, and
19                 reductions are permissible; providing applicable
20                 provisions for calculating rates; providing that paid
21                 family leave insurance forms and riders are subject to
22                 review by the Office of Insurance Regulation;
23                 specifying the means by which a policy may offer
24                 family leave insurance benefits; authorizing the
25                 Financial Services Commission to adopt rules;

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        CS/HB 721                                                                                            2023




26              providing an effective date.
27
28      Be It Enacted by the Legislature of the State of Florida:
29
30              Section 1.          Subsection (1) of section 624.406, Florida
31      Statutes, is amended to read:
32              624.406        Combinations of insuring powers, one insurer.—An
33      insurer which otherwise qualifies therefor may be authorized to
34      transact any one kind or combination of kinds of insurance as
35      defined in part V except:
36              (1)         A life insurer may also grant annuities, but shall not
37      be authorized to transact any other kind of insurance except
38      health insurance, disability income insurance, paid family leave
39      insurance, excess coverage for health maintenance organizations,
40      or excess insurance, specific and aggregate, for self -insurers
41      of a plan of health insurance and multiple-employer welfare
42      arrangements.
43              Section 2.          Section 624.6086, Florida Statutes, is created
44      to read:
45              624.6086           "Paid family leave insurance" defined; paid
46      family leave insurance issuance and purchase.—
47              (1)         "Paid family leave insurance" is insurance issued to
48      an employer which is related to a benefit program provided to an
49      employee to pay for a percentage or portion of the employee's
50      income loss due to:

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        CS/HB 721                                                                                            2023




51              (a)         The birth of a child or adoption of a child by the
52      employee;
53              (b)         Placement of a child with the employee for foster
54      care;
55              (c)         Care of the employee's family member who has a serious
56      health condition; or
57              (d)         Circumstances arising out of the fact that the
58      employee's family member who is a servicemember is on active
59      duty or has been notified of an impending call or order to
60      active duty.
61
62      As used in this subsection, the terms "child," "family leave,"
63      and "family member" have the same meanings as provided in s.
64      627.445(1).
65              (2)         Paid family leave insurance may be issued to and
66      purchased by an employer as an amendment or a rider to a group
67      disability income policy, included in a group disability income
68      policy, or issued as a separate group insurance policy.
69              Section 3.         Section 627.445, Florida Statutes, is created
70      to read:
71              627.445        Paid family leave insurance.—
72              (1)         DEFINITIONS.—As used in this section, the term:
73              (a)         "Armed Forces of the United States" means an officer
74      or enlisted member of the Army, Navy, Air Force, Marine Corps,
75      Space Force, or Coast Guard of the United States, the Florida

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         CS/HB 721                                                                                            2023




 76      National Guard, or the United States Reserve Forces.
 77              (b)         "Child" means a person who is:
 78              1.      Under 18 years of age, or 18 years of age or older and
 79      incapable of self-care because of a mental or physical
 80      disability; and
 81              2.      A biological, adopted, or foster son or daughter; a
 82      stepson or stepdaughter; a legal ward; or a son or daughter of a
 83      person to whom the employee stands in loco parentis.
 84              (c)         "Family leave" is any leave taken by an employee from
 85      work for any of the circumstances specified in subsection (2).
 86              (d)         "Family member" includes a child, spouse, or parent,
 87      or other person defined as a family member of the employee in
 88      the policy.
 89              (e)         "Health care provider" means a hospital licensed under
 90      chapter 395, a health care institution licensed under chapter
 91      400 or chapter 429, or a person licensed under chapter 458,
 92      chapter 459, chapter 460, chapter 461, chapter 464, or chapter
 93      466.
 94              (f)         "Parent" means a biological, foster, or adoptive
 95      parent; a stepparent; a legal guardian; or other person who
 96      stood in loco parentis to the employee when the employee was a
 97      child.
 98              (g)         "Serious health condition" means an illness, injury,
 99      impairment, or physical or mental condition, including, but not
100      limited to, pregnancy complications that threaten the life of

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         CS/HB 721                                                                                            2023




101      the mother or unborn child; transplantation preparation and
102      recovery from surgery related to organ or tissue donation which
103      involve inpatient care in a hospital, hospice, or residential
104      health care facility; continuing treatment; or continuing
105      supervision by a health care provider. Continuing supervision by
106      a health care provider includes a period of incapacity which is
107      permanent or long-term due to a condition for which treatment
108      may not be effective and during which the family member need not
109      be receiving active treatment by a health care provider.
110              (2)         COVERED FAMILY LEAVE INSURANCE BENEFITS.—Family leave
111      insurance benefits provided in a paid family leave insurance
112      policy may be provided for any leave taken by an employee from
113      work for any of the following circumstances:
114              (a)         Participation in providing care, including physical or
115      psychological care, for a family member made necessary by a
116      serious health condition of the family member;
117              (b)         Bonding with the employee's child during the first 12
118      months after the child's birth or the first 12 months after the
119      placement of the child for adoption by or foster care with the
120      employee;
121              (c)         Addressing a qualifying exigency as interpreted under
122      the Family and Medical Leave Act of 1993, 29 U.S.C. s.
123      2612(a)(1)(E) and 29 C.F.R. s. 825.126(a)(1)-(8), arising out of
124      the fact that the spouse, child, or parent of the employee is on
125      active duty or has been notified of an impending call or order

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         CS/HB 721                                                                                            2023




126      to active duty in the Armed Forces of the United States;
127               (d)         Caring for a family member who was injured in the line
128      of duty while serving in the Armed Forces of the United States;
129      or
130               (e)         Caring for a family member or taking other leave as
131      specified in the policy.
132               (3)         REQUIRED POLICY SPECIFICITY.—The policy must specify
133      all of the following:
134               (a)         Details and requirements with regard to each of the
135      covered circumstances specified in subsection (2).
136               (b)         The length of family leave insurance benefits
137      available for each covered circumstance, which may not be less
138      than 2 weeks during a period of 52 consecutive calendar weeks.
139               (c)         Whether there is an uncovered waiting period and, if
140      so, the terms and conditions of the uncovered waiting period,
141      which may include, but are not limited to, whether:
142               1.      The period runs over a consecutive calendar day period;
143               2.      The period is counted toward the annual allotment of
144      covered family leave insurance benefits or is in addition to the
145      annual allotment of covered family leave insurance benefits;
146               3.      The period must be met only once per benefit year or
147      must be met for each separate claim for benefits; and
148               4.      The employee may work or receive paid time off or other
149      compensation during the period.
150               (d)         The amount of benefits that will be paid for covered

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         CS/HB 721                                                                                            2023




151      circumstances specified in subsection (2).
152              (e)         The definition of the wages or other income upon which
153      the amount of benefits will be issued.
154              (f)         The method by which such wages or other income will be
155      calculated.
156              (g)         If the family leave insurance benefits are subject to
157      offsets for wages or other income received or for which the
158      insured may be eligible, all such wages or other income that may
159      be offset and the circumstances under which it may be offset.
160              (h)         The frequency of payments due for covered benefits.
161              (4)         CALCULATION OF 52 CONSECUTIVE CALENDAR WEEKS. —For
162      purposes of this section, 52 consecutive calendar weeks may be
163      calculated by:
164              (a)         A calendar year;
165              (b)         Any fixed period starting on a particular date, such
166      as the effective or anniversary date of the policy;
167              (c)         The employee's hiring date or anniversary of hiring
168      date;
169              (d)         The period measured forward from the employee's first
170      day of family leave;
171              (e)         A rolling period measured by looking back from the
172      employee's first day of family leave; or
173              (f)         Any other method specified in the policy.
174              (5)         PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS. —
175      Eligibility for family leave insurance benefits under this

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         CS/HB 721                                                                                            2023




176      section may be limited, excluded, or reduced, but any
177      limitation, exclusion, or reduction must be specified in the
178      policy and not conflict with the insurance code. Limitations,
179      exclusions, or reductions are permissible for any of the
180      following circumstances:
181              (a)         For any period during which the required notice and
182      medical certification as prescribed in the policy have not been
183      provided;
184              (b)         For any leave related to a serious health condition or
185      other harm to a family member brought about by a willful act by
186      the employee;
187              (c)         For any period during which the employee performed
188      work for remuneration or profit;
189              (d)         For any period for which the employee is eligible to
190      receive remuneration or maintenance from her or his employer, or
191      from a fund to which the employer has contributed;
192              (e)         For any period during which the employee is eligible
193      to receive benefits under any other statutory program or
194      employer-sponsored program, including, but not limited to,
195      unemployment insurance benefits, workers' compensation benefits,
196      or any paid time off or employer's paid leave policy;
197              (f)         For any period commencing before the employee becomes
198      eligible for family leave insurance benefits under the policy;
199              (g)         For any period during which more than one person seeks
200      family leave for the same family member under the same policy,

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         CS/HB 721                                                                                            2023




201      unless the policy specifies otherwise; or
202              (h)         Other reasons specified in the policy.
203              (6)         PAYMENT OF FAMILY LEAVE INSURANCE BENEFITS.—Family
204      leave insurance benefits provided under a policy that complies
205      with this section must be paid periodically and promptly, as
206      specified in the policy, except as to a contested period of
207      family leave and subject to any of the limitations, exclusions,
208      or reductions permitted under subsection (5).
209              (7)         INSURANCE POLICY.—
210              (a)         Rates for policies or riders providing paid family
211      leave insurance benefits must be calculated in accordance with
212      the rate standards provided in s. 627.062.
213              (b)         Forms for policies or riders providing paid family
214      leave insurance benefits are subject to review by the office
215      under s. 627.410.
216              (c)         A policy issued under this section must meet the
217      requirements of s. 624.6086(2).
218              (8)         RULEMAKING.—The commission may adopt rules to
219      implement this section.
220              Section 4.         This act shall take effect upon becoming a law.




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                             COMMERCE COMMITTEE

                             CS/HB 721 by Rep. Chaney
                      Relating to Paid Family Leave Insurance

                              AMENDMENT SUMMARY
                                  April 7, 2023

Amendment 1 by Rep. Chaney (Strike-all): The amendment makes non-substantive, technical
changes to conform the bill with its Senate companion.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 721   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:    Commerce Committee
 2     Representative Chaney offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6          Section 1.   Subsection (1) of section 624.406, Florida
 7     Statutes, is amended to read:
 8          624.406   Combinations of insuring powers, one insurer.—An
 9     insurer which otherwise qualifies therefor may be authorized to
10     transact any one kind or combination of kinds of insurance as
11     defined in part V except:
12          (1)    A life insurer may also grant annuities, but shall not
13     be authorized to transact any other kind of insurance except
14     health insurance, disability income insurance, paid family leave
15     insurance, excess coverage for health maintenance organizations,
16     or excess insurance, specific and aggregate, for self -insurers
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 721   (2023)
       Amendment No. 1


17     of a plan of health insurance and multiple-employer welfare
18     arrangements.
19          Section 2.    Section 624.6086, Florida Statutes, is created
20     to read:
21          624.6086     "Paid family leave insurance" defined.—
22          (1)    "Paid family leave insurance" is insurance issued to
23     an employer which is related to a benefit program provided to an
24     employee to pay for a percentage or portion of the employee's
25     income loss due to:
26          (a)    The birth of a child or the adoption of a child by the
27     employee;
28          (b)    Placement of a child with the employee for foster
29     care;
30          (c)    Care of the employee's family member who has a serious
31     health condition; or
32          (d)    Circumstances arising out of the fact that the
33     employee's family member who is a servicemember is on active
34     duty or has been notified of an impending call or order to
35     active duty.
36          (2)    Paid family leave insurance may be issued to and
37     purchased by an employer as an amendment or a rider to a group
38     disability income policy, included in a group disability income
39     policy, or issued as a separate group insurance policy.
40          (3)    As used in this section, the terms "child," "family
41     leave," and "family member" have the same meanings as provided
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/HB 721   (2023)
       Amendment No. 1


42     in s. 627.445(1).
43            Section 3.    Section 627.445, Florida Statutes, is created
44     to read:
45            627.445   Paid family leave insurance.—
46            (1)    DEFINITIONS.—As used in this section, the term:
47            (a)    "Armed Forces of the United States" means an officer
48     or enlisted member of the Army, Navy, Air Force, Marine Corps,
49     Space Force, or Coast Guard of the United States, the Florida
50     National Guard, and the United States Reserve Forces.
51            (b)    "Child" means a person who is:
52            1.    Under 18 years of age, or 18 years of age or older and
53     incapable of self-care because of a mental or physical
54     disability; and
55            2.    A biological, adopted, or foster son or daughter; a
56     stepson or stepdaughter; a legal ward; or a son or daughter of a
57     person to whom the employee stands in loco parentis.
58            (c)    "Family leave" means any leave taken by an employee
59     from work for any of the circumstances specified in subsection
60     (2).
61            (d)    "Family member" includes a child, spouse, or parent,
62     or other person defined as a family member of the emplo yee in
63     the policy.
64            (e)    "Health care provider" means any hospital licensed
65     under chapter 395 and any health care institution licensed under
66     chapter 400 or chapter 429 or an individual licensed under
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 721   (2023)
       Amendment No. 1


67     chapter 458, chapter 459, chapter 460, chapter 461, chap ter 464,
68     or chapter 466.
69          (f)    "Parent" means a biological, foster, or adoptive
70     parent; a stepparent; a legal guardian; or other person who
71     stood in loco parentis to the employee when the employee was a
72     child.
73          (g)    "Serious health condition" means an illness, an
74     injury, an impairment, or a physical or mental condition,
75     including, but not limited to, pregnancy complications that
76     threaten the life of the mother or unborn child; transplantation
77     preparation and recovery from surgery related to organ or tissue
78     donation, which involves inpatient care in a hospital, hospice,
79     or residential health care facility; continuing treatment; or
80     continuing supervision by a health care provider. Continuing
81     supervision by a health care provider includes a period of
82     incapacity which is permanent or long-term due to a condition
83     for which treatment may not be effective and where the family
84     member need not be receiving active treatment by a health care
85     provider.
86          (2)    COVERED FAMILY LEAVE BENEFITS.—Family leave insurance
87     benefits provided in a paid family leave insurance policy may be
88     provided for any leave taken by an employee from work for any of
89     the following circumstances:
90          (a)    Participation in providing care, including physical or
91     psychological care, for a family member made necessary by a
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/HB 721   (2023)
        Amendment No. 1


 92     serious health condition of the family member;
 93          (b)     Bonding with the employee's child during the first 12
 94     months after the child's birth or the first 12 months after the
 95     placement of the child for adoption by or foster care with the
 96     employee;
 97          (c)     Addressing a qualifying exigency as interpreted under
 98     the Family and Medical Leave Act of 1993, 29 U.S.C. s.
 99     2612(a)(1)(E) and 29 C.F.R. s. 825.126(a)(1)-(8), arising out of
100     the fact that the spouse, child, or parent of the employee is on
101     active duty or has been notified of an impending call or order
102     to active duty in the Armed Forces of the United States;
103          (d)     Caring for a family member injured in the line of duty
104     with the Armed Forces of the United States; or
105          (e)     Caring for a family member or other leave as specified
106     in the policy.
107          (3)     REQUIRED POLICY SPECIFICITY.—The policy must specify:
108          (a)     Details and requirements with regard to each of the
109     covered circumstances specified in subsection (2),
110          (b)     The length of family leave insurance benefits
111     available for each covered circumstance, which may not be less
112     than 2 weeks during a period of 52 consecutive calendar weeks.
113          (c)     Whether there is an uncovered waiting period, and if
114     so, the terms and conditions of the uncovered waiting period,
115     which may include, but are not limited to, whether:
116          1.     The period runs over a consecutive calendar day period;
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                                                      Bill No. CS/HB 721   (2023)
        Amendment No. 1


117          2.    The period is counted toward the annual allotment of
118     covered family leave insurance benefits or is in addition to the
119     annual allotment of covered family leave insurance benefits;
120          3.    The period must be met only once per benefit year or
121     must be met for each separate claim for benefits; and
122          4.    The employee may work or receive paid time off or other
123     compensation during the period.
124          (d)    The amount of benefits that will be paid for covered
125     circumstances provided in subsection (2).
126          (e)    The definition of the wages or other income upon which
127     the amount of benefits will be issued.
128          (f)    How such wages or other income will be calculated.
129          (g)    If the family leave insurance benefits are subject to
130     offsets for wages or other income received or for which the
131     insured may be eligible, all such wages or other income that may
132     be set off and the circumstances under which it may be offset.
133          (h)    The frequency of payments due for covered benefits.
134          (4)    CALCULATION OF 52 CONSECUTIVE CALENDAR WEEKS. -For
135     purposes of this section, 52 consecutive calendar weeks may be
136     calculated by:
137          (a)    A calendar year;
138          (b)    Any fixed period starting on a particular date, such
139     as the effective or anniversary date of the policy;
140          (c)    The employee's hiring date or anniversary of hiring
141     date;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 721   (2023)
        Amendment No. 1


142          (d)   The period measured forward from the employee's first
143     day of family leave;
144          (e)   A rolling period measured by looking back from the
145     employee's first day of family leave; or
146          (f)   Any other method specified in the policy.
147          (5)   PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS. —
148     Eligibility for family leave insurance benefits under this
149     section may be limited, excluded, or reduced, but any
150     limitation, exclusion, or reduction must be specified in the
151     policy and not conflict with the Florida Insurance Code.
152     Permissible limitations, exclusions, or reductions may be made
153     for the following:
154          (a)   For any period wherein the required notice and medical
155     certification as prescribed in the policy has not been provided;
156          (b)   For any leave related to a serious health condition or
157     other harm to a family member brought about by a willful act by
158     the employee;
159          (c)   For any period during which the employee performed
160     work for remuneration or profit;
161          (d)   For any period for which the employee is eligible to
162     receive remuneration or maintenance from her or his employer, or
163     from a fund to which the employer has contributed;
164          (e)   For any period during which the employee is eligible
165     to receive benefits under any other statutory program or
166     employer-sponsored program, including, but not limited to,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 721   (2023)
        Amendment No. 1


167     unemployment insurance benefits, workers' compensation benefits,
168     or any paid time off or employer's paid leave policy;
169          (f)   For any period commencing before the employee becomes
170     eligible for family leave insurance benefits under the policy;
171          (g)   For periods where more than one person seeks family
172     leave for the same family member under the same policy, unless
173     the policy specifies otherwise; or
174          (h) For other reasons specified in the policy.
175          (6)   PAYMENT OF FAMILY LEAVE BENEFITS.—Family leave
176     insurance benefits provided under a policy that complies with
177     this section must be paid periodically and promptly, as
178     specified in the policy, except as to a contested period of
179     family leave and subject to any of the limitations, exclusions,
180     or reductions permitted under subsection (5).
181          (7)   INSURANCE POLICY.—
182          (a)   Rates for policies or riders providing paid family
183     leave insurance benefits must be calculated in accordance with
184     the rate standards provided in s. 627.062.
185          (b)   Forms for policies or riders providing paid family
186     leave insurance benefits are subject to review by the office
187     under s. 627.410.
188          (c)   A policy issued under this section must be issued as
189     provided in s. 624.6086(2).
190          (8)   RULEMAKING.—The commission may adopt rules to
191     administer this section.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 721   (2023)
        Amendment No. 1


192          Section 4.   This act shall take effect upon becoming a law.
193
194           -----------------------------------------------------
195                        T I T L E   A M E N D M E N T
196          Remove everything before the enacting clause and insert:
197                           A bill to be entitled
198          An act relating to paid family leave insurance;
199          amending s. 624.406, F.S.; authorizing life insurers
200          to transact paid family leave insurance; creating s.
201          624.6086, F.S.; defining terms; creating s. 627.445,
202          F.S.; defining terms; specifying circumstances under
203          which family leave insurance benefits may be provided
204          under a paid family leave insurance policy; requiring
205          that paid family leave insurance policies specify
206          details and requirements with regard to covered
207          circumstances; specifying requirements for policies
208          relating to benefit periods, waiting periods, benefit
209          amounts and certain offsets, and the payment of
210          benefits; providing that eligibility for family leave
211          insurance benefits may be limited, excluded, or
212          reduced, but must be specified in the policy;
213          specifying permissible limitations, exclusions, and
214          reductions; providing applicable provisions for
215          calculating rates; specifying the means by which a
216          policy must offer family leave insurance benefits;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 721    (2023)
        Amendment No. 1


217          authorizing the Financial Services Commission to adopt
218          rules; providing an effective date.
219




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HB 737
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 737 Secondhand Goods
SPONSOR(S): Barnaby
TIED BILLS:       IDEN./SIM. BILLS: SB 442


    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY
                                                                                                           CHIEF

    1) Regulatory Reform & Economic Development                 15 Y, 0 N               Larkin             Anstead
       Subcommittee

    2) Commerce Committee                                                               Larkin             Hamon

                                                     SUMMARY ANALYSIS
Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of secondhand
goods. A secondhand dealer is a person, corporation, or other business organization or entity, that is not a
secondary metals recycler, engaged in the business of purchasing, consigning, or trading secondhand goods.
Secondhand goods are previously owned or used personal property that is purchased, consigned, or traded as
used property.

The bill 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” and replaces “coins” with “money”.

The bill does not appear to impact state or local governments.

The bill takes effect July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0737b.COM
DATE: 4/6/2023
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

         Current Situation

         Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of
         secondhand goods. A secondhand dealer 1 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. 2

         “Secondhand goods” means personal property previously owned or used which is not regulated metals
         property regulated under part II of ch. 538, and which is purchased, consigned, or traded as used
         property. The term includes gift certificates and credit memos 3 as defined in s. 501.95 which are
         purchased, consigned, or traded by a secondhand dealer.

         The term does 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. 4
                   o The term “secondhand sports equipment” does not include golf clubs.

         Secondary metals recyclers may not sell “regulated metals property” without obtaining proof of
         ownership or permission from the owner if the person is an employee of such owner. Regulated metals
         property means any item composed primarily of any nonferrous metals. The term does not include
         aluminum beverage containers, used beverage containers, or similar beverage containers; however,
         the term includes stainless steel beer kegs and items made of ferrous metal obtained from any
         restricted regulated metals property.

         Restricted regulated metals property is subject to restrictions and includes the following:
             A manhole cover.
             An electric light pole or other utility structure and its fixtures, wires, and hardware that are
                readily identifiable as connected to the utility structure.
             A guard rail.
             A street sign, traffic sign, or traffic signal and its fixtures and hardware.
             Communication, transmission, distribution, and service wire from a utility, including copper or
                aluminum bus bars, connectors, grounding plates, or grounding wire.

1 A pawnbroker is different than a secondhand dealer. “Pawn” means any advancement of funds on the security of pledged goods on

condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeeme d by the
pledgor on the terms and conditions contained in this section. See s. 539.001, F.S; Pawnshops must be registered and are regulated by
the Florida Department of Agriculture and Consumer Services. Pawnshops, Florida Department of Agriculture & Consumer Services,
https://www.fdacs.gov/Consumer-Resources/Consumer-Rights-and-Responsibilities/Pawnshops (last March 24, 2023).
2 S. 538.03(1)(h), F.S.
3 S. 501.95, F.S., defines “credit memo” as a certificate, card, stored value card, or similar instrument issued in exchange fo r returned

merchandise when the certificate, card, or similar instrument is redeemable for merchandise, food, or services regardle ss of whether
any cash may be paid to the owner of the certificate, card, or instrument as part of the redemption transaction.
4 S. 538.03(1)(i), F.S.

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                 A funeral marker or funeral vase.
                 A historical marker.
                 Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch
                  plate, E clip, or rail tie junction.
                 Any metal item that is observably marked upon reasonable inspection with any form of the
                  name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.
                 A copper, aluminum, or aluminum-copper condensing or evaporator coil, including its tubing or
                  rods, from an air-conditioning or heating unit, excluding coils from window air-conditioning or
                  heating units and motor vehicle air-conditioning or heating units.
                 An aluminum or stainless-steel container or bottle designed to hold propane for fueling forklifts.
                 A stainless-steel beer keg.
                 A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of
                  a motor vehicle.
                 Metallic wire that has been burned in whole or in part to remove insulation.
                 A brass or bronze commercial valve or fitting, referred to as a “fire department connection and
                  control valve” or an “FDC valve,” that is commonly used on structures for access to water for the
                  purpose of extinguishing fires.
                 A brass or bronze commercial potable water backflow preventer valve that is commonly used to
                  prevent backflow of potable water from commercial structures into municipal domestic water
                  service systems.
                 A shopping cart.
                 A brass water meter.
                 A storm grate.
                 A brass sprinkler head used in commercial agriculture.
                 More than two lead-acid batteries, or any part or component thereof, in a single purchase or
                  from the same individual in a single day.

         Regulation of Secondhand Dealers and Secondary Metals Recyclers

         Local law enforcement and three state agencies have statutory obligations regarding Florida's
         secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers.

         The three state agencies include:5
             Florida Department of Revenue- Maintains the statewide registration system for secondhand
                dealers, mail-in secondhand dealers, and secondary metals recyclers.
             Florida Department of Highway Safety & Motor Vehicles (DHSMV) - Oversees recordkeeping,
                proof of ownership, reporting, and enforcement of state laws related to the dismantling or
                destruction of motor vehicles, recreational vehicles, and mobile homes by salvage motor vehicle
                dealers and secondary metals recyclers (Chapter 319, F.S.). Depending on the type of
                materials obtained, certain businesses may be required to register as a salvage motor vehicle
                dealer in addition to registration as a secondary metals recycler. (Section 320.27, F.S)
             Florida Department of Law Enforcement (FDLE) -Approves transaction forms that document the
                sale/purchase of secondary metals. Secondary metals recyclers must complete and maintain
                these forms for specified time periods (Chapter 538, F.S.).

        Records and Reporting Requirements

         A secondhand dealer must annually register his or her business with the Department of Revenue. 6


         Examples of businesses that must register as a secondhand dealer include:
             consignment stores (excluding stores that consign only clothes);
             secondhand stores;
5 Secondary Metal Information, Florida Department of Law Enforcement, https://www.fdle.state.fl.us/SMI (last visited March 24, 2023).
6 S. 538.09, F.S.; What Businesses Are Required to Register as Secondhand Dealers?, Florida Department of Revenue,

https://floridarevenue.com/faq/Pages/FAQSearch.aspx?Cat=4&Subcat=59 (last visited March 24, 2023).
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DATE: 4/6/2023
                  music stores that buy or trade used music CDs;
                  used tire dealers; and
                  used furniture stores (other than office furniture).

           Upon each acquisition of secondhand goods, a secondhand dealer must complete a trans action form
           that details the goods purchased and the seller’s identity.

           A “transaction” is defined as “any purchase, consignment, or trade of secondhand goods by a
           secondhand dealer.”7 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.8 The secondhand dealer must also must keep copies on the registered
           secondhand dealer premises for at least one year after the transaction.9

           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. 10

           Holding Period

           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 certain items for 30 days: 11
               a precious metal,12
               gemstone,
               jewelry;
               antique furnishings,
               fixtures, or decorative objects; or
               an item of art as defined in s. 686.501, F.S.13

           Additionally, a secondhand good must be held for 30 days if the secondhand dealer uses an automated
           kiosk.14

           Such holding period is not applicable, however, when the person known by the secondhand dealer to
           be the person from whom the goods were acquired desires to redeem, repurchase, or recover the



7 S. 538.03(1)(j), F.S.
8 S. 538.04(1), F.S.
9 Id.
10
     Id.
11 S. 538.06(1), F.S.
12 S. 538.03(1)(f), F.S., defines “precious metals” as any item containing any gold, silver, or platinum, or any combination the reof,

excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.
13 S. 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, meta l, 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 l imited edition, or one 80 years old or older.
14 S. 538.03(1)(c), F.S., defines an “automated kiosk” as an interactive device that is permanently installed within a secure re tail space

and that has the following technological functions: remotely monitored b y 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.
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         goods, provided the dealer can produce the record of the original transaction with verification that the
         customer is the person from whom the goods were originally acquired. 15

         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. 16
         Additionally, this allows for the possibility of the goods to be returned to their rightful owner.

         Law enforcement agencies with jurisdiction enforce compliance with registration, record keeping,
         holding periods, and inspection requirements.17 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.18

         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.19 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.20
               A victim may file a civil action for replevin against the secondhand dealer.21

         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.22 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.23

         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. 24
         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.25

         A secondhand dealer commits a noncriminal violation, punishable by a fine of up to $2,500 if the
         following occurs:
               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;

15 S. 538.06(1), F.S.
16 S. 538.06(3), F.S.
17 S. 538.05, F.S.
18 S. 538.07(1), F.S.
19 S. 538.07(2), F.S.
20 S. 538.06(4), F.S.
21 S. 538.08, F.S.
22 BLACK’ S L AW D ICTIONARY (10th ed. 2014) (defining the term “replevin”); see also, ch. 78, F.S., “Replevin.”
23 Ss. 78.055 and 538.08, F.S.
24 S. 538.08(2), F.S. Otherwise, the filing and services fees are waived.
25 Foresight Enterprises, Inc. v. Leisure Time Properties, Inc., 466 So.2d 283, 286 (Fla. 5th DCA 1985). The plaintiff is also entitled to

the summary procedure provided in s. 51.011, F.S.
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                   The secondhand dealer fails to return the property and does not file an action for interpleader 26
                    to determine conflicting claims to the property; and
                   The owner or lienor prevails in the replevin action against the secondhand dealer. 27

     Currently, there appears to be ambiguity about whether products, such as precious metals, money28, or
     coins 29 are considered securities and potentially subject a retailer of such to a variety of other laws outside
     the secondhand goods regulatory scheme.30

     Effect of Bill

     The bill amends s. 538.03, F.S., to revise the definition of “secondhand goods” to exclude:
         money; and
         gold bullion31,
         silver bullion,
         platinum bullion,
         palladium bullion, or
         rhodium bullion
                o If such bullion has been assayed32 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 clarifies that all currency is exempt from the required holding period under Part I of ch. 538, F.S.

     Thus, the holding period of 30 days for certain bullion as described above is eliminated.

     B. SECTION DIRECTORY:
         Section 1: Amends s. 538.03, F.S., relating to secondhand goods.
         Section 2: Provides effective date.

                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              The bill does not appear to have an impact on state revenues.

         2. Expenditures:
              The bill does not appear to have an impact on state expenditures.


26
   Generally, interpleader is suit to determine a right to property held by a disinterested thir d 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. BL ACK’S LAW
DICTIONARY (10th ed. 2014) (defining the term “interpleader”).
27 S. 538.08(5), F.S.
28 Money” means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. S.

538.18(5), F.S.
29 “Coins” is not defined in the Florida Statutes. The dictionary defines “coins” as “usually flat piece of m etal issued by governmental

authority as money.” Coin Definition & Meaning, Merriam-Webster, https://www.merriam-webster.com/dictionary/coin (last visited March
26, 2023).
30 David Cosgrove, Retail Precious Metals Dealers Beware, Cosgrove Law Group , https://www.cosgrovelawllc.com/12-02-13-retail-

precious-metals-dealers-beware.html (last visited March 26, 2023).
31 “Bullion is a physical precious metal in the form of a bar, coin, or round that is almost entirely valued by its precious met al melt value

alone.” What Is Bullion?, SD Bullion , https://sdbullion.com/what-is-bullion (last visited March 25, 2023).
32 For example, “a gold assay is a process to measure the purity of items containing gold. It helps to ensure that gold coins or bullion

bars produced by a mint meet the correct purity and content standards.” Will Kenton, What Is Assay?, Investopedia, Investopedia, Nov.
21, 2022,
https://www.investopedia.com/terms/a/assay.asp#:~:text=A%20gold%20assay%20is%20a,correct%20purity%20and%20content%20st
andards (last visited March 25, 2023).
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   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill does not appear to have an impact on local government revenues.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Secondhand dealers who purchase bullion may see a cost benefit because these items are expressly
       excluded from the definition of a secondhand goods and therefore, are no longer required to be held for
       30 days.

   D. FISCAL COMMENTS:

                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
         action requiring the expenditures of funds; reduce the authority that counties or municipalities have
         to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill neither requires nor authorizes administrative rulemaking by executive agencies.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The sponsor has indicated that he will file an amendment to clarify that “coins” not “money” are
       excluded from the holding period.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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F   L     O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 737                                                                                                2023




    1                                          A bill to be entitled
    2               An act relating to secondhand goods; amending s.
    3               538.03, F.S.; revising the definition of "secondhand
    4               goods"; providing an effective date.
    5
    6      Be It Enacted by the Legislature of the State of Florida:
    7
    8               Section 1.         Paragraph (i) of subsection (1) of section
    9      538.03, Florida Statutes, is amended to read:
10                  538.03        Definitions; applicability.—
11                  (1)         As used in this part, the term:
12                  (i)         "Secondhand goods" means personal property previously
13         owned or used which is not regulated metals property regulated
14         under part II and which is purchased, consigned, or traded as
15         used property. The term includes gift certificates and credit
16         memos as defined in s. 501.95 which are purchased, consigned, or
17         traded by a secondhand dealer. The term does not include office
18         furniture;, pianos;, books;, clothing;, organs;, money; coins,
19         motor vehicles;, costume jewelry; gold, silver, platinum,
20         palladium, or rhodium bullion that has been assayed and is
21         properly marked as to its weight and fineness;, cardio and
22         strength training or conditioning equipment designed primarily
23         for indoor use;, and secondhand sports equipment that is not
24         permanently labeled with a serial number. As used in this
25         paragraph, the term "secondhand sports equipment" does not

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0737-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 737                                                                                                2023




26      include golf clubs.
27               Section 2.        This act shall take effect July 1, 2023.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0737-00
                                COMMERCE COMMITTEE

                      HB 737 by Rep. Barnaby and Rep. Mooney
                                Secondhand Goods

                                AMENDMENT SUMMARY
                                    April 10, 2023


Amendment 1 by Rep. Barnaby (line 18):
  • Reverts to current law regarding the holding period for “coins.”
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 737   (2023)
      Amendment No.1




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                       (Y/N)
      ADOPTED AS AMENDED            (Y/N)
      ADOPTED W/O OBJECTION         (Y/N)
      FAILED TO ADOPT               (Y/N)
      WITHDRAWN                     (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:       Commerce Committee
2     Representative Barnaby offered the following:
3
4          Amendment
5          Remove line 18 and insert:
6     furniture;, pianos;, books;, clothing;, organs;, coins;,




    817943 - hb0737-line 18.docx
     Published On: 4/7/2023 6:13:35 PM
                                   Page 1 of 1
HB 743
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 743 Estoppel Letters
SPONSOR(S): Fabricio
TIED BILLS:       IDEN./SIM. BILLS:                   SB 708

    REFERENCE                                             ACTION              ANALYST               STAFF DIRECTOR or
                                                                                                    BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                   18 Y, 0 N           Fletcher              Lloyd
    2) Civil Justice Subcommittee                         14 Y, 0 N           Mathews               Jones
    3) Commerce Committee                                                     Fletcher              Hamon

                                                     SUMMARY ANALYSIS
A mortgagor selling collateralized property, refinancing a mortgage, or paying off a mortgage may request an
estoppel letter from the mortgagee or mortgage servicer (lender). Florida law currently defines an “estoppel
letter” as a statement of the amount of the unpaid balance of a loan secured by a mortgage, including principal,
interest, and any other charges due under or secured by the mortgage, and the interest on a per-day basis for
the unpaid balance. A lender must deliver an estoppel letter to the requesting party within 14 days after
receiving a written request for the same.

In some estoppel letters, lenders expressly reserve the right to change the amounts listed and disclaim the
reliance of others on the letter. Further, if after sending an estoppel letter the lender determines the mortgagor
owes additional funds beyond those stated in the letter, some lenders return payments made in reliance on the
letter. Until the discrepancy in amounts owed is resolved, interest and potential fees continue to ac crue and
title to the property remains unclear.

The bill revises the estoppel letter process. The bill:
    Reduces the timeframe within which a lender must send a requested estoppel letter from 14 days to 10
        days;
    Prohibits a lender from qualifying, reserving the right to change, or conditioning or disclaiming the
        reliance of others on information provided in an estoppel letter;
    Allows a lender to send a corrected estoppel letter to supersede prior estoppel letters if the corrected
        letter is received by a certain date and time and before any payment is made in reliance on a previous
        estoppel letter;
    Prohibits a lender from denying the accuracy of an estoppel letter against anyone who relied on it, but
        permits recovery of the sum owed from the mortgagor;
    Requires a lender to both accept payment received in reliance on an estoppel letter and promptly apply
        such payment to the unpaid balance of the loan;
    Requires a lender to execute and record an instrument confirming release of the mortgage in the official
        records of the proper county, and send the recorded instrument to the mortgagor, within 60 days of
        receiving full payment of the loan secured by the mortgage; and
    Revises the definition of “estoppel letter.”

The bill has no fiscal impact on state or local governments. It may have an indeterminate positive fiscal impact
on the private sector.

The bill provides an effective date of October 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0743d.COM
DATE: 4/6/2023
                                                       FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:

        Current Situation

        Florida law currently defines an “estoppel letter” as a statement of the amount of the unpaid balance of a
        loan secured by a mortgage, including principal, interest, and any other charges due under or secured by
        the mortgage, and the interest on a per-day basis for the unpaid balance.1 An estoppel letter is often
        requested when selling property that serves as collateral for a mortgage, refinancing a mortgage, or paying
        off a mortgage. The request may be made by the mortgagor,2 the record title owner of the property, a
        fiduciary or trustee lawfully acting on behalf of the record title owner, or any other person lawfully
        authorized to act on behalf of the mortgagor or record title owner.3

        Depending on who requests the estoppel letter, the following information must be included:
            If the requesting party is the mortgagor or someone lawfully authorized to act on behalf of the
              mortgagor, the estoppel letter must include an itemization of the principal, interest, and any other
              charges properly due under or secured by the mortgage and interest on a per-day basis for the
              unpaid balance.4
            If the requesting party is the record title owner of the property or someone lawfully authorized to act
              on behalf of the record title owner, the estoppel letter may include the itemization of the information
              required above, but at a minimum must include the total unpaid balance due under or secured by
              the mortgage on a per-day basis.5

        Where the amount of money owed on a mortgage loan has been fully paid, the mortgagee or mortgage
        servicer (lender) must execute an instrument in writing confirming release of the mortgage, have the
        instrument acknowledged, and record the executed, acknowledged instrument in the official records of the
        property county.6 Within 60 days of receiving full payment of the mortgage loan, the lender must send the
        recorded release to the person who made the full payment. 7 In the case of a civil action arising out of this
        requirement, the prevailing party is entitled to attorney fees and costs. 8

        Some estoppel letters include language reserving the lender’s right to change the amounts listed in the
        estoppel letter and disclaiming the reliance of others on the information included in the estoppel letter. If the
        lender determines after sending the estoppel letter that the mortgagor owes additional money, some
        lenders return the funds received from the closing which were sent in reliance on the amount stated in the
        estoppel letter. This results in the continued accrual of interest, potential fees, and unclear title to the
        property until resolution of the discrepancy.




1 S. 701.041(1)(a), F.S.
2 Mortgagor means “[s]omeone who mortgages property; the mortgage -debtor or borrower.” Black’s Law Dictionary (11th ed. 2019).
3 S. 701.04(1), F.S.
4 S. 704.04(1)(a), F.S.
5 S. 704.04(1)(b), F.S.
6 S. 704.04(2), F.S.
7 Id.
8 Id.

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   Effect of the Bill

   Content of Estoppel Letters

   The bill standardizes the information that must be contained in an estoppel letter, regardless of whether the
   requestor is the mortgagor, a record title owner, or a person lawfully authorized to act on behalf of the
   mortgagor or record title owner. At a minimum, the letter must include:
       The unpaid balance of the loan secured by the mortgage as of the date specified in the letter,
           including an itemization of the principal, interest, and any other charges comprising the unpaid
           balance; and
       Interest accruing on a per-day basis for the unpaid balance, if applicable.

   Prohibition of Certain Activities on Behalf of Lenders

   The bill prohibits the lender from qualifying, reserving the right to change, or conditioning or disclaiming the
   reliance of others on the information provided in an estoppel letter; any attempt to do so is void and
   unenforceable. This prohibition does not apply to mortgages for which a notice of a lawsuit in a foreclosure
   action or a suggestion of bankruptcy has been properly filed and recorded.

   If the lender determines that any information in an estoppel letter is inaccurate, the lender may send a
   corrected estoppel letter. The corrected estoppel letter will supersede any prior estoppel letter, provided the
   corrected estoppel is received by 3 p.m. at least one business day before payment is made in reliance on
   the estoppel letter.

   If any information in the estoppel letter is inaccurate and a timely corrected estoppel letter is not sent, the
   bill prohibits the lender from denying the accuracy of the estoppel letter against any person who relied on it.
   However, this does not affect the lender’s right to recover any sum not included in the estoppel letter, nor
   does it limit any claim or defense to recovery that the borrower may have.

   If a payment is received at the location and in the manner specified by the lender, the lender must accept
   and may not return any payment received in reliance on the estoppel letter, and the lender must promptly
   apply such payment to the unpaid balance of the mortgage loan. This will prevent the accrual of interest
   and potential fees while the lender and the borrower work through any discrepancies as to the amount
   owed.

   Process for Requesting and Sending Estoppel Letters

   The bill reduces the timeframe within which a lender must send a requested estoppel letter setting forth the
   unpaid balance of the mortgage loan from 14 days to 10 days. If the request for an estoppel letter is made
   by a person other than the mortgagor, the request must include a copy of the instrument showing such
   person’s title in the property or other lawful authorization, and the lender must notify the mortgagor of the
   request.

   A written request for a mortgage payoff letter must be sent to the lender by first-class mail, postage
   prepaid; by common carrier delivery service; or by e-mail, facsimile, or other electronic means at the
   address made available by the lender for such purpose, or through an automated system provided by the
   lender for requesting an estoppel letter. The request is considered received:
        Five days after the request sent by first-class mail is deposited with the United States Postal
           Service;
        The day the request is delivered by a common carrier delivery service; or
        The day the request is sent by e-mail, facsimile, or other electronic means or through an automated
           system provided by the lender for requesting an estoppel letter.

   If any of the foregoing days fall on a Saturday, Sunday, or holiday, the request for an estoppel letter is
   considered timely received by the lender on the next business day.
   The bill also specifies the process by which an estoppel letter may be sent. The lender or servicer must
   send an estoppel letter by first-class mail; by common carrier delivery service; or by e-mail, facsimile, or
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DATE: 4/6/2023
   other electronic means, as directed in the written request, or through an automated system provided by the
   lender for this purpose. However, the lender is not required to pay for a common carrier delivery service. If
   the 10-day period after a written request is received by the lender ends on a Saturday, Sunday, or holiday,
   the estoppel letter is considered timely if it is sent by the close of business on the next business day.

   The bill requires the lender, within 60 days after the mortgage loan has been fully paid or paid pursuant to
   the estoppel letter, to execute, have duly entered in the official records of the proper county, and send to
   the mortgagor or record title owner an instrument acknowledging release of the mortgage (i.e., a
   satisfaction of mortgage or a release of mortgage). The prevailing party in a civil action brought against the
   lender to enforce this requirement is entitled to reasonable attorney fees and costs. The recorded release
   of the mortgage does not relieve the mortgagor, or the mortgagor’s successors or assigns, from any
   personal liability on the mortgage loan. In the event of a discrepancy in the amount owed on the mortgage
   loan, this provision will ensure clear title to the property while maintaining the lender’s ability to recover
   sums properly owed under the mortgage loan.

   The bill conforms the definition of “estoppel letter” in s. 701.041, F.S., to the estoppel letter requirements in
   s. 701.04, F.S.

   The bill provides legislative findings relating to the importance of the timeliness and accuracy of an
   estoppel letter to both the consumer and the lender.

   The provisions of the bill will apply to all mortgages, and all loans secured by such mortgages, existing as
   of, or entered into on or after, October 1, 2023.

   The bill provides an effective date of October 1, 2023.

   B. SECTION DIRECTORY:

       Section 1. Amends s. 701.04, F.S., relating to cancellation of mortgages, liens, and judgments.

       Section 2. Amends s. 701.041, F.S., relating to title insurer; mortgage release certificate.

       Section 3. Provides legislative findings.

       Section 4. Provides the bill applies to all mortgages, and all loans secured by such mortgages,
                  existing as of, or entered into on or after, October 1, 2023.

       Section 5. Provides an effective date of October 1, 2023.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

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       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill may have an indeterminate positive fiscal impact on the private sector. The bill may lead to
       smoother real estate closings to the extent that lenders provide more accurate information in estoppel
       letters. In the event of a discrepancy in the amount owed on the mortgage loan, the bill will prevent
       accrual of interest and potential fees while the lender and the borrower work through the issue.
       Additionally, the bill will ensure clear title to the property while maintaining the lender’s ability to recover
       sums properly owed under the mortgage loan.

   D. FISCAL COMMENTS:

       None.
                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

           Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

           None.

   B. RULE-MAKING AUTHORITY:

       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 743                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to estoppel letters; amending s.
    3               701.04, F.S.; revising the timeframe within which a
    4               mortgagee or mortgage servicer must send or cause to
    5               be sent an estoppel letter containing specified
    6               information; revising the circumstances under which a
    7               copy of the instrument showing title in the property
    8               or other lawful authorization must be included in a
    9               request for an estoppel letter; requiring notice to
10                  the mortgagor of a request for an estoppel letter
11                  under certain circumstances; revising requirements for
12                  an estoppel letter; prohibiting certain actions by the
13                  mortgagee or mortgage servicer; authorizing the
14                  mortgagee or mortgage servicer to send a corrected
15                  estoppel letter under certain circumstances; requiring
16                  a mortgagee or mortgage servicer to provide a copy of
17                  a corrected estoppel letter to a mortgagor under
18                  certain circumstances; providing that a corrected
19                  estoppel letter supersedes any previous estoppel
20                  letter under certain circumstances; prohibiting the
21                  mortgagee or mortgage servicer from denying the
22                  accuracy of certain information provided in an
23                  estoppel letter under certain circumstances; providing
24                  construction; prohibiting payments received pursuant
25                  to an estoppel letter from being returned and

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        HB 743                                                                                                2023




26               requiring such payments to be promptly applied to any
27               unpaid balance of the loan properly due under or
28               secured by a mortgage; providing methods for sending a
29               written request for an estoppel letter and for sending
30               an estoppel letter; providing that the mortgagee or
31               mortgage servicer is not required to pay for a common
32               carrier delivery service; requiring the mortgagee or
33               mortgage servicer to take certain actions within a
34               specified time after the unpaid balance of a loan
35               properly secured by a mortgage has been fully paid or
36               paid pursuant to an estoppel letter; authorizing
37               reasonable attorney fees and costs for specified
38               parties in certain civil actions; providing that
39               certain persons may still be personally liable for a
40               loan or other obligation after the recording of a
41               release of a mortgage; conforming provisions to
42               changes made by the act; amending s. 701.041, F.S.;
43               revising the definition of the term "estoppel letter";
44               conforming provisions to changes made by the act;
45               providing legislative findings; providing for
46               retroactive applicability; providing an effective
47               date.
48
49      Be It Enacted by the Legislature of the State of Florida:
50

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        HB 743                                                                                                2023




51               Section 1.         Section 701.04, Florida Statutes, is amended to
52      read:
53               701.04        Cancellation of mortgages, liens, and judgments. —
54               (1)(a)        Within 10 14 days after receipt of the written
55      request of a mortgagor, a record title owner of the property, a
56      fiduciary or trustee lawfully acting on behalf of a record title
57      owner, or any other person lawfully authorized to act on behalf
58      of a mortgagor or record title owner of the property, the
59      mortgagee holder of a mortgage shall deliver or mortgage cause
60      the servicer shall send or cause to be sent of the mortgage to
61      deliver to the person making the request at a place designated
62      in the written request an estoppel letter setting forth the
63      unpaid balance of the loan secured by the mortgage. If the
64      written request is made by a person other than the mortgagor,
65      the request must include a copy of the instrument showing such
66      person's title in the property or other lawful authorization,
67      and the mortgagee or mortgage servicer must notify the mortgagor
68      of the request.
69               (a)         If the mortgagor, or any person lawfully authorized to
70      act on behalf of the mortgagor, makes the request, the estoppel
71      letter must include an itemization of the principal, interest,
72      and any other charges properly due under or secured by the
73      mortgage and interest on a per-day basis for the unpaid balance.
74               (b)         If a record title owner of the property, or any person
75      lawfully authorized to act on behalf of a mortgagor or record

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         HB 743                                                                                                2023




 76      title owner of the property, makes the request:
 77               1.      The request must include a copy of the instrument
 78      showing title in the property or lawful authorization.
 79               2.      The estoppel letter may include the itemization of
 80      information required under paragraph (a), but must at a minimum
 81      include:
 82               1.      The total unpaid balance of the loan due under or
 83      secured by the mortgage as of the date specified in the estoppel
 84      letter, including an itemization of the principal, interest, and
 85      any other charges comprising the unpaid balance; and
 86               2.      Interest accruing on a per-day basis for the unpaid
 87      balance from and after the date specified in the estoppel
 88      letter, if applicable.
 89               (c)1.       Except for mortgages for which a notice of lis
 90      pendens in a foreclosure action or a suggestion of bankruptcy
 91      has been properly filed and recorded, the mortgagee or mortgage
 92      servicer may not qualify, reserve the right to change, or
 93      condition or disclaim the reliance of others on the information
 94      provided in an estoppel letter under paragraph (b), and any
 95      attempt to do so is void and unenforceable. However, if the
 96      mortgagee or mortgage servicer determines that any of the
 97      information provided in the estoppel letter under paragraph (b)
 98      was inaccurate, the mortgagee or mortgage servicer may send a
 99      corrected estoppel letter to the person who requested the
100      estoppel letter in the same manner as used to respond to the

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         HB 743                                                                                                2023




101      original written request. If the original written request is
102      made by a person other than the mortgagor, the mortgagee or
103      mortgage servicer must also provide a copy of any corrected
104      estoppel letter to the mortgagor.
105               2.      If the person who requested the original estoppel
106      letter under paragraph (a) receives a corrected estoppel letter
107      by 3 p.m. in such person's time zone at least 1 business day
108      before a payment is issued in reliance on the previous estoppel
109      letter, the corrected estoppel letter supersedes all prior
110      estoppel letters.
111               3.      If any of the information provided in the estoppel
112      letter under paragraph (b) was inaccurate, but the person who
113      requested the estoppel letter did not timely receive a corrected
114      estoppel letter as provided in subparagraph 2., the mortgagee or
115      mortgage servicer may not deny the accuracy of such information
116      as against any person who relied on it. This subparagraph does
117      not affect the right of a mortgagee to recover any sum that it
118      did not include in an estoppel letter from any person liable for
119      payment of the loan or other obligations secured by the
120      mortgage, nor does it limit any claim or defense to recovery
121      which such person may have at law or in equity on a per-day
122      basis.
123               (d)3.       The mortgagee or mortgage servicer of the mortgagee
124      acting in accordance with a request in substantial compliance
125      with this subsection paragraph is expressly discharged from any

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         HB 743                                                                                                2023




126      obligation or liability to any person on account of the release
127      of the requested information, other than the obligation to
128      comply with the terms of the estoppel letter.
129               (e)         If a payment is received at the location and in the
130      manner specified by the mortgagee or mortgage servicer, the
131      mortgagee or mortgage servicer must accept and may not return
132      any payment received in reliance on an estoppel letter and must
133      promptly apply such payment to the unpaid balance of the loan
134      properly due under or secured by the mortgage.
135               (f)1.        A written request for an estoppel letter under
136      paragraph (a) must be sent to the mortgagee or mortgage servicer
137      by first-class mail, postage prepaid; by common carrier delivery
138      service; or by e-mail, facsimile, or other electronic means at
139      the address made available by the mortgagee or mortgage servicer
140      for such purpose or through an automated system provided by the
141      mortgagee or mortgage servicer for requesting an estoppel
142      letter. The written request is considered received by the
143      mortgagee or mortgage servicer:
144               a.      Five business days after the request sent by first-
145      class mail is deposited with the United States Postal Service;
146               b.      The day the request is delivered by a common carrier
147      delivery service; or
148               c.      The day the request is sent by e-mail, facsimile, or
149      other electronic means or through an automated system provided
150      by the mortgagee or mortgage servicer for requesting an estoppel

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         HB 743                                                                                                2023




151      letter.
152
153      If any of the days in sub-subparagraph a., sub-subparagraph b.,
154      or sub-subparagraph c. fall on a Saturday, Sunday, or holiday
155      specified in s. 110.117(1) or the laws of the United States, the
156      request for an estoppel letter is considered timely received by
157      the mortgagee or mortgage servicer on the next business day.
158               2.      The mortgagee or mortgage servicer must send an
159      estoppel letter by first-class mail, postage prepaid; by common
160      carrier delivery service; or by e-mail, facsimile, or other
161      electronic means, as directed in the written request, or through
162      an automated system provided by the mortgagee or mortgage
163      servicer for this purpose. However, the mortgagee or mortgage
164      servicer is not required to pay for a common carrier delivery
165      service. If the 10-day period after a written request is
166      received by the mortgagee or mortgage servicer ends on a
167      Saturday, Sunday, or holiday specified in s. 110.117(1) or the
168      laws of the United States, the estoppel letter is considered
169      timely if it is sent by the close of business on the next
170      business day.
171               (g)(c)      Notwithstanding s. 655.059, a mortgagee or mortgage
172      servicer mortgage holder may provide the financial information
173      required under this subsection to a person authorized under this
174      subsection to request the financial information notwithstanding
175      s. 655.059.

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         HB 743                                                                                                2023




176               (2)(a)        Within 60 days after the unpaid balance of a loan
177      secured by a mortgage has been fully paid or paid pursuant to an
178      estoppel letter under subsection (1), whichever is earlier, the
179      mortgagee or mortgage servicer shall execute in writing an
180      instrument acknowledging release of the mortgage; have the
181      instrument acknowledged, or proven, and send it or cause it to
182      be sent for recording in the official records of the proper
183      county; and send or cause to be sent the recorded release to the
184      mortgagor or record title owner of the property. The prevailing
185      party in a civil action brought against the mortgagee or
186      mortgage servicer to enforce the requirements of this paragraph
187      is entitled to reasonable attorney fees and costs.
188               (b)         The recorded release of the mortgage does not relieve
189      the mortgagor, or the mortgagor's successors or assigns, from
190      any personal liability on the loan or other obligations
191      previously secured by the mortgage.
192               (3)(2)        Within 60 days after the unpaid balance Whenever
193      the amount of money due on a any mortgage, lien, or judgment has
194      been fully paid to the person or party entitled to the payment
195      thereof, the mortgagee, creditor, or assignee, or the attorney
196      of record in the case of a judgment, to whom the payment was
197      made, shall execute in writing an instrument acknowledging
198      satisfaction of the mortgage, lien, or judgment; and have the
199      instrument acknowledged, or proven, and send it or cause it to
200      be sent for recording duly entered in the official records of

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         HB 743                                                                                                2023




201      the proper county; and. Within 60 days after the date of receipt
202      of the full payment of the mortgage, lien, or judgment, the
203      person required to acknowledge satisfaction of the mortgage,
204      lien, or judgment shall send or cause to be sent the recorded
205      satisfaction to the person who has made the full payment. In the
206      case of a civil action arising out of this section, The
207      prevailing party in a civil action brought against the creditor
208      or assignee, or the attorney of record in the case of a
209      judgment, to enforce the requirements of this subsection is
210      entitled to reasonable attorney fees and costs.
211               (4)(3)        When Whenever a writ of execution has been issued,
212      docketed, and indexed with a sheriff and the judgment upon which
213      it was issued has been fully paid, it is the responsibility of
214      the person party receiving payment to request, in writing,
215      addressed to the sheriff, return of the writ of execution as
216      fully satisfied.
217               Section 2.         Paragraph (a) of subsection (1) and subsection
218      (2) of section 701.041, Florida Statutes, are amended to read:
219               701.041        Title insurer; mortgage release certificate. —
220               (1)         DEFINITIONS.—For purposes of this section:
221               (a)         "Estoppel letter" means a statement containing, at a
222      minimum, the information required in s. 701.04(1)(b) of the
223      amount of:
224               1.      The unpaid balance of a loan secured by a mortgage,
225      including principal, interest, and any other charges properly

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         HB 743                                                                                                2023




226      due under or secured by the mortgage.
227               2.      Interest on a per-day basis for the unpaid balance.
228               (2)         CERTIFICATE OF RELEASE.—An officer or duly appointed
229      agent of a title insurer may, on behalf of a mortgagor or a
230      person who acquired from the mortgagor title to all or a part of
231      the property described in a mortgage, execute a certificate of
232      release that complies with the requirements of this section and
233      record the certificate of release in the real property records
234      of each county in which the mortgage is recorded if a
235      satisfaction or release of the mortgage has not been executed
236      and recorded after the date payment in full of the loan properly
237      due under or secured by the mortgage was made in accordance with
238      an estoppel letter a payoff statement furnished by the mortgagee
239      or the mortgage servicer.
240               Section 3.         The Legislature finds that the timeliness and
241      accuracy of an estoppel letter is critical because the parties
242      to a real estate transaction must rely on the estoppel letter to
243      establish the loan payoff amount necessary to release the
244      mortgage, which in turn will allow the owner to confer clean
245      title to a buyer or to refinance the property. The Legislature
246      further finds that estoppel letters increasingly contain
247      conditional language disclaiming the ability of an owner to rely
248      on the stated loan payoff amounts, extending even to the return
249      of such payments submitted by owners. These practices create
250      unnecessary delays in the efficient operation of this state's

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         HB 743                                                                                                2023




251      real estate market, which is a vital economic contributor to
252      this state, and impose needless costs and burdens on property
253      owners and buyers. In addition, the Legislature finds that real
254      estate lending, mortgages, real estate transactions, and
255      estoppel letters are extensively regulated under both Florida
256      and federal law. The Legislature finds and determines that this
257      act makes changes to state law which appropriately balance the
258      parties' interests, are reasonable and necessary to serve and
259      achieve an important state interest, are necessary for the
260      prosperity and welfare of the state and its property owners and
261      inhabitants, and must be applied to existing mortgages in order
262      to provide effective relief.
263               Section 4.        This act applies to all mortgages, and all
264      loans secured by such mortgages, existing as of, or entered into
265      on or after, October 1, 2023.
266               Section 5.        This act shall take effect October 1, 2023.




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CS/HB 745
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 745 Emergency Communications
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee, McFarland
TIED BILLS:       IDEN./SIM. BILLS: SB 1418

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                   17 Y, 0 N, As CS        Walsh              Keating
     Subcommittee

  2) State Administration & Technology                        13 Y, 0 N               Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Walsh              Hamon


                                               SUMMARY ANALYSIS
The Division of Telecommunications (Division) within the Department of Management Service (DMS) is the
state entity responsible for developing, maintaining, planning, and implementing a statewide E911 system. The
secretary of DMS, or his or her designee, acts as the director of the system and is authorized to coordinate the
activities of the system with state, county, local, and private agencies.

The system director also serves as chair of the state’s E911 Board, an 11-member body that administers funds
derived from fees imposed on each user of voice communications services in Florida.

To fund Florida’s E911 system, voice communications services providers collect a fee from their customers on
a service identifier basis (e.g., from each active phone line or number with access to the E911 system). All
collected fees are deposited into the Emergency Communications Number E911 System Fund, which is
segregated into three categories (wireless, prepaid wireless, and non-wireless) and distributed as provided by
law to counties and wireless service providers.

The next progression in E911 systems is referred to as Next Generation 911 (NG911). Funds distributed by the
E911 Board support routine, ongoing service and maintenance costs of equipment and networks, but do not
cover all costs to upgrade systems and implement NG911 technologies.

The bill modifies the powers, duties, and composition of the E911 Board, which is renamed as the Emergency
Communications Board (Board), and expands the list of items that may be funded with E911 fee
disbursements. The bill modifies the statutory allocation of E911 fee revenues in the wireless category to more
closely match the actual allocation approved by the Board and eliminates the small remaining allocation to
wireless service providers.

The bill may have an indeterminate positive fiscal impact to the state and a minimal fiscal impact on local
governments and the private sector. See Fiscal Analysis & Economic Impact Statement.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Since 1974, Florida law has designated the telephone number “911” as the state’s emergency
         communications number to provide rapid direct access to public safety agencies. 1 In 1999, the concept
         of “Enhanced 911” or “E911” service was established in Florida law to describe 911 service provided to
         wireless telephone users.2 Today, under the Emergency Communications Number E911 Act, 3 the term
         “E911,” as used in Florida law, refers more broadly to an enhanced 911 system or service that provides
         any user of voice communications services 4 with 911 service. E911 service directs calls to appropriate
         public safety answering points (PSAPs) 5 by selective routing based on the geographical location from
         which a 911 call originated and provides for automatic number and location identification. 6

         The next progression in E911 systems is referred to as Next Generation 911 (NG911). According to the
         E911 Board’s 2021 Annual Report, NG911 requires a total replacement of legacy 911 systems with
         Internet Protocol (IP) networks and core services. NG911 includes IP-based 911 call routing systems,
         geographic information systems, and management information systems to be implemented statewide
         with interconnectivity among systems and across jurisdictional boundaries. An NG911 call routing
         system is designed to handle voice, data, text and video on a standardized IP-based platform.7

         Governance

         The Division of Telecommunications (Division) within the Department of Management Service (DMS) is
         the state entity responsible for developing, maintaining, and implementing a statewide E911 system
         plan. The secretary of DMS or his or her designee acts as the director of the system and is authorized
         to coordinate the activities of the system with state, county, local, and private agencies . The system
         director must consult, cooperate, and coordinate with local law enforcement agencies. 8

         The system director also serves as chair of the state’s E911 Board, an 11-member body that
         administers funds derived from fees imposed on each user of voice communications services with a
         Florida billing address (place of primary use). The remaining 10 members are appointed by the
         Governor. Five members must be county 911 coordinators, including one from a rural county, one from
         a medium county, one from a large county, and two at-large representatives recommended by the
         Florida Association of Counties in consultation with the county 911 coordinators. The other five
         members represent the telecommunications industry, including three representatives of local exchange
         companies and two representatives of the wireless industry. Members are appointed to staggered 4-
         year terms, subject to a limit of two successive terms. 9

         Funding


1 Ch. 74-357, L.O.F.
2 See Ch. 99-367, L.O.F.
3 Ch. 2007-78, L.O.F.
4
  S. 365.172, F.S., defines “voice communications services” as “two -way voice service, through the use of any technology, which
actually provides access to E911 services, and includes communications services, as defined in s. 202.11, which actually provide
access to E911 services and which are required to be included in the provision of E911 services pursuant to orders and rules adopted
by the Federal Communications Commission. The term includes voice -over-Internet-protocol service. …”
5 S. 365.172, F.S., defines a “public safety answering point” as “the public safety agency that receives incoming 911 requests for

assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with the state E911 pla n.”
6 E911 service provided by a wireless provider is subject to orders and rules of the Federal Communications Commission. See s.

365.172(3)(h) and (t), F.S.
7 Florida Department of Management Services, 2021 E911 Board Annual Report, at p. 9-10, available at

https://www.dms.myflorida.com/content/download/155677/1033501/E911BoardAnnualReportFor20202021final_2.28.2022.pdf (last
visited March 3, 2023).
8 S. 365.171(4) and (5), F.S.
9 S. 365.172(5), F.S.

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         To fund Florida’s E911 system, voice communications services providers (providers) collect a fee from
         their customers on a service identifier basis (e.g., from each active phone line or number with access to
         the E911 system). The fee is imposed upon local exchange services, prepaid and billed wireless
         services, and other voice communications services that have access to E911 service, such as Voice
         over Internet Protocol.10 Sellers of prepaid wireless services (sellers) must collect this fee from
         customers with each retail transaction in the state.11 The fee is currently set at a uniform statewide rate
         of 40 cents per month for each service identifier.12 The E911 Board is authorized to adjust the fee as
         necessary to ensure full recovery of the costs incurred by counties and wireless service providers to
         provide E911 service and to prevent over-recovery of those costs, subject to a cap of 50 cents per
         month for each service identifier.13,14

         All collected fees are deposited into the Emergency Communications Number E911 System Fund,
         which is segregated into three categories: wireless, prepaid wireless, and non-wireless.15 Three percent
         of the funds in each category is distributed by the E911 Board to rural counties to provide facilities and
         network and service enhancements and assistance for their 911 or E911 systems and for grants to
         rural counties to upgrade and replace E911 systems. Further, the E911 Board may retain no more than
         one percent of the funds from each category to cover its administrative costs. For Fiscal Year (FY)
         2020-2021, the E911 Board distributed the remaining 96 percent of funds to counties and wireless
         providers as follows:16

                  Wireless Category
                      o 94.75 percent to counties for authorized expenditures and costs to comply with FCC
                          requirements for E911 service (funds allocated by county based on total number of
                          service identifiers in each county)
                      o An additional 1 percent to rural county grants
                      o 0.25 percent to wireless service providers for reimbursement of actual costs to provide
                          911 or E911 service and costs to comply with FCC requirements for E911 service 17

                  Prepaid Wireless Category
                      o 61 percent to counties for authorized expenditures (funds allocated by county based on
                          total amount of fees reported and paid in each county)
                      o 35 percent for statewide grants awarded by the E911 Board18

                  Non-Wireless Category
                      o 96 percent to counties for authorized expenditures (funds allocated by county based on
                         total number of service identifiers in each county

         The E911 Board’s 2021 Annual Report states that, for FY 2020-2021, the allocation from the wireless
         category to wireless service providers was decreased from 8 percent down to 0.25 percent due to a


10 S. 365.172(8), F.S.
11 S. 365,172(9), F.S. Collection is optional for prepaid wireless service sales of 10 minutes or less or $5 or less.
12
   S. 365.172(8), F.S. In counties that, before July 1, 2007, had adopted an ordinance or resolution establishing a fee less tha n 50 cents
per month per line, the applicable rate may be higher than 40 cents per month, but any future changes must be consistent with t he
uniform statewide rate. Those counties are Duval (44 cents per month), Lee (44 cents per month), and Volusia (41 cents per mo nth).
Florida Department of Management Service, supra note 5, at 7.
13 Id.
14
   The statutory fee cap of 50 cents per month has remained unchanged since its adoption in 1985. See Ch. 85-317, L.O.F.
15 S. 365.172(3)(k), (8)(d), and (9)(i); s. 365.173(1)(c), F.S. Each provider may retain 1 percent of collected fees as reimbursement for

its administrative costs to bill, collect, and remit the fee. Each seller of prepaid wireless service may retain 5 percent of collected fees as
a collection allowance. Fees collected from prepaid wireless service are remitted to the Department of Revenue, which may retain up to
3.2 percent of remitted fees to reimburse its direct costs to administer collection and remittance of the fees.
16 S. 365.173 (2), F.S., specifies the allocation of these funds but authorizes the E911 Board to modify allocations if necessary to

ensure full cost recovery or prevent over-recovery of costs incurred in the provision of E911 service. The allocations presented above
are based on the E911 Board’s 2021 Annual Report, supra note 6.
17 The E911 Board may use, as needed, undisbursed funds from the allotment to wireless service providers to provide grants to

counties for purposes of upgrading E911 systems. S. 365.172(6)(a)3.b., F.S.
18 Grants awarded with these funds are prioritized as follows: first, for counties to upgrade or replace E911 systems; next, for counties

to develop and maintain statewide 911 routing, geographic, and management information systems; last, for counties to develop and
maintain next-generation 911 services and equipment. S. 365.173(h), F.S.
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        decrease in the need for reimbursements to those providers. As a result, the allocation to counties
        increased by 6.75 percent, and the remaining 1 percent was allocated to rural county grants.

        Authorized expenditures include all costs directly attributable to the establishment or provision of E911
        service and contracting for E911 services. Specifically, these costs include the acquisition,
        implementation, and maintenance of PSAP equipment and E911 service features, as defined in voice
        communications services providers’ published schedules, or the acquisition, installation, and
        maintenance of other E911 equipment, including:

                Circuits
                Call answering equipment
                Call transfer equipment
                ANI or ALI controllers
                ANI or ALI displays
                Station instruments
                E911 telecommunications systems
                Visual call information and storage devices
                Recording equipment
                Telephone devices and other equipment for the hearing impaired used in the E911 system
                PSAP backup power systems
                Consoles
                Automatic call distributors, and interfaces, including hardware and software, for computer-aided
                 dispatch (CAD) systems
                Integrated CAD systems for that portion of the systems used for E911 call taking
                GIS system and software equipment and information displays
                Network clocks
                Salary and associated expenses for E911 call takers for that portion of their time spent taking
                 and transferring E911 calls, salary, and associated expenses for a county to employ a full-time
                 equivalent E911 coordinator position and a full-time equivalent mapping or geographical data
                 position, and technical system maintenance, database, and administration personnel for the
                 portion of their time spent administrating the E911 system
                Emergency medical, fire, and law enforcement prearrival instruction software
                Charts and training costs
                Training costs for PSAP call takers, supervisors, and managers in the proper methods and
                 techniques used in taking and transferring E911 calls
                Costs to train and educate PSAP employees regarding E911 service or E911 equipment,
                 including fees collected by the Department of Health for the certification and recertification of
                 911 public safety telecommunicators as required under s. 401.465, F.S.
                Expenses required to develop and maintain all information, including ALI and ANI databases
                 and other information source repositories, necessary to properly inform call takers as to location
                 address, type of emergency, and other information directly relevant to the E911 call-taking and
                 transferring function
                Next-generation E911 network services, next-generation E911 database services, next-
                 generation E911 equipment, and wireless E911 routing systems

        For FY 2020-2021, the E911 Board disbursed a total of $121.3 million. Of that amount, $104.8 million
        was disbursed to counties, $1.14 million was disbursed to wireless service providers, and $2 million
        was retained to cover the operation and administration of the E911 Board. The remaining $13.36
        million was disbursed to counties as grants and supplemental disbursements.19

        Status of Statewide E911, NG-911, and Text-to-911 Services

        All 67 counties in Florida maintain and upgrade non-wireless and wireless E911 systems. Funds
        distributed by the E911 Board support routine, ongoing service and maintenance costs of equipment

19 Florida Department of Management Services, supra note 7, at 8.

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           and networks, but do not cover all costs to upgrade systems and implement NG911 technologies. In
           2021, fee revenue, special disbursements, and grants funded 44 percent of counties’ total expenses. 20

           An early step toward NG911 is the provision of Text-to-911 service, which uses Short Message Service
           (SMS) to allows citizens who cannot hear or speak to gain access to 911 without the requirement of
           special equipment or subscription to relay services for the hearing and speech impaired. As of
           December 31, 2021, 85 percent of Florida counties (57 of 67), offered Text-to-911 service, with the
           remainder estimated to be completed in 2022.21

           According to the E911 Board, some of the more progressive and financially capable counties in the
           state have already either started the NG911 planning for their counties or have begun the transition to
           NG-911 ready systems and networks without grant or supplemental funding sources. Some counties
           are taking advantage of E911 State Grant opportunities to initiate the NG911 transition.

           Effect of the Bill

           The bill modifies the powers, duties, and composition of the E911 Board, which is renamed as the
           Emergency Communications Board (Board), and expands the list of items that may be funded with
           E911 fee disbursements. The bill modifies the statutory allocation of E911 fee revenues in the wireless
           category to more closely match the actual allocation approved by the Board and eliminates the small
           remaining allocation to wireless service providers.

           The bill amends the short title of s. 365.172, F.S., to reflect a move away from using the term “E911” in
           statute, by renaming the section the “Emergency Communications Act” (Act). The bill further reflects
           this change by replacing or striking language referencing “E911” throughout ss. 365.171-365.174, F.S.,
           s. 365.177, F.S., and s. 212.05965, F.S.

           The bill modifies the legislative intent of the Act. Per the changes in the bill, it is the intent of the
           Legislature that the Act:
               Establish and implement statewide emergency communications and response capabilities using
                   modern technologies and methods;
               Provide funds to counties and state agencies that operate 911 centers for the costs of public
                   safety and emergency response capabilities and costs incurred to purchase, upgrade, and
                   maintain 911, computer aided dispatch, and interoperable radio communications systems;
               Levy a reasonable fee on users of voice communications services to accomplish these
                   purposes;
               Provide for an Emergency Communications Board that is competitively and technologically
                   neutral as to all communications services providers, not just voice communications services
                   providers; and
               Ensure that the fee established by the Act for emergency communications systems is used
                   exclusively by counties and state agencies that operate 911 centers.


           The bill modifies the powers, duties, and composition of the newly renamed Emergency
           Communications Board (Board). The bill states that the Board, with oversight by the Division of
           Telecommunications (Division), is established to:
                Administer governance for how emergency infrastructure and information are handled from
                   receipt at a PSAP and routing to first responders;
                Create a financial model for the state government and local governments to use existing
                   revenue sources to invest in public safety communication and technology for first responders;
                   and
                Administer a financially stable model of public safety communications and technology that will
                   benefit the state government, local government, residents, and visitors.


20 Id., at 9, 15.
21 Id.

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         The bill specifies that the public safety funding administered by the board is not limited to, but must
         focus on:
              Next Generation 911 (NG911);22
              Emergency Services IP Network (ESInet);
              Computer Aided Dispatch (CAD);23
              Interfaces, including Land Mobile Radio (LMR), Smart City Technology,24 and In-Building
                 Coverage;
              Public Safety Broadband Networks; and
              Cybersecurity.

         The bill revises the structure of the Board, by reducing the number of Board members from eleven to
         nine, one of whom must be the system director. The bill states that the remaining eight members of the
         Board must be Florida residents and appointed by the Governor. The bill provides that consideration
         should be given for members from rural, medium, and large counties from a broad range of fields,
         including, but not limited to, experience in law enforcement, fire response, emergency medical services,
         911 coordination, public safety dispatch, and telecommunications. The bill updates how the Governor
         may initially appoint members, by staggering the terms for which the initial Board members may be
         appointed.

         Under the bill, the Board is given the additional responsibility of ensuring the interoperability of and
         connectivity between public safety communication systems within the state, such as:
             Call routing accuracy and timeliness of response;
             Improved interagency communication and situational awareness;
             Improved interagency connectivity;
             Improved response times;
             Maximized use of emerging technologies;
             Improved lifecycle management of the emergency response systems, equipment, and services
                that enable public safety officials to share information securely;
             Policy and procedure across public safety agencies; and
             Resilient, and secure emergency communication systems to reduce cybersecurity threats and
                vulnerabilities.

         The bill provides that the Board may create subcommittees to advise the Board as needed.

         The bill specifies that the Board may establish a schedule for implementing NG911 systems, public
         radio communications systems, and other public safety radio communications improvements. The bill
         authorizes the Board to prioritize disbursement of revenues pursuant to the established schedule in
         order to implement 911 services in the most efficient and cost-effective manner.

         Under the current law, the Board must establish a committee to review requests for proposals. The bill
         removes the requirement that the committee include two members of the board, one of which is a
         county 911 coordinator and one of which represents a voice communications services providers.



22 The bill defines “Next Generation 911” or “NG911” as an Internet Protocol (IP) -based system comprised of:

          • Managed Emergency Services IP networks (ESInets);
          • Functional elements (applications); and
          • Databases that replicate traditional E911 features and functions and provide additional capabilities.
The bill further clarifies that the NG911 system is “designed to provide access to emergency services from all connected
communications sources and provide multimedia data capabilities for Public Safety Answering Points (PSAPs) and other emergenc y
service organizations.”
23 The bill defines “Computer Aided Dispatch” or “CAD” as “a computerized system for entering, tracking, dispatching, and resolving

requests for public safety services.”
24 Smart city technology refers to technology, including sensors, that a city uses to collect data for resource management; exa mples

include: smart parking spots, water conservation technology, smart traffic system management, and adaptable buildings. Smart City
Technologies That Could Soon Change The Way We Live And Work , Forbes (Jul. 27, 2022),
https://www.forbes.com/sites/forbestechcouncil/2022/07/27/smart-city-technologies-that-could-soon-change-the-way-we-live-and-
work/?sh=1a2c97371be0 (last visited Apr. 5, 2023).
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       Per the bill, the Board is also responsible for administering the Public Safety Emergency
       Communications Systems Fee (formerly the “E911” fee), including receiving revenues, distributing
       portions of the revenues, accounting for the moneys maintained in the fund, and providing annual
       reports for review and submission to the Governor and the Legislature.

       The bill states that before the Board distributes revenue from the fund, it must provide 90 days’ written
       notice to all counties and state agencies that operate 911 centers, and publish electronically an
       approved application process. The bill provides means by which county applications must be prioritized,
       which shall be based on the availability of funds, current system life expectancy, and system
       replacement needs. The board must, within its authority, ensure that county recipients of the funds use
       the funds only for the purpose for which they were provided. If the Board determines that the funds
       were not used for the purpose for which they were provided, the Board may, within its authority, secure
       county repayment of such funds.

       The bill specifies that the Board must meet quarterly to review and authorize the schedule of fee
       allocation transfers and distributions to the counties and state agencies that operate 911 centers.

       The bill strikes the following provisions under current law related to the Public Safety Emergency
       Communications Systems Fee:
           A county that before July 1, 2007, had a adopted an ordinance or resolution establishing a fee
               of less than 50 cents per month per access line is an exception to the requirement that the fee
               of 40 cents per month be applied uniformly and throughout the state; and
           The requirement that when the Board sets percentages or contemplates any adjustments to the
               fee, that the Board consider revenues currently allocated for wireless service provider costs for
               implementing E911 service and projected costs for implementing E911 service, including
               recurring costs for Phase I and Phase II and the effect of new technologies.

       For the purposes of the fees, the bill states that emergency communications and 911 service include
       the functions relating to the receipt and transfer of requests for emergency assistance, of database
       management, call taking, and location verification. The bill also updates the list of costs that are eligible
       for expenditure of moneys derived from imposition of the fee, and requires that these costs be
       attributable to emergency communications equipment and services related to a primary or secondary
       public safety answering point. These costs now include:
             NG911 telecommunications systems;
             Emergency Services IP Network ESInet;
             Automatic call distributors,
             Interfaces, including hardware and software, for CAD systems, public safety land mobile radio
                systems (LMR) and radios consoles that provide two-way communication with responders, and
                in-building coverage;
             Cybersecurity, including hardware, software, and services;
             Salary associated with expenses for all 911 call takers and emergency dispatchers;
             Training costs for dispatchers in proper methods and techniques used in taking and transferring
                911 calls;
             Costs to train and educate employees regarding 911 radio service or NG911 equipment; and
             Expenses required to develop and maintain all databases and information source repositories
                necessary to properly inform call takers as to smart city technology data, public safety
                broadband networks, and other information directly relevant to the processing of a request for
                emergency assistance.

       The bill further clarifies that money from the fee may not be used for costs for utilities.




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       The bill modifies the statutory allocation of fee revenues in the wireless category by providing that:
           Ninety-four of the funds shall be distributed each month to counties, based on the total number
               of service identifiers in each county and shall be used exclusively for payment of authorized
               expenditures;
           One percent of the funds shall be distributed to state agencies that operate 911 centers and
               shall be used exclusively for authorized expenditures;
           An additional one percent of the funds shall be used to make monthly distributions to rural
               counties for certain purposes; and
           The Board will no longer transfer twenty percent of the funds to wireless providers for the cost of
               operating 911 or E911 services.

       Lastly, the bill provides that the Division shall develop a new plan by December 30, 2023, to upgrade
       911 public safety answering points within the state to allow the transfer of an emergency call from one
       local, multijurisdictional, or regional E911 system to another local, multijurisdictional, or regional E911
       system in the state.

       The bill provides an effective date of July 1, 2023.

   B. SECTION DIRECTORY:
       Section 1.     Amends s. 365.172, F.S., relating to emergency communications.

       Section 2.     Amends s. 365.173, F.S., relating to Emergency Communications Fund.

       Section 3.     Amends s. 365.177, F.S., relating to transfers of E911 calls between systems.

       Section 4.     Amends s. 212.05965, F.S., relating to taxation of marketplace sales.

       Section 5.     Amends s. 365.171, F.S., relating to emergency communications state plan.

       Section 6.     Amends s. 365.174, F.S., relating to proprietary confidential business information.

       Section 7.     Provides an effective date of July 1, 2023.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill may increase revenues to state agencies to the extent that funds are transferred for the
           operation of state 911 call centers.

       2. Expenditures:
           The bill authorizes public safety emergency communications fees to be used by state agencies that
           have 911 call centers to pay for costs associated with public safety emergency response
           capabilities and costs incurred to purchase, upgrade, and maintain 911 systems, computer aided
           dispatch, and systems to create interoperable radio communications systems.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           Three counties (Duval, Lee, and Volusia) will see a slight reduction in fee revenues from their Local
           Exchange Carriers (LECs). Currently Duval and Lee receive $0.44 and Volusia $0.41 per
           subscriber from their LECs and $0.40 from VoIP, wireless and prepaid providers. All other counties
           receive $0.40 across the board. This legislation will bring Duval, Lee, and Volusia counties into
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DATE: 4/6/2023
            alignment with the rest of the state. The decrease in revenue for these counties will be mitigated by
            the increase of wireless and VoIP subscribers as LEC subscribers upgrade to newer technology. 25
        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Wireless carries may see a small decrease in funds used for 911 implementation.

        FISCAL COMMENTS:

        None.


                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
           Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
           action requiring the expenditures of funds; reduce the authority that counties or municipalities have
           to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
           municipalities.

        2. Other:
           None.

    B. RULE-MAKING AUTHORITY:
        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        The bill indicates that the Board is established to “[a]dminister governance for how emergency
        infrastructure and information, such as voice, text, data, and images, are handled from receipt at a
        PSAP and routing to first responders”. This language is ambiguous as to whether the Board must adopt
        policies, enforce them, or both. The bill also states that the Board is established to “[a]dminister a
        financially sustainable model dedicated to public safety communications and technology . . .” The bill
        does not indicate what type of model is contemplated. An amendment is anticipated to address these
        concerns.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
    On March 7, 2023, the Energy, Communications & Cybersecurity Subcommittee adopted a strike-all
    amendment and reported the bill favorably as a committee substitute. The amendment:
        Corrects obsolete references to “E911;”
        Clarifies the services on which public safety funding must be focused;
        Changes the number of Board members and refines the criteria and process for Board member
          appointment;
        Requires that the Board notify state agencies that operate 911 centers of an approved application
          process for funding;
        Reinserts the following provisions:
              o Providers are not obligated to take legal action to enforce collecting the public safety
                 emergency communications systems fee (fee) from customers, and



25 Florida Department of Management Services, Agency Analysis of 2023 HB 745, p. 5, (March 15, 2023).

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DATE: 4/6/2023
              o    A county subscribing to 911 service remains liable for charges owed to the provider
                   delivering the 911 service or equipment;
          Clarifies that services related to a primary or secondary PSAP are eligible for funds derived from
           the fee;
          Updates the following items eligible to receive funds derived from the fee:
               o Types of radios, and
               o Types of databases and other information source repositories;
          Changes the percentage of funds in the wireless category to be distributed each month to counties
           to ninety-four percent;
          Requires one percent of the funds in the wireless category to be distributed to state agencies that
           operate 911 centers; and
          Clarifies that distributed funds shall be used for authorized expenditures.

   This analysis is drafted to the committee substitute as passed by the Energy, Communications &
   Cybersecurity Subcommittee.




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           CS/HB 745                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to emergency communications; amending
    3              s. 365.172, F.S.; revising short title; revising
    4              legislative intent; revising and providing
    5              definitions; renaming the E911 Board as the Emergency
    6              Communications Board; providing the purpose of the
    7              board; revising the composition of the board;
    8              establishing board responsibilities; requiring the
    9              board to administer fees; authorizing the board to
10                 create subcommittees; authorizing the board to
11                 establish schedules for implementing certain wireless
12                 systems and improvements; establishing notice and
13                 publication requirements before distribution of
14                 revenues; providing for priority of county
15                 applications for funds; requiring board oversight of
16                 such funds; eliminating certain authority of the
17                 board; providing for the board's authority to
18                 implement changes to the allocation percentages or to
19                 adjust the fee; revising the frequency of board
20                 meetings and the business to be conducted at such
21                 meetings; revising the composition of a committee that
22                 reviews requests for proposals from the board
23                 regarding independent accounting firm selection;
24                 revising provisions relating to the public safety
25                 emergency communications systems fee; requiring

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        CS/HB 745                                                                                            2023




26              uniform application and imposition of the fee;
27              revising the factors that the board considers when
28              setting percentages or contemplating adjustments to
29              the fee; updating provisions relating to the prepaid
30              wireless public safety emergency communications
31              systems fee; revising emergency communications and 911
32              service functions; revising the types of emergency
33              communications equipment and services that are
34              eligible for expenditure of moneys derived from the
35              fee; amending s. 365.173, F.S.; renaming the
36              Communications Number E911 System Fund as the
37              Emergency Communications Fund; revising the percent
38              distribution of the fund to be used exclusively for
39              payment of certain authorized expenditures; removing
40              the percent distribution of wireless providers; adding
41              a specified percent distribution to rural counties;
42              amending s. 365.177, F.S.; extending the date by which
43              the Division of Telecommunications within the
44              Department of Management Services must develop a plan
45              to upgrade 911 public safety answering points;
46              amending ss. 212.05965, 365.171, and 365.174, F.S.;
47              conforming provisions to changes made by the act;
48              providing an effective date.
49
50      Be It Enacted by the Legislature of the State of Florida:

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        CS/HB 745                                                                                            2023




51
52              Section 1.         Section 365.172, Florida Statutes, is amended
53      to read:
54              365.172        Emergency communications. number "E911."—
55              (1)         SHORT TITLE.—This section may be cited as the
56      "Emergency Communications Number E911 Act."
57              (2)         LEGISLATIVE INTENT.—It is the intent of the
58      Legislature to:
59              (a)         Establish and implement a comprehensive statewide
60      emergency communications and response capability using modern
61      technologies and methods. telecommunications number system that
62      will provide users of voice communications services within the
63      state rapid direct access to public safety agencies by accessing
64      the telephone number "911."
65              (b)         Provide funds to counties and state agencies that
66      operate 911 centers to pay certain costs associated with their
67      public safety emergency response capabilities and costs incurred
68      to purchase, upgrade, and maintain 911 systems, computer aided
69      dispatch, and systems to create interoperable radio
70      communications systems E911 or 911 systems, to contract for E911
71      services, and to reimburse wireless telephone service providers
72      for costs incurred to provide 911 or E911 services.
73              (c)         Levy a reasonable fee on users of voice communications
74      services, unless otherwise provided in this section, to
75      accomplish these purposes.

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         CS/HB 745                                                                                            2023




 76              (d)         Provide for an Emergency Communications Board E911
 77      board to administer the fee, with oversight by the office, in a
 78      manner that is competitively and technologically neutral as to
 79      all voice communications services providers.
 80              (e)         Ensure that the fee established for emergency
 81      communications systems is used exclusively for recovery by
 82      wireless providers and by counties and state agencies that
 83      operate 911 centers for costs associated with developing and
 84      maintaining emergency communications E911 systems and networks
 85      in a manner that is competitively and technologically neutral as
 86      to all voice communications services providers.
 87
 88      It is further the intent of the Legislature that the fee
 89      authorized or imposed by this section not necessarily provide
 90      the total funding required for establishing or providing
 91      emergency communications systems and services E911 service.
 92              (3)         DEFINITIONS.—Only as used in this section and ss.
 93      365.171, 365.173, 365.174, and 365.177, the term:
 94              (a)         "Authorized expenditures" means expenditures of the
 95      fee, as specified in subsection (10).
 96              (b)         "Automatic location identification" means the
 97      capability of the E911 service which enables the automatic
 98      display of information that defines the approximate geographic
 99      location of the wireless telephone, or the location of the
100      address of the wireline telephone, used to place a 911 call.

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101              (c)         "Automatic number identification" means the capability
102      of the E911 service which enables the automatic display of the
103      service number used to place a 911 call.
104              (d)         "Board" or "Emergency Communications Board" "E911
105      Board" means the board of directors of the E911 Board
106      established in subsection (5).
107              (e)         "Building permit review" means a review for compliance
108      with building construction standards adopted by the local
109      government under chapter 553 and does not include a review for
110      compliance with land development regulations.
111              (f)         "Collocation" means the situation when a second or
112      subsequent wireless provider uses an existing structure to
113      locate a second or subsequent antennae. The term includes the
114      ground, platform, or roof installation of equipment enclosures,
115      cabinets, or buildings, and cables, brackets, and other
116      equipment associated with the location and operation of the
117      antennae.
118              (g)         "Computer Aided Dispatch" or "CAD" means a
119      computerized system for entering, tracking, dispatching, and
120      resolving requests for public safety services.
121              (h)(g)        "Designed service" means the configuration and
122      manner of deployment of service the wireless provider has
123      designed for an area as part of its network.
124              (i)(h)        "Enhanced 911" or "E911" means an enhanced 911
125      system or enhanced 911 service that is an emergency telephone

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126      system or service that provides a subscriber with 911 service
127      and, in addition, directs 911 calls to appropriate public safety
128      answering points by selective routing based on the geographical
129      location from which the call originated, or as otherwise
130      provided in the state plan under s. 365.171, and that provid es
131      for automatic number identification and automatic location -
132      identification features. The 911 E911 service provided by a
133      wireless provider means E911 as defined in the order.
134              (j)(i)       "Existing structure" means a structure that exists
135      at the time an application for permission to place antennae on a
136      structure is filed with a local government. The term includes
137      any structure that can structurally support the attachment of
138      antennae in compliance with applicable codes.
139              (k)(j)       "Fee" or "public safety emergency communications
140      systems fee" means the E911 fee authorized and imposed under
141      subsections (8) and (9).
142              (l)(k)       "Fund" means the Emergency Communications Number
143      E911 System Fund established in s. 365.173 and maintained under
144      this section for the purpose of recovering the costs associated
145      with providing emergency communications 911 service or E911
146      service, including the costs of implementing the order. The fund
147      shall be segregated into wireless, prepaid wireless, and
148      nonwireless categories.
149              (m)(l)       "Historic building, structure, site, object, or
150      district" means any building, structure, site, object, or

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         CS/HB 745                                                                                            2023




151      district that has been officially designated as a historic
152      building, historic structure, historic site, historic object, or
153      historic district through a federal, state, or local designation
154      program.
155              (n)(m)        "Land development regulations" means any ordinance
156      enacted by a local government for the regulation of any aspect
157      of development, including an ordinance governing zoning,
158      subdivisions, landscaping, tree protection, or signs, the local
159      government's comprehensive plan, or any other ordinance
160      concerning any aspect of the development of land. The term does
161      not include any building construction standard adopted under and
162      in compliance with chapter 553.
163              (o)(n)        "Local exchange carrier" means a "competitive local
164      exchange telecommunications company" or a "local exchange
165      telecommunications company" as defined in s. 364.02.
166              (p)(o)        "Local government" means any municipality, county,
167      or political subdivision or agency of a municipality, county, or
168      political subdivision.
169              (q)(p)        "Medium county" means any county that has a
170      population of 75,000 or more but less than 750,000.
171              (r)(q)        "Mobile telephone number" or "MTN" means the
172      telephone number assigned to a wireless telephone at the time of
173      initial activation.
174              (s)         "Next Generation 911" or "NG911" means an Internet
175      Protocol(IP)-based system comprised of managed Emergency

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         CS/HB 745                                                                                            2023




176      Services IP networks (ESInets), functional elements
177      (applications), and databases that replicate traditional E911
178      features and functions and provides additional capabilities. The
179      NG911 system is designed to provide access to emergency services
180      from all connected communications sources and provide multimedia
181      data capabilities for Public Safety Answering Points (PSAPs) and
182      other emergency service organizations.
183              (t)(r)       "Nonwireless category" means the revenues to the
184      fund received from voice communications services providers other
185      than wireless providers.
186              (u)(s)       "Office" means the Division of Telecommunications
187      within the Department of Management Services, as designated by
188      the secretary of the department.
189              (v)(t)       "Order" means:
190              1.      The following orders and rules of the Federal
191      Communications Commission issued in FCC Docket No. 94 -102:
192              a.      Order adopted on June 12, 1996, with an effective date
193      of October 1, 1996, the amendments to s. 20.03 and the creation
194      of s. 20.18 of Title 47 of the Code of Federal Regulations
195      adopted by the Federal Communications Commission pursuant to
196      such order.
197              b.      Memorandum and Order No. FCC 97-402 adopted on December
198      23, 1997.
199              c.      Order No. FCC DA 98-2323 adopted on November 13, 1998.
200              d.      Order No. FCC 98-345 adopted December 31, 1998.

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201              2.      Orders and rules subsequently adopted by the Federal
202      Communications Commission relating to the provision of 911
203      services, including Order Number FCC-05-116, adopted May 19,
204      2005.
205              (w)(u)       "Prepaid wireless category" means all revenues in
206      the fund received through the Department of Revenue from the fee
207      authorized and imposed under subsection (9).
208              (x)(v)       "Prepaid wireless service" means a right to access
209      wireless service that allows a caller to contact and interact
210      with 911 to access the 911 system, which service must be paid
211      for in advance and is sold in predetermined units or dol lars,
212      which units or dollars expire on a predetermined schedule or are
213      decremented on a predetermined basis in exchange for the right
214      to access wireless service.
215              (y)(w)       "Public agency" means the state and any
216      municipality, county, municipal corporation, or other
217      governmental entity, public district, or public authority
218      located in whole or in part within this state which provides, or
219      has authority to provide, firefighting, law enforcement,
220      ambulance, medical, or other emergency services.
221              (z)(x)       "Public safety agency" means a functional division
222      of a public agency which provides firefighting, law enforcement,
223      medical, or other emergency services.
224              (aa)(y)       "Public safety answering point," "PSAP," or
225      "answering point" means the public safety agency that receives

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226      incoming 911 requests for assistance and dispatches appropriate
227      public safety agencies to respond to the requests in accordance
228      with the state E911 plan.
229              (bb)(z)       "Rural county" means any county that has a
230      population of fewer than 75,000.
231              (cc)(aa)          "Service identifier" means the service number,
232      access line, or other unique identifier assigned to a subscriber
233      and established by the Federal Communications Commission for
234      purposes of routing calls whereby the subscriber has access to
235      the E911 system.
236              (dd)(bb)          "Tower" means any structure designed primarily to
237      support a wireless provider's antennae.
238              (ee)(cc)          "Voice communications services" means two-way
239      voice service, through the use of any technology, which actually
240      provides access to 911 E911 services, and includes
241      communications services, as defined in s. 202.11, which actually
242      provide access to 911 E911 services and which are required to be
243      included in the provision of 911 E911 services pursuant to
244      orders and rules adopted by the Federal Communications
245      Commission. The term includes voice-over-Internet-protocol
246      service. For the purposes of this section, the term "voice -over-
247      Internet-protocol service" or "VoIP service" means
248      interconnected VoIP services having the following
249      characteristics:
250              1.      The service enables real-time, two-way voice

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         CS/HB 745                                                                                            2023




251      communications;
252              2.      The service requires a broadband connection from the
253      user's locations;
254              3.      The service requires IP-compatible customer premises
255      equipment; and
256              4.      The service offering allows users generally to receive
257      calls that originate on the public switched telephone network
258      and to terminate calls on the public switched telephone network.
259              (ff)(dd)          "Voice communications services provider" or
260      "provider" means any person or entity providing voice
261      communications services, except that the term does not include
262      any person or entity that resells voice communications services
263      and was assessed the fee authorized and imposed under subsection
264      (8) by its resale supplier.
265              (gg)(ee)          "Wireless 911 system" or "wireless 911 service"
266      means an emergency telephone system or service that provides a
267      subscriber with the ability to reach an answering point by
268      accessing the digits 911.
269              (hh)(ff)          "Wireless category" means the revenues to the
270      fund received from a wireless provider from the fee authorized
271      and imposed under subsection (8).
272              (ii)(gg)          "Wireless communications facility" means any
273      equipment or facility used to provide service and may in clude,
274      but is not limited to, antennae, towers, equipment enclosures,
275      cabling, antenna brackets, and other such equipment. Placing a

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         CS/HB 745                                                                                            2023




276      wireless communications facility on an existing structure does
277      not cause the existing structure to become a wireless
278      communications facility.
279              (jj)(hh)           "Wireless provider" means a person who provides
280      wireless service and:
281              1.      Is subject to the requirements of the order; or
282              2.      Elects to provide wireless 911 service, or E911
283      service, or NG911 service in this state.
284              (kk)(ii)           "Wireless service" means "commercial mobile radio
285      service" as provided under ss. 3(27) and 332(d) of the Federal
286      Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
287      the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
288      66, August 10, 1993, 107 Stat. 312. The term includes service
289      provided by any wireless real-time two-way wire communication
290      device, including radio-telephone communications used in
291      cellular telephone service; personal communications service; or
292      the functional or competitive equivalent of a radio-telephone
293      communications line used in cellular telephone service, a
294      personal communications service, or a network radio access line.
295      The term does not include wireless providers that offer mainly
296      dispatch service in a more localized, noncellular configuration;
297      providers offering only data, one-way, or stored-voice services
298      on an interconnected basis; providers of air-to-ground services;
299      or public coast stations.
300              (4)         POWERS AND DUTIES OF THE OFFICE.—The office shall

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         CS/HB 745                                                                                            2023




301      oversee the administration of the fee authorized and imposed
302      under subsections (8) and (9).
303              (5)         THE EMERGENCY COMMUNICATIONS E911 BOARD.—
304              (a)         The Emergency Communications E911 Board is established
305      to administer, with oversight by the office, to:
306              1.      Administer governance for how emergency infrastructure
307      and information, such as voice, text, data, and images, are
308      handled from receipt at a PSAP and routing to first responders;
309              2.      Establish a financial model for the state and local
310      governments to use existing revenue sources to invest in public
311      safety communication and technology for first responders; and
312              3.      Administer a financially sustainable model dedicated to
313      public safety communications and technology that will benefit
314      the state and local governments and all state residents and
315      visitors.
316              (b)         Public safety funding under paragraph (a) must focus
317      on, but not be limited to:
318              1.      Next Generation 911.
319              2.      Emergency Services IP Network (ESInet).
320              3.      Computer Aided Dispatch (CAD).
321              4.      Interfaces:
322              a.      Land Mobile Radio (LMR).
323              b.      Smart City Technology.
324              c.      In-Building Coverage.
325              5.      Public Safety Broadband Networks.

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         CS/HB 745                                                                                            2023




326              6.      Cyber Security.
327      , with oversight by the office, the fee imposed under
328      subsections (8) and (9), including receiving revenues derived
329      from the fee; distributing portions of the revenues to wireless
330      providers, counties, and the office; accounting for receipts,
331      distributions, and income derived by the funds maintained in the
332      fund; and providing annual reports to the Governor and the
333      Legislature for submission by the office on amounts collected
334      and expended, the purposes for which expenditures have been
335      made, and the status of E911 service in this state. In order to
336      advise and assist the office in implementing the purposes of
337      this section, the board, which has the power of a body
338      corporate, has the powers enumerated in subsection (6).
339              (c)(b)       The board shall consist of 9 11 members, one of
340      whom must be the system director designated under s. 365.171(5),
341      or his or her designee, who shall serve as the chair of the
342      board. The remaining 8 10 members of the board shall be
343      appointed by the Governor. All members shall be Florida
344      residents. Consideration should be given for members from rural,
345      medium, and large counties and from a broad range of fields,
346      including, but not limited to, experience in law enforcement,
347      fire response, emergency medical services, 911 coordination,
348      public safety dispatch, and telecommunications and must be
349      composed of 5 county 911 coordinators, consisting of a
350      representative from a rural county, a representative from a

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         CS/HB 745                                                                                            2023




351      medium county, a representative from a large county, and 2 at -
352      large representatives recommended by the Florida Association of
353      Counties in consultation with the county 911 coordinators; 3
354      local exchange carrier member representatives, one of whom must
355      be a representative of the local exchange carrier having the
356      greatest number of access lines in the state and one of whom
357      must be a representative of a certificated competitive local
358      exchange telecommunications company; and 2 member
359      representatives from the wireless telecommunications industry,
360      with consideration given to wireless providers that are not
361      affiliated with local exchange carriers. Not more than one
362      member may be appointed to represent any single provider on the
363      board.
364              (d)(c)        The system director, designated under s.
365      365.171(5), or his or her designee, must be a permanent member
366      of the board. Each of the remaining 8 10 members of the board
367      shall be appointed to a 4-year term and may not be appointed to
368      more than two successive terms. However, for the purpose of
369      staggering terms, three two of the original board members shall
370      be appointed to terms of 4 years, three two shall be appointed
371      to terms of 3 years, and two four shall be appointed to terms of
372      2 years, as designated by the Governor. A vacancy on the board
373      shall be filled in the same manner as the original appointment.
374              (e)         The board shall be responsible for ensuring
375      interoperability of and connectivity between public safety

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         CS/HB 745                                                                                            2023




376      communication systems within the state, including, but not
377      limited to, the following:
378              1.      Call routing accuracy and timeliness of response.
379              2.      Improved interagency communication and situational
380      awareness.
381              3.      Improved interagency system connectivity.
382              3.      Improved response times.
383              4.      Maximized use of emerging technologies.
384              5.      Improved lifecycle management of the systems,
385      equipment, and services that enable responders and public safety
386      officials to share information securely.
387              6.      Developed governance, policy, and procedure across
388      public safety agencies.
389              7.      Established resilient and secure emergency
390      communication systems to reduce cybersecurity threats and
391      vulnerabilities.
392              (f)         The board shall administer the fee imposed under
393      subsections (8) and (9), including receiving revenues derived
394      from the fee; distributing portions of the revenues to counties,
395      state agencies that operate 911 centers, and the office;
396      accounting for receipts, distributions, and income derived by
397      the funds maintained in the fund; and providing annual reports
398      for review and submission to the Governor and the Legislature on
399      amounts collected and expended, the purposes for which
400      expenditures have been made, and the status of emergency

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         CS/HB 745                                                                                            2023




401      communications services in this state.
402              (g)         The board may create subcommittees to advise the
403      board, as needed.
404              (6)         AUTHORITY OF THE BOARD; ANNUAL REPORT.—
405              (a)         The board shall:
406              1.      Administer the public safety emergency communications
407      systems E911 fee.
408              2.      Implement, maintain, and oversee the fund.
409              3.      Review and oversee the disbursement of the revenues
410      deposited into the fund as provided in s. 365.173.
411              a.      The board may establish a schedule for implementing
412      wireless NG911 systems, public safety radio communications
413      systems, and other public safety communications improvements
414      E911 service by service area, and prioritize disbursements of
415      revenues from the fund to providers and rural counties as
416      provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
417      to the schedule, in order to implement 911 E911 services in the
418      most efficient and cost-effective manner.
419              b.      The board shall provide 90 days' written notice to all
420      counties and state agencies that operate 911 centers and publish
421      electronically an approved application process. Applications
422      shall be prioritized based on the availability of funds, current
423      system life expectancy, and system replacement needs. The board
424      shall take all actions within its authority to ensure that
425      county recipients of such funds use these funds only for the

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         CS/HB 745                                                                                            2023




426      purpose under which they have been provided and may take any
427      actions within its authority to secure county repayment of
428      revenues upon a determination that the funds were not used for
429      the purpose for which the funds were dispersed.
430              b. Revenues in the fund which have not been disbursed
431      because sworn invoices as required by s. 365.173(2)(e) have not
432      been submitted to the board may be used by the board as needed
433      to provide grants to counties for the purpose of upgrading E911
434      systems. The counties must use the funds only for capital
435      expenditures or remotely provided hosted 911 answering point
436      call-taking equipment and network services directly attributable
437      to establishing and provisioning E911 services, which may
438      include next-generation deployment. Prior to the distribution of
439      grants, the board shall provide 90 days' written notice to all
440      counties and publish electronically an approved application
441      process. County grant applications shall be prioritiz ed based on
442      the availability of funds, current system life expectancy,
443      system replacement needs, and Phase II compliance per the
444      Federal Communications Commission. No grants will be available
445      to any county for next-generation deployment until all counties
446      are Phase II complete. The board shall take all actions within
447      its authority to ensure that county recipients of such grants
448      use these funds only for the purpose under which they have been
449      provided and may take any actions within its authority to secure
450      county repayment of grant revenues upon determination that the

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         CS/HB 745                                                                                            2023




451      funds were not used for the purpose under which they were
452      provided.
453              c.      When determining the funding provided in a state 911
454      grant application request, the board shall take into account
455      information on the amount of carryforward funds retained by the
456      counties. The information will be based on the amount of county
457      carryforward funds reported in the financial audit required in
458      s. 365.173(2)(d). E911 State Grant Program funding requests will
459      be limited by any county carryforward funds in excess of the
460      allowable 30 percent amount of fee revenue calculated on a 2 -
461      year basis.
462              d.      The board shall reimburse all costs of a wireless
463      provider in accordance with s. 365.173(2)(e) before taking any
464      action to transfer additional funds.
465              e.      After taking the action required in sub-subparagraphs
466      a.-d., the board may review and, with all members participating
467      in the vote, adjust the percentage allocations or adjust the
468      amount of the fee as provided under paragraph (8)(g), and, if
469      the board determines that the revenues in the wireless category
470      exceed the amount needed to reimburse wireless providers for the
471      cost to implement E911 services, the board may transfer revenue
472      to the counties from the existing funds within the wireless
473      category. The board shall disburse the funds equitably to all
474      counties using a timeframe and distribution methodology
475      established by the board.

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         CS/HB 745                                                                                            2023




476              4.      Review documentation submitted by wireless providers
477      which reflects current and projected funds derived from the fee.
478      , and the expenses incurred and expected to be incurred in order
479      to comply with the E911 service requirements contained in the
480      order for the purposes of:
481              a.      Ensuring that wireless providers receive fair and
482      equitable distributions of funds from the fund.
483              b.      Ensuring that wireless providers are not provided
484      disbursements from the fund which exceed the costs of providing
485      E911 service, including the costs of complying with the order.
486              c.      Ascertaining the projected costs of compliance with the
487      requirements of the order and projected collections of the fee.
488              d.      Implementing changes to the allocation percentages or
489      adjusting the fee under paragraph (8)(h).
490              5.      Implement changes to the allocation percentages or
491      adjust the fee pursuant to s. 365.173.
492              6.5.        Meet quarterly monthly in the most efficient and
493      cost-effective manner, including telephonically when practical,
494      for the business to be conducted, to review and authorize the
495      schedule of fee allocation transfer and distribution to the
496      counties and state agencies that operate 911 centers approve or
497      reject, in whole or in part, applications submitted by wireless
498      providers for recovery of moneys deposited into the wireless
499      category, and to authorize the transfer of, and distribute, the
500      fee allocation to the counties.

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         CS/HB 745                                                                                            2023




501              7.6.        Hire and retain employees, which may include an
502      independent executive director who shall possess experience in
503      the area of telecommunications and emergency 911 issues, for the
504      purposes of performing the technical and administrative
505      functions for the board.
506              8.7.        Make and enter into contracts, pursuant to chapter
507      287, and execute other instruments necessary or convenient for
508      the exercise of the powers and functions of the board.
509              9.8.        Sue and be sued, and appear and defend in all actions
510      and proceedings, in its corporate name to the same extent as a
511      natural person.
512              10.9.        Adopt, use, and alter a common corporate seal.
513              11.10.       Elect or appoint the officers and agents that are
514      required by the affairs of the board.
515              12.11.       The board may adopt rules under ss. 120.536(1) and
516      120.54 to implement this section and ss. 365.173 and 365.174.
517              13.12.       Provide coordination, support, and technical
518      assistance to counties to promote the deployment of advanced
519      public safety emergency communications 911 and E911 systems in
520      the state.
521              14.13.       Provide coordination and support for educational
522      opportunities related to 911 E911 issues for the public safety
523      emergency communications E911 community in this state.
524              15.14.       Act as an advocate for issues related to public
525      safety emergency communications E911 system functions, features,

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         CS/HB 745                                                                                            2023




526      and operations to improve the delivery of public safety
527      emergency communications E911 services to the residents of and
528      visitors to this state.
529              16.15.       Coordinate input from this state at national forums
530      and associations, to ensure that policies related to public
531      safety emergency communications E911 systems and services are
532      consistent with the policies of the public safety emergency
533      communications E911 community in this state.
534              17.16.       Work cooperatively with the system director
535      established in s. 365.171(5) to enhance the state of public
536      safety emergency communications E911 services in this state and
537      to provide unified leadership for all public safety emergency
538      communications E911 issues through planning and coordination.
539              18.17.       Do all acts and things necessary or convenient to
540      carry out the powers granted in this section in a manner that is
541      competitively and technologically neutral as to all v oice
542      communications services providers, including, but not limited
543      to, consideration of emerging technology and related cost
544      savings, while taking into account embedded costs in current
545      systems.
546              19.18.       Have the authority to secure the services of an
547      independent, private attorney via invitation to bid, request for
548      proposals, invitation to negotiate, or professional contracts
549      for legal services already established at the Division of
550      Purchasing of the Department of Management Services.

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         CS/HB 745                                                                                            2023




551              (b)         Board members shall serve without compensation;
552      however, members are entitled to per diem and travel expenses as
553      provided in s. 112.061.
554              (c)         By February 28 of each year, the board shall prepare a
555      report for submission by the office to the Governor, the
556      President of the Senate, and the Speaker of the House of
557      Representatives which addresses for the immediately preceding
558      state fiscal year and county fiscal year:
559              1.      The annual receipts, including the total amount of fee
560      revenues collected by each provider, the total disbursements of
561      money in the fund, including the amount of fund-reimbursed
562      expenses incurred by each wireless provider to comply with the
563      order, and the amount of moneys on deposit in the fund.
564              2.      Whether the amount of the fee and the allocation
565      percentages set forth in s. 365.173 have been or should be
566      adjusted to comply with the requirements of the order or other
567      provisions of this chapter, and the reasons for making or not
568      making a recommended adjustment to the fee.
569              3.      Any other issues related to providing emergency
570      communications E911 services.
571              4.      The status of public safety emergency communications
572      E911 services in this state.
573              (7)         REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
574      FIRM.—
575              (a)         The board shall issue a request for proposals as

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         CS/HB 745                                                                                            2023




576      provided in chapter 287 for the purpose of retaining an
577      independent accounting firm. The independent accounting firm
578      shall perform all material administrative and accounting tasks
579      and functions required for administering the fee. The request
580      for proposals must include, but need not be limited to:
581              1.      A description of the scope and general requirements of
582      the services requested.
583              2.      A description of the specific accounting and reporting
584      services required for administering the fund, including
585      processing checks and distributing funds as directed by the
586      board under s. 365.173.
587              3.      A description of information to be provided by the
588      proposer, including the proposer's background and qualifications
589      and the proposed cost of the services to be provided.
590              (b)         The board shall establish a committee to review
591      requests for proposals which must include the statewide
592      emergency communications systems E911 system director designated
593      under s. 365.171(5), or his or her designee, and two members of
594      the board, one of whom is a county 911 coordinator and one of
595      whom represents a voice communications services provider . The
596      review committee shall review the proposals received by the
597      board and recommend an independent accounting firm to the board
598      for final selection. By agreeing to serve on the review
599      committee, each member of the review committee shall verify that
600      he or she does not have any interest or employment, directly or

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         CS/HB 745                                                                                            2023




601      indirectly, with potential proposers which conflicts in any
602      manner or degree with his or her performance on the comm ittee.
603              (c)         The board may secure the services of an independent
604      accounting firm via invitation to bid, request for proposals,
605      invitation to negotiate, or professional contracts already
606      established at the Division of Purchasing, Department of
607      Management Services, for certified public accounting firms, or
608      the board may hire and retain professional accounting staff to
609      accomplish these functions.
610              (8)         PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
611      FEE.—
612              (a)         Each voice communications services provider s hall
613      collect the fee described in this subsection, except that the
614      fee for prepaid wireless service shall be collected in the
615      manner set forth in subsection (9). Each provider, as part of
616      its monthly billing process, shall bill the fee as follows. The
617      fee shall not be assessed on any pay telephone in the state.
618              1.      Each voice communications service provider other than a
619      wireless provider shall bill the fee to a subscriber based on
620      the number of access lines having access to the 911 E911 system,
621      on a service-identifier basis, up to a maximum of 25 access
622      lines per account bill rendered.
623              2.      Each voice communications service provider other than a
624      wireless provider shall bill the fee to a subscriber on a basis
625      of five service-identified access lines for each digital

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         CS/HB 745                                                                                            2023




626      transmission link, including primary rate interface service or
627      equivalent Digital-Signal-1-level service, which can be
628      channelized and split into 23 or 24 voice-grade or data-grade
629      channels for communications, up to a maximum of 25 access lines
630      per account bill rendered.
631              3.      Except in the case of prepaid wireless service, each
632      wireless provider shall bill the fee to a subscriber on a per -
633      service-identifier basis for service identifiers whose primary
634      place of use is within this state. The fee may shall not be
635      assessed on or collected from a provider with respect to an end
636      user's service if that end user's service is a prepaid wireless
637      service sold before January 1, 2015.
638              4.      Except in the case of prepaid wireless service, each
639      voice communications services provider not addressed under
640      subparagraphs 1., 2., and 3. shall bill the fee on a per -
641      service-identifier basis for service identifiers whose primary
642      place of use is within the state up to a maximum of 25 service
643      identifiers for each account bill rendered.
644
645      The provider may list the fee as a separate entry on each bill,
646      in which case the fee must be identified as a fee for 911 E911
647      services. A provider shall remit the fee to the board only if
648      the fee is paid by the subscriber. If a provider receives a
649      partial payment for a monthly bill from a subscriber, the amount
650      received shall first be applied to the payment due the provider

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         CS/HB 745                                                                                            2023




651      for providing voice communications service.
652              (b)         A provider is not obligated to take any legal action
653      to enforce collection of the fees for which any subscriber is
654      billed. A county subscribing to 911 service remains liable to
655      the provider delivering the 911 service or equipment for any 911
656      service, equipment, operation, or maintenance charge owed by the
657      county to the provider.
658              (c)         For purposes of this subsection, the state and local
659      governments are not subscribers.
660              (d)         Each provider may retain 1 percent of the amount of
661      the fees collected as reimbursement for the administrative costs
662      incurred by the provider to bill, collect, and remit the fee.
663      The remainder shall be delivered to the board and deposited by
664      the board into the fund. The board shall distribute the
665      remainder pursuant to s. 365.173.
666              (e)         Voice communications services providers billing the
667      fee to subscribers shall deliver revenues from the fee to the
668      board within 60 days after the end of the month in which the fee
669      was billed, together with a monthly report of the number of
670      service identifiers in each county. Each wireless provider and
671      other applicable provider identified in subparagraph (a)4. shall
672      report the number of service identifiers for subscribers whose
673      place of primary use is in each county. All provider subscriber
674      information provided to the board is subject to s. 365.174. If a
675      provider chooses to remit any fee amounts to the board before

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         CS/HB 745                                                                                            2023




676      they are paid by the subscribers, a provider may apply to the
677      board for a refund of, or may take a credit for, any such fees
678      remitted to the board which are not collected by the provider
679      within 6 months following the month in which the fees are
680      charged off for federal income tax purposes as bad debt.
681              (f)         The rate of the fee may not exceed 50 cents per month
682      for each service identifier. Effective January 1, 2015, the fee
683      shall be 40 cents per month for each service identifi er. The fee
684      shall apply uniformly and be imposed throughout the state,
685      except for those counties that, before July 1, 2007, had adopted
686      an ordinance or resolution establishing a fee less than 50 cents
687      per month per access line. In those counties the fee es tablished
688      by ordinance may be changed only to the uniform statewide rate
689      no sooner than 30 days after notification is made by the
690      county's board of county commissioners to the board .
691              (g)         The board may adjust the allocation percentages for
692      distribution of the fund as provided in s. 365.173. No sooner
693      than June 1, 2015, the board may adjust the rate of the fee
694      under paragraph (f) based on the criteria in this paragraph and
695      paragraph (h). Any adjustment in the rate must be approved by a
696      two-thirds vote of the total number of E911 board members. When
697      setting the percentages or contemplating any adjustments to the
698      fee, the board shall consider the following:
699              1.      The revenues currently allocated for wireless service
700      provider costs for implementing E911 service and projected costs

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         CS/HB 745                                                                                            2023




701      for implementing E911 service, including recurring costs for
702      Phase I and Phase II and the effect of new technologies;
703              1.2.        The appropriate level of funding needed to fund the
704      rural grant program provided for in s. 365.173(2)(f) s.
705      365.173(2)(g); and
706              2.3.        The need to fund statewide, regional, and county
707      grants in accordance with sub-subparagraph (6)(a)3.b. and s.
708      365.173(2)(g) s. 365.173(2)(h).
709              (h)         The board may adjust the allocation percentages or
710      adjust the amount of the fee as provided in paragraph (g) if
711      necessary to ensure full cost recovery or prevent over recovery
712      overrecovery of costs incurred in the provision of 911 E911
713      service, including costs incurred or projected to be incurred to
714      comply with the order. Any new allocation percentages or reduced
715      or increased fee may not be adjusted for 1 year. In no event
716      shall the fee exceed 50 cents per month for each service
717      identifier. The fee, and any board adjustment of the fee, shall
718      be uniform throughout the state, except for the counties
719      identified in paragraph (f). No less than 90 days before the
720      effective date of any adjustment to the fee, the board shall
721      provide written notice of the adjusted fee amount and effective
722      date to each voice communications services provider from which
723      the board is then receiving the fee.
724              (i)         It is the intent of the Legislature that all revenue
725      from the fee be used as specified in s. 365.173(2)(a)-(h) s.

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         CS/HB 745                                                                                            2023




726      365.173(2)(a)-(i).
727              (j)         State and local taxes do not apply to the fee. The
728      amount of the E911 fee collected by a provider may not be
729      included in the base for imposition of any tax, fee, surcharge,
730      or other charge imposed by this state, any political subdivision
731      of this state, or any intergovernmental agency.
732              (k)         A local government may not levy the fee or any
733      additional fee on providers or subscribers for the provision of
734      911 E911 service.
735              (l)         For purposes of this section, the definitions
736      contained in s. 202.11 and the provisions of s. 202.155 apply in
737      the same manner and to the same extent as the definitions and
738      provisions apply to the taxes levied under chapter 202 on mobile
739      communications services.
740              (9)         PREPAID WIRELESS PUBLIC SAFETY EMERGENCY
741      COMMUNICATIONS SYSTEMS E911 FEE.—
742              (a)         Effective January 1, 2015, a prepaid wireless E911 fee
743      is imposed per retail transaction at the rate established in
744      paragraph (8)(f). In order to allow sellers of all sizes and
745      technological capabilities adequate time to comply with this
746      subsection, a seller of prepaid wireless service operating in
747      this state before the prepaid wireless E911 fee is imposed shall
748      retain 100 percent of the fee collected under this paragraph for
749      the first 2 months to offset the cost of setup.
750              (a)(b)        Effective July 1, 2023 March 1, 2015, the prepaid

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         CS/HB 745                                                                                            2023




751      wireless E911 fee imposed under paragraph (a) shall be subject
752      to remittance in accordance with paragraph (f) (g). In no event
753      shall the fee exceed 50 cents for each retail transaction. At
754      least 90 days before the effective date of any adjustment to the
755      fee under paragraph (8)(g), the Department of Revenue shall
756      provide written notice of the adjusted fee amount and its
757      effective date to each seller from which the department is then
758      receiving the fee. At least 120 days before the effective date
759      of any adjustment to the fee imposed under this subsection, the
760      board shall provide notice to the Department of Revenue of the
761      adjusted fee amount and effective date of the adjustment.
762              (b)(c)       The prepaid wireless E911 fee shall be collected by
763      the seller from the consumer with respect to each retail
764      transaction occurring in this state. The amount of the prepaid
765      wireless E911 fee shall be separately stated on an invoice,
766      receipt, or other similar document that is provided to the
767      consumer by the seller or otherwise disclosed to the consumer.
768              (c)(d)       For purposes of paragraph (b) (c), a retail
769      transaction that takes place in person by a consumer at a
770      business location of the seller shall be treated as occurring in
771      this state if that business location is in this state. Such
772      transaction is deemed to have occurred in the county of the
773      business location. When a retail transaction does not take place
774      at the seller's business location, the transaction shall be
775      treated as taking place at the consumer's shipping address or,

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         CS/HB 745                                                                                            2023




776      if no item is shipped, at the consumer's address or the location
777      associated with the consumer's mobile telephone number. Such
778      transaction is deemed to have occurred in the county of the
779      consumer's shipping address when items are shipped to the
780      consumer or, when no items are shipped, the county of the
781      consumer's address or the location associated with the
782      consumer's mobile telephone number. A transaction for which the
783      specific Florida county cannot be determined shall be treated as
784      nonspecific.
785              (d)(e)       If a prepaid wireless device is sold for a single,
786      nonitemized price with a prepaid wireless service of 10 minutes
787      or less or $5 or less, the seller may elect not to apply the
788      prepaid wireless E911 fee to the transaction.
789              (e)(f)       The amount of the prepaid wireless E911 fee that is
790      collected by a seller from a consumer and that is separately
791      stated on an invoice, receipt, or similar document provided to
792      the consumer by the seller, may not be included in the base for
793      imposition of any tax, fee, surcharge, or other charge that is
794      imposed by this state, any political subdivision of this state,
795      or any intergovernmental agency.
796              (f)(g)       Beginning July 1, 2023 April 1, 2015, each seller
797      shall file a return and remit the prepaid wireless E911 fees
798      collected in the previous month to the Department of Revenue on
799      or before the 20th day of the month. If the 20th day falls on a
800      Saturday, Sunday, or legal holiday, payments accompanied by

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         CS/HB 745                                                                                            2023




801      returns are due on the next succeeding day that is not a
802      Saturday, Sunday, or legal holiday observed by federal or state
803      agencies as defined in chapter 683 and s. 7503 of the Internal
804      Revenue Code of 1986, as amended. A seller may remit the prepaid
805      wireless E911 fee by electronic funds transfer and file a fee
806      return with the Department of Revenue that is initiated through
807      an electronic data interchange.
808              1.      When a seller is authorized by the Department of
809      Revenue pursuant to s. 212.11(1)(c) or (d) to file a sales and
810      use tax return on a quarterly, semiannual, or annual reporting
811      basis, the seller may file a return and remit the prepaid
812      wireless E911 fees on or before the 20th day of the month
813      following the authorized reporting period for sales and use tax.
814              2.      A seller collecting less than $50 per month of prepaid
815      wireless E911 fees may file a quarterly return for the calendar
816      quarters ending in March, June, September, and December. The
817      seller must file a return and remit the prepaid wireless E911
818      fees collected during each calendar quarter on or before the
819      20th day of the month following that calendar quarter.
820              3.      A seller must provide the following information on each
821      prepaid wireless E911 fee return filed with the Department of
822      Revenue:
823              a.      The seller's name, federal identification number,
824      taxpayer identification number issued by the Department of
825      Revenue, business location address and mailing address, and

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         CS/HB 745                                                                                            2023




826      county of the business location in accordance with paragraph (c)
827      (d);
828              b.      The reporting period;
829              c.      The number of prepaid wireless services sold during the
830      reporting period;
831              d.      The amount of prepaid wireless E911 fees collected and
832      the amount of any adjustments to the fees collected;
833              e.      The amount of any retailer collection allowance
834      deducted from the amount of prepaid wireless E911 fees
835      collected; and
836              f.      The amount to be remitted to the Department of Revenue.
837              4.      A seller who operates two or more business locations
838      for which returns are required to be filed with the Department
839      of Revenue may file a consolidated return reporting and
840      remitting the prepaid wireless E911 fee for all business
841      locations. Such sellers must report the prepaid wireless E911
842      fees collected in each county, in accordance with paragraph (c)
843      (d), on a reporting schedule filed with the fee return.
844              5.      A return is not required for a reporting perio d when no
845      prepaid wireless E911 fee is to be remitted for that period.
846              6.      Except as provided in this section, the Department of
847      Revenue shall administer, collect, and enforce the fee under
848      this subsection pursuant to the same procedures used in the
849      administration, collection, and enforcement of the general state
850      sales tax imposed under chapter 212. The provisions of chapter

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         CS/HB 745                                                                                            2023




851      212 regarding authority to audit and make assessments, keeping
852      of books and records, and interest and penalties on delinquent
853      fees shall apply. The provisions of estimated tax liability in
854      s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
855              (g)(h)       A seller of prepaid wireless services in this state
856      must register with the Department of Revenue for each place of
857      business as required by s. 212.18(3) and the Department of
858      Revenue's administrative rule regarding registration as a sales
859      and use tax dealer. A separate application is required for each
860      place of business. A valid certificate of registration issued by
861      the Department of Revenue to a seller for sales and use tax
862      purposes is sufficient for purposes of the registration
863      requirement of this subsection. There is no fee for registration
864      for remittance of the prepaid wireless E911 fee.
865              (h)(i)       The Department of Revenue shall deposit the funds
866      remitted under this subsection into the Audit and Warrant
867      Clearing Trust Fund established in s. 215.199 and retain up to
868      3.2 percent of the funds remitted under this subsection to
869      reimburse its direct costs of administering the collection a nd
870      remittance of prepaid wireless E911 fees. Thereafter, the
871      Department of Revenue shall transfer all remaining funds
872      remitted under this subsection to the Emergency Communications
873      Number E911 System Fund monthly for use as provided in s.
874      365.173.
875              (i)(j)       Beginning March 1, 2015, a seller may retain 5

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         CS/HB 745                                                                                            2023




876      percent of the prepaid wireless E911 fees that are collected by
877      the seller from consumers as a retailer collection allowance.
878              (j)(k)       A provider or seller of prepaid wireless service is
879      not liable for damages to any person resulting from or incurred
880      in connection with providing or failing to provide emergency
881      communications and 911 or E911 service or for identifying or
882      failing to identify the telephone number, address, location, or
883      name associated with any person or device that is accessing or
884      attempting to access emergency communications and 911 or E911
885      service.
886              (k)(l)       A provider or seller of prepaid wireless service is
887      not liable for damages to any person resulting from or incurred
888      in connection with providing any lawful assistance to any
889      investigative or law enforcement officer of the United States,
890      any state, or any political subdivision of any state in
891      connection with any lawful investigation or other law
892      enforcement activity by such law enforcement officer.
893              (l)(m)       The limitations of liability under this subsection
894      for providers and sellers are in addition to any other
895      limitation of liability provided for under this section.
896              (m)(n)       A local government may not levy the fee or any
897      additional fee on providers or sellers of prepaid wireless
898      service for the provision of 911 E911 service.
899              (n)(o)       For purposes of this section, the state and local
900      governments are not consumers.

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         CS/HB 745                                                                                            2023




901              (o)(p)        For purposes of this subsection, the term:
902              1.      "Consumer" means a person who purchases prepaid
903      wireless service in a retail sale.
904              2.      "Prepaid wireless E911 fee" means the fee that is
905      required to be collected by a seller from a consumer as provided
906      in this subsection.
907              3.      "Provider" means a person that provides prepaid
908      wireless service pursuant to a license issued by the Federal
909      Communications Commission.
910              4.      "Retail transaction" means the purchase by a consumer
911      from a seller of prepaid wireless service that may be applied to
912      a single service identifier for use by the consumer. If a
913      consumer makes a purchase of multiple prepaid wireless services
914      in a single transaction, each individual prepaid wireless
915      service shall be considered a separate retail transaction for
916      purposes of calculating the prepaid wireless E911 fee.
917              5.      "Seller" means a person who makes retail sales of
918      prepaid wireless services to a consumer.
919              (10)        AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
920      COMMUNICATIONS SYSTEMS E911 FEE.—
921              (a)         For purposes of this section, emergency communications
922      and 911 E911 service includes the functions relating to the
923      receipt and transfer of requests for emergency assistance, of
924      database management, call taking, and location verification, and
925      call transfer. Department of Health certification and

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         CS/HB 745                                                                                            2023




926      recertification and training costs for 911 public safety
927      telecommunications, including dispatching, are functions of
928      public safety emergency telecommunications 911 services.
929              (b)         All costs directly attributable to the establishment
930      or provision of emergency communications equipment E911 service
931      and contracting for E911 services related to a primary or
932      secondary Public Safety Answering Point (PSAP) are eligible for
933      expenditure of moneys derived from imposition of the fee
934      authorized by subsections (8) and (9). These costs include the
935      acquisition, implementation, and maintenance of PSAP Public
936      Safety Answering Point (PSAP) equipment and 911 E911 service
937      features, as defined in the providers' published schedules or
938      the acquisition, installation, and maintenance of other E911
939      equipment, including: circuits; call answering equipment; call
940      transfer equipment; ANI or ALI controllers; ANI or ALI displays;
941      station instruments; NG911 E911 telecommunications systems;
942      Emergency Services IP Network ESInet; visual call information
943      and storage devices; recording equipment; telephone devices and
944      other equipment for the hearing impaired used in the E911
945      system; PSAP backup power systems; consoles; automatic call
946      distributors; , and interfaces, including hardware and software,
947      for computer-aided dispatch (CAD) systems, public safety land
948      mobile radio systems (LMR) and radio consoles that provide two-
949      way radio communication with responders, and in-building
950      coverage; integrated CAD systems for that portion of the systems

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         CS/HB 745                                                                                            2023




951      used for E911 call taking; GIS system and software equipment and
952      information displays; network clocks; cybersecurity, including
953      hardware, software, and services; salary and associated expenses
954      for 911 E911 call takers and emergency dispatchers for that
955      portion of their time spent taking and transferring E911 calls,
956      salary, and associated expenses for a county to employ a full -
957      time equivalent 911 E911 coordinator position and a full-time
958      equivalent mapping or geographical data position, and technical
959      system maintenance, database, and administration personnel for
960      the portion of their time spent administrating the emergency
961      communications E911 system; emergency medical, fire, and law
962      enforcement prearrival instruction software; charts and training
963      costs; training costs for PSAP call takers, dispatchers,
964      supervisors, and managers in the proper methods and techniques
965      used in taking and transferring 911 E911 calls; costs to train
966      and educate PSAP employees regarding 911 and radio E911 service
967      or NG911 E911 equipment, including fees collected by the
968      Department of Health for the certification and recertification
969      of 911 public safety telecommunicators as required under s.
970      401.465; and expenses required to develop and maintain all
971      information, including ALI and ANI databases and other
972      information source repositories, necessary to properly inform
973      call takers as to location address, type of emergency, smart
974      city technology data, public safety broadband networks, and
975      other information directly relevant to the processing of a

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          CS/HB 745                                                                                            2023




 976      request for emergency assistance E911 call-taking and
 977      transferring function. Moneys derived from the fee may also be
 978      used for next-generation E911 network services, next-generation
 979      E911 database services, next-generation E911 equipment, and
 980      wireless E911 routing systems.
 981              (c)         The moneys may not be used to pay for any item not
 982      listed in this subsection, including, but not limited to, any
 983      capital or operational costs for emergency responses which occur
 984      after the call transfer to the responding public safety entity
 985      and the costs for utilities, constructing, leasing, maintaining,
 986      or renovating buildings, except for those building modifications
 987      necessary to maintain the security and environmental integrity
 988      of the PSAP and emergency communications E911 equipment rooms.
 989              (11)        LIABILITY OF COUNTIES.—A county subscribing to 911
 990      service remains liable to the local exchange carrier for any 911
 991      service, equipment, operation, or maintenance charge owed by the
 992      county to the local exchange carrier. As used in this
 993      subsection, the term "local exchange carrier" means a local
 994      exchange telecommunications service provider of 911 service or
 995      equipment to any county within its certificated area.
 996              (12)        INDEMNIFICATION AND LIMITATION OF LIABILITY. —A local
 997      government may indemnify local exchange carriers ag ainst
 998      liability in accordance with the published schedules of the
 999      company. Notwithstanding an indemnification agreement, a local
1000      exchange carrier, voice communications services provider, or

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          CS/HB 745                                                                                            2023




1001      other service provider that provides 911, or E911, or NG911
1002      service on a retail or wholesale basis is not liable for damages
1003      resulting from or in connection with 911, or E911, or NG911
1004      service, or for identification of the telephone number, or
1005      address, or name associated with any person accessing 911, or
1006      E911, or NG911 service, unless the carrier or provider acted
1007      with malicious purpose or in a manner exhibiting wanton and
1008      willful disregard of the rights, safety, or property of a person
1009      when providing such services. A carrier or provider is not
1010      liable for damages to any person resulting from or in connection
1011      with the carrier's or provider's provision of any lawful
1012      assistance to any investigative or law enforcement officer of
1013      the United States, this state, or a political subdivision
1014      thereof, or of any other state or political subdivision thereof,
1015      in connection with any lawful investigation or other law
1016      enforcement activity by such law enforcement officer. For
1017      purposes of this subsection, the term "911, or E911, or NG911
1018      service" means a telecommunications service, voice or nonvoice
1019      communications service, or other wireline or wireless service,
1020      including, but not limited to, a service using Internet
1021      protocol, which provides, in whole or in part, any of the
1022      following functions: providing members of the public with the
1023      ability to reach an answering point by using the digits 9-1-1;
1024      directing 911 calls to answering points by selective routing;
1025      providing for automatic number identification and automatic

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          CS/HB 745                                                                                            2023




1026      location-identification features; or providing wireless E911
1027      services as defined in the order.
1028              (13)        FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
1029      IMPLEMENTATION.—To balance the public need for reliable
1030      emergency communications E911 services through reliable wireless
1031      systems and the public interest served by governmental zonin g
1032      and land development regulations and notwithstanding any other
1033      law or local ordinance to the contrary, the following standards
1034      shall apply to a local government's actions, as a regulatory
1035      body, in the regulation of the placement, construction, or
1036      modification of a wireless communications facility. This
1037      subsection shall not, however, be construed to waive or alter
1038      the provisions of s. 286.011 or s. 286.0115. For the purposes of
1039      this subsection only, "local government" shall mean any
1040      municipality or county and any agency of a municipality or
1041      county only. The term "local government" does not, however,
1042      include any airport, as defined by s. 330.27(2), even if it is
1043      owned or controlled by or through a municipality, county, or
1044      agency of a municipality or county. Further, notwithstanding
1045      anything in this section to the contrary, this subsection does
1046      not apply to or control a local government's actions as a
1047      property or structure owner in the use of any property or
1048      structure owned by such entity for the placement, construction,
1049      or modification of wireless communications facilities. In the
1050      use of property or structures owned by the local government,

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          CS/HB 745                                                                                            2023




1051      however, a local government may not use its regulatory authority
1052      so as to avoid compliance with, or in a manner that does not
1053      advance, the provisions of this subsection.
1054              (a)         Collocation among wireless providers is encouraged by
1055      the state.
1056              1.a.        Collocations on towers, including nonconforming
1057      towers, that meet the requirements in sub-sub-subparagraphs (I),
1058      (II), and (III), are subject to only building permit review,
1059      which may include a review for compliance with this
1060      subparagraph. Such collocations are not subject to any design or
1061      placement requirements of the local government's land
1062      development regulations in effect at the time of the collocation
1063      that are more restrictive than those in effect at the time of
1064      the initial antennae placement approval, to any other portion of
1065      the land development regulations, or to public hearing review.
1066      This sub-subparagraph shall not preclude a public hearing for
1067      any appeal of the decision on the collocation application.
1068              (I)         The collocation does not increase the height of the
1069      tower to which the antennae are to be attached, measured to the
1070      highest point of any part of the tower or any existing antenna
1071      attached to the tower;
1072              (II)        The collocation does not increase the ground space
1073      area, commonly known as the compound, approved in the site plan
1074      for equipment enclosures and ancillary facilities; and
1075              (III)        The collocation consists of antennae, equipment

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          CS/HB 745                                                                                            2023




1076      enclosures, and ancillary facilities that are of a design and
1077      configuration consistent with all applicable regulations,
1078      restrictions, or conditions, if any, applied to the initial
1079      antennae placed on the tower and to its accompanying equipment
1080      enclosures and ancillary facilities and, if applicable, applied
1081      to the tower supporting the antennae. Such regulations may
1082      include the design and aesthetic requirements, but not
1083      procedural requirements, other than those authorized by this
1084      section, of the local government's land development regulations
1085      in effect at the time the initial antennae placement was
1086      approved.
1087              b.      Except for a historic building, structure, site,
1088      object, or district, or a tower included in sub-subparagraph a.,
1089      collocations on all other existing structures that meet the
1090      requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1091      to no more than building permit review, and an administrative
1092      review for compliance with this subparagraph. Such collocations
1093      are not subject to any portion of the local government's land
1094      development regulations not addressed herein, or to public
1095      hearing review. This sub-subparagraph shall not preclude a
1096      public hearing for any appeal of the decision on the collocation
1097      application.
1098              (I)         The collocation does not increase the height of the
1099      existing structure to which the antennae are to be attached,
1100      measured to the highest point of any part of the structure or

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          CS/HB 745                                                                                            2023




1101      any existing antenna attached to the structure;
1102              (II)        The collocation does not increase the ground space
1103      area, otherwise known as the compound, if any, approved in the
1104      site plan for equipment enclosures and ancillary facilities;
1105              (III)        The collocation consists of antennae, equipment
1106      enclosures, and ancillary facilities that are of a design and
1107      configuration consistent with any applicable structural or
1108      aesthetic design requirements and any requirements for location
1109      on the structure, but not prohibitions or restrictions on the
1110      placement of additional collocations on the existing structure
1111      or procedural requirements, other than those authorized by this
1112      section, of the local government's land development regulations
1113      in effect at the time of the collocation application; and
1114              (IV)        The collocation consists of antennae, equipment
1115      enclosures, and ancillary facilities that are of a design and
1116      configuration consistent with all applicable restrictions or
1117      conditions, if any, that do not conflict with sub-sub-
1118      subparagraph (III) and were applied to the initial antennae
1119      placed on the structure and to its accompanying equipmen t
1120      enclosures and ancillary facilities and, if applicable, applied
1121      to the structure supporting the antennae.
1122              c.      Regulations, restrictions, conditions, or permits of
1123      the local government, acting in its regulatory capacity, that
1124      limit the number of collocations or require review processes
1125      inconsistent with this subsection shall not apply to

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          CS/HB 745                                                                                            2023




1126      collocations addressed in this subparagraph.
1127              d.      If only a portion of the collocation does not meet the
1128      requirements of this subparagraph, such as an increase in the
1129      height of the proposed antennae over the existing structure
1130      height or a proposal to expand the ground space approved in the
1131      site plan for the equipment enclosure, where all other portions
1132      of the collocation meet the requirements of this subparagraph,
1133      that portion of the collocation only may be reviewed under the
1134      local government's regulations applicable to an initial
1135      placement of that portion of the facility, including, but not
1136      limited to, its land development regulations, and within the
1137      review timeframes of subparagraph (d)2., and the rest of the
1138      collocation shall be reviewed in accordance with this
1139      subparagraph. A collocation proposal under this subparagraph
1140      that increases the ground space area, otherwise known as the
1141      compound, approved in the original site plan for equipment
1142      enclosures and ancillary facilities by no more than a cumulative
1143      amount of 400 square feet or 50 percent of the original compound
1144      size, whichever is greater, shall, however, require no more than
1145      administrative review for compliance with the local government's
1146      regulations, including, but not limited to, land development
1147      regulations review, and building permit review, with no public
1148      hearing review. This sub-subparagraph shall not preclude a
1149      public hearing for any appeal of the decision on th e collocation
1150      application.

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          CS/HB 745                                                                                            2023




1151              2.      If a collocation does not meet the requirements of
1152      subparagraph 1., the local government may review the application
1153      under the local government's regulations, including, but not
1154      limited to, land development regulations, applicable to the
1155      placement of initial antennae and their accompanying equipment
1156      enclosure and ancillary facilities.
1157              3.      If a collocation meets the requirements of subparagraph
1158      1., the collocation shall not be considered a modification to an
1159      existing structure or an impermissible modification of a
1160      nonconforming structure.
1161              4.      The owner of the existing tower on which the proposed
1162      antennae are to be collocated shall remain responsible for
1163      compliance with any applicable condition or requirement of a
1164      permit or agreement, or any applicable condition or requirement
1165      of the land development regulations to which the existing tower
1166      had to comply at the time the tower was permitted, including any
1167      aesthetic requirements, provided the condition or requirement is
1168      not inconsistent with this paragraph.
1169              5.      An existing tower, including a nonconforming tower, may
1170      be structurally modified in order to permit collocation or may
1171      be replaced through no more than administrative review and
1172      building permit review, and is not subject to public hearing
1173      review, if the overall height of the tower is not increased and,
1174      if a replacement, the replacement tower is a monopole tower or,
1175      if the existing tower is a camouflaged tower, the replacement

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          CS/HB 745                                                                                            2023




1176      tower is a like-camouflaged tower. This subparagraph shall not
1177      preclude a public hearing for any appeal of the decision on the
1178      application.
1179              (b)1.       A local government's land development and
1180      construction regulations for wireless communications facilities
1181      and the local government's review of an application for the
1182      placement, construction, or modification of a wireless
1183      communications facility shall only address land development or
1184      zoning issues. In such local government regulations or review,
1185      the local government may not require information on or evaluate
1186      a wireless provider's business decisions about its service,
1187      customer demand for its service, or quality of its service to or
1188      from a particular area or site, unless the wireless provider
1189      voluntarily offers this information to the local government. In
1190      such local government regulations or review, a local government
1191      may not require information on or evaluate the wireless
1192      provider's designed service unless the information or materials
1193      are directly related to an identified land development or zoning
1194      issue or unless the wireless provider voluntarily offers the
1195      information. Information or materials directly related to an
1196      identified land development or zoning issue may include, but are
1197      not limited to, evidence that no existing structure can
1198      reasonably be used for the antennae placement instead of the
1199      construction of a new tower, that residential areas cannot be
1200      served from outside the residential area, as addressed in

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          CS/HB 745                                                                                            2023




1201      subparagraph 3., or that the proposed height of a new tower or
1202      initial antennae placement or a proposed height increase of a
1203      modified tower, replacement tower, or collocation is necessary
1204      to provide the provider's designed service. Nothing in this
1205      paragraph shall limit the local government from reviewing any
1206      applicable land development or zoning issue addressed in its
1207      adopted regulations that does not conflict with this section,
1208      including, but not limited to, aesthetics, landscaping, land
1209      use-based land use based location priorities, structural design,
1210      and setbacks.
1211              2.      Any setback or distance separation required of a tower
1212      may not exceed the minimum distance necessary, as determined by
1213      the local government, to satisfy the structural safety or
1214      aesthetic concerns that are to be protected by the setback or
1215      distance separation.
1216              3.      A local government may exclude the placement of
1217      wireless communications facilities in a residential area or
1218      residential zoning district but only in a manner that does not
1219      constitute an actual or effective prohibition of the provider's
1220      service in that residential area or zoning district. If a
1221      wireless provider demonstrates to the satisfaction of the local
1222      government that the provider cannot reasonably provide its
1223      service to the residential area or zone from outside the
1224      residential area or zone, the municipality or county and
1225      provider shall cooperate to determine an appropriate location

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          CS/HB 745                                                                                            2023




1226      for a wireless communications facility of an appropriate design
1227      within the residential area or zone. The local government may
1228      require that the wireless provider reimburse the reasonable
1229      costs incurred by the local government for this cooperative
1230      determination. An application for such cooperative determination
1231      shall not be considered an application under paragraph (d).
1232              4.      A local government may impose a reasonable fee on
1233      applications to place, construct, or modify a wireless
1234      communications facility only if a similar fee is imposed on
1235      applicants seeking other similar types of zoning, land use, or
1236      building permit review. A local government may impose fees for
1237      the review of applications for wireless communications
1238      facilities by consultants or experts who conduct code compliance
1239      review for the local government but any fee is limited to
1240      specifically identified reasonable expenses incurred in the
1241      review. A local government may impose reasonable surety
1242      requirements to ensure the removal of wireless communications
1243      facilities that are no longer being used.
1244              5.      A local government may impose design requirements, such
1245      as requirements for designing towers to support collocation or
1246      aesthetic requirements, except as otherwise limited in this
1247      section, but shall not impose or require information on
1248      compliance with building code type standards for the
1249      construction or modification of wireless communications
1250      facilities beyond those adopted by the local government under

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          CS/HB 745                                                                                            2023




1251      chapter 553 and that apply to all similar types of construction.
1252              (c)         Local governments may not require wireless providers
1253      to provide evidence of a wireless communications facility's
1254      compliance with federal regulations, except evidence of
1255      compliance with applicable Federal Aviation Administration
1256      requirements under 14 C.F.R. part 77, as amended, and evidence
1257      of proper Federal Communications Commission licensure, or other
1258      evidence of Federal Communications Commission authorized
1259      spectrum use, but may request the Federal Communications
1260      Commission to provide information as to a wireless provider's
1261      compliance with federal regulations, as authorized by federal
1262      law.
1263              (d)1.        A local government shall grant or deny each properly
1264      completed application for a collocation under subparagraph (a)1.
1265      based on the application's compliance with the local
1266      government's applicable regulations, as provided for in
1267      subparagraph (a)1. and consistent with this subsection, and
1268      within the normal timeframe for a similar building permit review
1269      but in no case later than 45 business days after the date the
1270      application is determined to be properly completed in accordance
1271      with this paragraph.
1272              2.      A local government shall grant or deny each properly
1273      completed application for any other wireless communications
1274      facility based on the application's compliance with the local
1275      government's applicable regulations, including but not limited

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          CS/HB 745                                                                                            2023




1276      to land development regulations, consistent with this subsection
1277      and within the normal timeframe for a similar type review but in
1278      no case later than 90 business days after the date the
1279      application is determined to be properly completed in accordance
1280      with this paragraph.
1281              3.a.        An application is deemed submitted or resubmitted on
1282      the date the application is received by the local government. If
1283      the local government does not notify the applicant in writing
1284      that the application is not completed in compliance with the
1285      local government's regulations within 20 business days after the
1286      date the application is initially submitted or additional
1287      information resubmitted, the application is deemed, for
1288      administrative purposes only, to be properly completed and
1289      properly submitted. However, the determination shall not be
1290      deemed as an approval of the application. If the application is
1291      not completed in compliance with the local government's
1292      regulations, the local government shall so notify the applicant
1293      in writing and the notification must indicate with specificity
1294      any deficiencies in the required documents or deficiencies in
1295      the content of the required documents which, if cured, make the
1296      application properly completed. Upon resubmission of information
1297      to cure the stated deficiencies, the local government shall
1298      notify the applicant, in writing, within the normal timeframes
1299      of review, but in no case longer than 20 business days after the
1300      additional information is submitted, of any remaining

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          CS/HB 745                                                                                            2023




1301      deficiencies that must be cured. Deficiencies in document type
1302      or content not specified by the local government do not make the
1303      application incomplete. Notwithstanding this sub-subparagraph,
1304      if a specified deficiency is not properly cured when the
1305      applicant resubmits its application to comply with the notice of
1306      deficiencies, the local government may continue to request the
1307      information until such time as the specified deficiency is
1308      cured. The local government may establish reasonable timeframes
1309      within which the required information to cure the application
1310      deficiency is to be provided or the application will be
1311      considered withdrawn or closed.
1312              b.      If the local government fails to grant or deny a
1313      properly completed application for a wireless communications
1314      facility within the timeframes set forth in this paragraph, the
1315      application shall be deemed automatically approved and the
1316      applicant may proceed with placement of the facilities without
1317      interference or penalty. The timeframes specified in
1318      subparagraph 2. may be extended only to the extent that the
1319      application has not been granted or denied because the local
1320      government's procedures generally applicable to all other
1321      similar types of applications require action by the governing
1322      body and such action has not taken place within the timeframes
1323      specified in subparagraph 2. Under such circumstances, the local
1324      government must act to either grant or deny the application at
1325      its next regularly scheduled meeting or, otherwise, the

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          CS/HB 745                                                                                            2023




1326      application is deemed to be automatically approved.
1327              c.      To be effective, a waiver of the timeframes set forth
1328      in this paragraph must be voluntarily agreed to by the applicant
1329      and the local government. A local government may request, but
1330      not require, a waiver of the timeframes by the applicant, except
1331      that, with respect to a specific application, a one -time waiver
1332      may be required in the case of a declared local, state, or
1333      federal emergency that directly affects the administration of
1334      all permitting activities of the local government.
1335              (e)         The replacement of or modification to a wireless
1336      communications facility, except a tower, that results in a
1337      wireless communications facility not readily discernibly
1338      different in size, type, and appearance when viewed from ground
1339      level from surrounding properties, and the replacement or
1340      modification of equipment that is not visible from surrounding
1341      properties, all as reasonably determined by the local
1342      government, are subject to no more than applicable building
1343      permit review.
1344              (f)         Any other law to the contrary notwithstanding, the
1345      Department of Management Services shall negotiate, in the name
1346      of the state, leases for wireless communications facilit ies that
1347      provide access to state government-owned property not acquired
1348      for transportation purposes, and the Department of
1349      Transportation shall negotiate, in the name of the state, leases
1350      for wireless communications facilities that provide access to

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          CS/HB 745                                                                                            2023




1351      property acquired for state rights-of-way. On property acquired
1352      for transportation purposes, leases shall be granted in
1353      accordance with s. 337.251. On other state government -owned
1354      property, leases shall be granted on a space available, first -
1355      come, first-served basis. Payments required by state government
1356      under a lease must be reasonable and must reflect the market
1357      rate for the use of the state government-owned property. The
1358      Department of Management Services and the Department of
1359      Transportation are authorized to adopt rules for the terms and
1360      conditions and granting of any such leases.
1361              (g)         If any person adversely affected by any action, or
1362      failure to act, or regulation, or requirement of a local
1363      government in the review or regulation of the wireless
1364      communication facilities files an appeal or brings an
1365      appropriate action in a court or venue of competent
1366      jurisdiction, following the exhaustion of all administrative
1367      remedies, the matter shall be considered on an expedited basis.
1368              (14)        MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—
1369      911, and E911, and NG911 service must be used solely for
1370      emergency communications by the public. Any person who accesses
1371      the number 911 for the purpose of making a false alarm or
1372      complaint or reporting false information that could result in
1373      the emergency response of any public safety agency; any person
1374      who knowingly uses or attempts to use such service for a purpose
1375      other than obtaining public safety assistance; or any person who

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          CS/HB 745                                                                                            2023




1376      knowingly uses or attempts to use such service in an effort to
1377      avoid any charge for service, commits a misdemeanor of the first
1378      degree, punishable as provided in s. 775.082 or s. 775.083.
1379      After being convicted of unauthorized use of such service four
1380      times, a person who continues to engage in such unauthorized use
1381      commits a felony of the third degree, punishable as provided in
1382      s. 775.082, s. 775.083, or s. 775.084. In addition, if the value
1383      of the service or the service charge obtained in a manner
1384      prohibited by this subsection exceeds $100, the person
1385      committing the offense commits a felony of the third degree,
1386      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1387              (15)        TEXT-TO-911 SERVICE.—Each county shall develop a
1388      countywide implementation plan addressing text-to-911 services
1389      and, by January 1, 2022, enact a system to allow text-to-911
1390      services.
1391              (16)        STATE LAW NOT PREEMPTED.—This section and ss. 365.173
1392      and 365.174 do not alter any state law that otherwise regulates
1393      voice communications services providers.
1394              Section 2.         Section 365.173, Florida Statutes, is amended
1395      to read:
1396              365.173        Emergency Communications Number E911 System Fund.—
1397              (1)         REVENUES.—
1398              (a)         Revenues derived from the fee levied on subscribers
1399      under s. 365.172(8) must be paid by the board into the State
1400      Treasury on or before the 15th day of each month. Such moneys

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          CS/HB 745                                                                                            2023




1401      must be accounted for in a special fund to be designated as the
1402      Emergency Communications Number E911 System Fund, a fund created
1403      in the Division of Telecommunications, or other office as
1404      designated by the Secretary of Management Services.
1405              (b)         Revenues derived from the fee levied on prepaid
1406      wireless service under s. 365.172(9), less the costs of
1407      administering collection of the fee, must be transferred by the
1408      Department of Revenue to the Emergency Communications Number
1409      E911 System Fund on or before the 25th day of each month
1410      following the month of receipt.
1411              (c)         For accounting purposes, the Emergency Communications
1412      Number E911 System Fund must be segregated into three separate
1413      categories:
1414              1.      The wireless category;
1415              2.      The nonwireless category; and
1416              3.      The prepaid wireless category.
1417              (d)         All moneys must be invested by the Chief Financial
1418      Officer pursuant to s. 17.61. All moneys in such fund are to be
1419      expended by the office for the purposes provided in this section
1420      and s. 365.172. These funds are not subject to s. 215.20.
1421              (2)         DISTRIBUTION AND USE OF FUNDS.—As determined by the
1422      board pursuant to s. 365.172(8)(f) s. 365.172(8)(g), and subject
1423      to any modifications approved by the board pursuant to s.
1424      365.172(6)(a)3. or (8)(g) s. 365.172(6)(a)3. or (8)(h), the
1425      moneys in the fund shall be distributed and used only as

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          CS/HB 745                                                                                            2023




1426      follows:
1427              (a)         Ninety-four Seventy-six percent of the moneys in the
1428      wireless category shall be distributed each month to counties,
1429      based on the total number of service identifiers in each county,
1430      and 1 percent shall be distributed each month to state agencies
1431      that operate 911 centers, to and shall be used exclusively for
1432      payment of:
1433              1.      authorized expenditures, as specified in s.
1434      365.172(10).
1435              2.      Costs to comply with the requirements for E911 service
1436      contained in the order and any future rules related to the
1437      order.
1438              (b)         Ninety-six percent of the moneys in the nonwireless
1439      category shall be distributed each month to counties based on
1440      the total number of service identifiers in each county and shall
1441      be used exclusively for payment of authorized expenditures, as
1442      specified in s. 365.172(10).
1443              (c)         Sixty-one percent of the moneys in the prepaid
1444      wireless category shall be distributed each month to counties
1445      based on the total amount of fees reported and paid in each
1446      county and shall be used exclusively for payment of authorized
1447      expenditures, as specified in s. 365.172(10). The moneys from
1448      prepaid wireless E911 fees identified as nonspecific in
1449      accordance with s. 365.172(9) shall be distributed as determined
1450      by the Emergency Communications E911 Board.

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          CS/HB 745                                                                                            2023




1451              (d)         Any county that receives funds under paragraphs (a),
1452      (b), and (c) shall establish a fund to be used exclusively for
1453      the receipt and expenditure of the revenues collected under
1454      paragraphs (a), (b), and (c). All fees placed in the fund and
1455      any interest accrued shall be used solely for costs described in
1456      subparagraphs (a)1. and 2. and may not be reduced, withheld, or
1457      allocated for other purposes. The money collected and interest
1458      earned in this fund shall be appropriated for these purposes by
1459      the county commissioners and incorporated into the annual county
1460      budget. The fund shall be included within the financial audit
1461      performed in accordance with s. 218.39. The financial audit
1462      shall assure that all emergency communications E911 fee
1463      revenues, interest, and emergency communications E911 grant
1464      funding are used for payment of authorized expenditures, as
1465      specified in s. 365.172(10) and as specified in the Emergency
1466      Communications E911 Board grant and special disbursement
1467      programs. The county is responsible for all expenditures of
1468      revenues distributed from the county emergency communications
1469      E911 fund and shall submit the financial audit reports to the
1470      board for review. A county may carry forward up to 30 percent of
1471      the total funds disbursed to the county by the board during a
1472      county fiscal year for expenditures for capital outlay, capital
1473      improvements, equipment replacement, or implementation of a
1474      hosted system if such expenditures are made for the purposes
1475      specified in subparagraphs (a)1. and 2.; however, the 30 -percent

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          CS/HB 745                                                                                            2023




1476      limitation does not apply to funds disbursed to a county under
1477      s. 365.172(6)(a)3., and a county may carry forward any
1478      percentage of the funds, except that any grant provided shall
1479      continue to be subject to any condition imposed by the board. In
1480      order to prevent an excess recovery of costs incurred in
1481      providing emergency communication E911 service, a county that
1482      receives funds greater than the permissible emergency
1483      communication E911 costs described in s. 365.172(10), including
1484      the 30-percent carryforward allowance, must return the excess
1485      funds to the E911 board to be allocated under s. 365.172(6)(a).
1486              (e)         Twenty percent of the moneys in the wireless category
1487      shall be distributed to wireless providers in response to sworn
1488      invoices submitted to the board by wireless providers to
1489      reimburse such wireless providers for the actual costs incurred
1490      to provide 911 or E911 service, including the costs of complying
1491      with the order. Such costs include costs and expenses incurred
1492      by wireless providers to design, purchase, lease, program,
1493      install, test, upgrade, operate, and maintain all necessary
1494      data, hardware, and software required to provide E911 service.
1495      Each wireless provider shall submit to the board, by August 1 of
1496      each year, a detailed estimate of the capital and operating
1497      expenses for which it anticipates that it will seek
1498      reimbursement under this paragraph during the ensuing state
1499      fiscal year. In order to be eligible for recovery during any
1500      ensuing state fiscal year, a wireless provider must submit all

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          CS/HB 745                                                                                            2023




1501      sworn invoices for allowable purchases made within the previous
1502      calendar year no later than March 31 of the fiscal year. By
1503      September 15 of each year, the board shall submit to the
1504      Legislature its legislative budget request for funds to be
1505      allocated to wireless providers under this paragraph during the
1506      ensuing state fiscal year. The budget request shall be based on
1507      the information submitted by the wireless providers and
1508      estimated surcharge revenues. Distributions of moneys in the
1509      fund by the board to wireless providers must be fair and
1510      nondiscriminatory. If the total amount of moneys requested by
1511      wireless providers pursuant to invoices submitted to the board
1512      and approved for payment exceeds the amount in the fund in any
1513      month, wireless providers that have invoices approved for
1514      payment shall receive a pro rata share of moneys in the fund and
1515      the balance of the payments shall be carried over to the
1516      following month or months until all of the approved payments are
1517      made. The board may adopt rules necessary to address the manner
1518      in which pro rata distributions are made when the total amount
1519      of funds requested by wireless providers pursuant to invoices
1520      submitted to the board exceeds the total amount of moneys on
1521      deposit in the fund.
1522              (e)(f)       One percent of the moneys in each category of the
1523      fund shall be retained by the board to be applied to costs and
1524      expenses incurred for the purposes of managing, administering,
1525      and overseeing the receipts and disbursements from the fund and

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          CS/HB 745                                                                                            2023




1526      other activities as defined in s. 365.172(6). Any funds retained
1527      for such purposes in a calendar year which are not applied to
1528      such costs and expenses by March 31 of the following year shall
1529      be redistributed as determined by the board.
1530              (f)(g)       Three percent of the moneys in each category of the
1531      fund and an additional 1 percent of the moneys collected in the
1532      wireless category shall be used to make monthly distributions to
1533      rural counties for the purpose of providing facilities and
1534      network and service enhancements and assistance for the
1535      emergency communications 911 or E911 systems operated by rural
1536      counties and for the provision of grants by the office to rural
1537      counties for upgrading and replacing emergency communications
1538      E911 systems.
1539              (g)(h)       Thirty-five percent of the moneys in the prepaid
1540      wireless category shall be retained by the board to provide
1541      state emergency communications E911 grants to be awarded in
1542      accordance with the following order of priority:
1543              1.      For all large, medium, and rural counties to upgrade or
1544      replace emergency communications E911 systems.
1545              2.      For all large, medium, and rural counties to develop
1546      and maintain statewide 911 routing, geographic, and management
1547      information systems.
1548              3.      For all large, medium, and rural counties to develop
1549      and maintain next-generation 911 services and equipment.
1550              (h)(i)       If the wireless category has funds remaining in it

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          CS/HB 745                                                                                            2023




1551      on December 31 after disbursements have been made during the
1552      calendar year immediately prior to December 31, the board may
1553      disburse the excess funds in the wireless category in accordance
1554      with s. 365.172(6)(a)3.b.
1555              (3)         The Legislature recognizes that the fee authorized
1556      under s. 365.172 may not necessarily provide the total funding
1557      required for establishing or providing the emergency
1558      communications E911 service. It is the intent of the Legislature
1559      that all revenue from the fee be used as specified in subsection
1560      (2).
1561              Section 3.          Subsection (1) of section 365.177, Florida
1562      Statutes, is amended to read:
1563              365.177        Transfer of E911 calls between systems.—
1564              (1)         The office shall develop a plan by December 30, 2023
1565      February 1, 2020, to upgrade 911 public safety answering points
1566      within the state to allow the transfer of an emergency call from
1567      one local, multijurisdictional, or regional E911 system to
1568      another local, multijurisdictional, or regional E911 system in
1569      the state. Such transfer should include voice, text message,
1570      image, video, caller identification information, location
1571      information, and additional standards-based 911 call
1572      information.
1573              Section 4.          Subsection (10) of section 212.05965, Florida
1574      Statutes, is amended to read:
1575              212.05965          Taxation of marketplace sales.—

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          CS/HB 745                                                                                            2023




1576              (10)        Notwithstanding any other law, the marketplace
1577      provider is also responsible for collecting and remitting any
1578      prepaid wireless public safety emergency communications systems
1579      E911 fee under s. 365.172, waste tire fee under s. 403.718, and
1580      lead-acid battery fee under s. 403.7185 at the time of sale for
1581      taxable retail sales made through its marketplace.
1582              Section 5.         Section 365.171, Florida Statutes, is amended
1583      to read:
1584              365.171        Emergency communications number E911 state plan.—
1585              (1)         SHORT TITLE.—This section may be cited as the "Florida
1586      Emergency Communications Number E911 State Plan Act."
1587              (2)         LEGISLATIVE INTENT.—It is the intent of the
1588      Legislature that the communications number "911" be the
1589      designated emergency communications number. A public safety
1590      agency may not advertise or otherwise promote the use of any
1591      communications number for emergency response services other than
1592      "911." It is further the intent of the Legislature to implement
1593      and continually update a cohesive statewide emergency
1594      communications number "E911" plan for enhanced 911 services
1595      which will provide citizens with rapid direct access to public
1596      safety agencies by accessing "911" with the objective of
1597      reducing the response time to situations requiring law
1598      enforcement, fire, medical, rescue, and other emergency
1599      services.
1600              (3)         DEFINITIONS.—As used in this section, the term:

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          CS/HB 745                                                                                            2023




1601              (a)         "Office" means the Division of Telecommunications
1602      within the Department of Management Services, as designated by
1603      the secretary of the department.
1604              (b)         "Local government" means any city, county, or
1605      political subdivision of the state and its agencies.
1606              (c)         "Public agency" means the state and any city, county,
1607      city and county, municipal corporation, chartered organization,
1608      public district, or public authority located in whole or in part
1609      within this state which provides, or has authority to provide,
1610      firefighting, law enforcement, ambulance, medical, or other
1611      emergency services.
1612              (d)         "Public safety agency" means a functional division of
1613      a public agency which provides firefighting, law enforcement,
1614      medical, or other emergency services.
1615              (4)         STATE PLAN.—The office shall develop, maintain, and
1616      implement appropriate modifications for a statewide emergency
1617      communications E911 system plan. The plan shall provide for:
1618              (a)         The public agency emergency communications
1619      requirements for each entity of local government in the state.
1620              (b)         A system to meet specific local government
1621      requirements. Such system shall include law enforcement,
1622      firefighting, and emergency medical services and may include
1623      other emergency services such as poison control, suicide
1624      prevention, and emergency management services.
1625              (c)         Identification of the mutual aid agreements necessary

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          CS/HB 745                                                                                            2023




1626      to obtain an effective emergency communications systems E911
1627      system.
1628              (d)         A funding provision that identifies the cost necessary
1629      to implement the emergency communications E911 system.
1630
1631      The office shall be responsible for the implementation and
1632      coordination of such plan. The office shall adopt any necessary
1633      rules and schedules related to public agencies for implementing
1634      and coordinating the plan, pursuant to chapter 120.
1635              (5)         SYSTEM DIRECTOR.—The secretary of the department or
1636      his or her designee is designated as the director of the
1637      statewide emergency communications number E911 system and, for
1638      the purpose of carrying out the provisions of this section, is
1639      authorized to coordinate the activities of the system with
1640      state, county, local, and private agencies. The director in
1641      implementing the system shall consult, cooperate, and coordinate
1642      with local law enforcement agencies.
1643              (6)         REGIONAL SYSTEMS.—This section does not prohibit or
1644      discourage the formation of multijurisdictional or regional
1645      systems; and any system established pursuant to this section may
1646      include the jurisdiction, or any portion thereof, of more than
1647      one public agency. It is the intent of the Legislature t hat
1648      emergency communications services E911 service be available
1649      throughout the state. Expenditure by counties of the E911 fee
1650      authorized and imposed under s. 365.172 should support this

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          CS/HB 745                                                                                            2023




1651      intent to the greatest extent feasible within the context of
1652      local service needs and fiscal capability. This section does not
1653      prohibit two or more counties from establishing a combined
1654      emergency E911 communications service by an interlocal agreement
1655      and using the fees authorized and imposed by s. 365.172 for such
1656      combined E911 service.
1657              (7)         TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
1658      shall coordinate with the Florida Public Service Commission
1659      which shall encourage the Florida telecommunications in dustry to
1660      activate facility modification plans for timely emergency
1661      communications services E911 implementation.
1662              (8)         COIN TELEPHONES.—The Florida Public Service Commission
1663      shall establish rules to be followed by the telecommunications
1664      companies in this state designed toward encouraging the
1665      provision of coin-free dialing of "911" calls wherever
1666      economically practicable and in the public interest.
1667              (9)         SYSTEM APPROVAL.—No emergency communications number
1668      E911 system shall be established and no present syste m shall be
1669      expanded without prior approval of the office.
1670              (10)        COMPLIANCE.—All public agencies shall assist the
1671      office in their efforts to carry out the intent of this section,
1672      and such agencies shall comply with the developed plan.
1673              (11)        FEDERAL ASSISTANCE.—The secretary of the department
1674      or his or her designee may apply for and accept federal funding
1675      assistance in the development and implementation of a statewide

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          CS/HB 745                                                                                            2023




1676      emergency communications number E911 system.
1677              (12)        CONFIDENTIALITY OF RECORDS.—
1678              (a)         Any record, recording, or information, or portions
1679      thereof, obtained by a public agency or a public safety agency
1680      for the purpose of providing services in an emergency and which
1681      reveals the name, address, telephone number, or personal
1682      information about, or information which may identify any person
1683      requesting emergency service or reporting an emergency by
1684      accessing an emergency communications E911 system is
1685      confidential and exempt from the provisions of s. 119.07(1) and
1686      s. 24(a), Art. I of the State Constitution, except that such
1687      record or information may be disclosed to a public safety
1688      agency. The exemption applies only to the name, address,
1689      telephone number or personal information about, or information
1690      which may identify any person requesting emergency service s or
1691      reporting an emergency while such information is in the custody
1692      of the public agency or public safety agency providing emergency
1693      services. A telecommunications company or commercial mobile
1694      radio service provider shall not be liable for damages to any
1695      person resulting from or in connection with such telephone
1696      company's or commercial mobile radio service provider's
1697      provision of any lawful assistance to any investigative or law
1698      enforcement officer of the State of Florida or political
1699      subdivisions thereof, of the United States, or of any other
1700      state or political subdivision thereof, in connection with any

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          CS/HB 745                                                                                            2023




1701      lawful investigation or other law enforcement activity by such
1702      law enforcement officer unless the telecommunications company or
1703      commercial mobile radio service provider acted in a wanton and
1704      willful manner.
1705              (b)         Notwithstanding paragraph (a), a 911 public safety
1706      telecommunicator, as defined in s. 401.465, may contact any
1707      private person or entity that owns an automated external
1708      defibrillator who has notified the local emergency medical
1709      services medical director or public safety answering point of
1710      such ownership if a confirmed coronary emergency call is taking
1711      place and the location of the coronary emergency is within a
1712      reasonable distance from the location of the defibrillator, and
1713      may provide the location of the coronary emergency to that
1714      person or entity.
1715              Section 6.         Paragraph (b) of subsection (2) of section
1716      365.174, Florida Statutes, is amended to read:
1717              365.174        Proprietary confidential business information.—
1718              (2)
1719              (b)         The Department of Revenue may provide information
1720      relative to s. 365.172(9) to the Secretary of Management
1721      Services, or his or her authorized agent, or to the Emergency
1722      Communications E911 Board established in s. 365.172(5) for use
1723      in the conduct of the official business of the Department of
1724      Management Services or the Emergency Communications E911 Board.
1725              Section 7.         This act shall take effect July 1, 2023.

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                             Commerce Committee
                          CS/HB 745 by Rep. McFarland
                          Emergency Communications

                             AMENDMENT SUMMARY
                                 April 10, 2023


Amendment 1 by Rep. Giallombardo (strike-all):

   •   Modifies the purposes of the Emergency Communications Board (Board) to
       include:
           o Promoting interoperability between public safety answering points
              (PSAPs) through guidance and direction to counties and state agencies
              that operate 911 centers.
           o Establishing and administering allocations from the Emergency
              Communications Trust Fund (Fund) for investment on public safety
              communications and technology
           o Providing technical assistance to rural counties.
   •   Removes provisions of the bill that require the Board to create and administer a
       financial model dedicated to public safety communication and technology.
   •   Removes provisions of the bill that provide funding from the Board for state
       agencies that operate 911 centers but retains Board authority to provide
       guidance and direction to such agencies for purposes of achieving
       interoperability.
   •   Specifies that four members of the Board must be county 911 coordinators and
       provides for current 911 coordinators on the Board to complete their terms.
   •   Requires DMS to administer monthly disbursements and provide a monthly
       report of such disbursements to the Board.
   •   Restores existing law related to the creation of the Prepaid Wireless Public
       Safety Emergency Communications Systems Fee.
   •   Modifies the list of eligible expenditures from 911 fees.
   •   Allows the board to withhold future distribution of grant funds or request a return
       of funds based on the findings of a financial audit.
   •   Specifies matters that must be addressed in a plan developed by DMS to
       upgrade PSAPs to allow interjurisdictional transfers of emergency calls.
   •   Makes technical and conforming changes.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 745   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:    Commerce Committee
 2     Representative Giallombardo offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6          Section 1.   Section 365.172, Florida Statutes, is amended
 7     to read:
 8          365.172   Emergency communications. number "E911."—
 9          (1)    SHORT TITLE.—This section may be cited as the
10     "Emergency Communications Number E911 Act."
11          (2)    LEGISLATIVE INTENT.—It is the intent of the
12     Legislature to:
13          (a)    Establish and implement a comprehensive statewide
14     emergency communications and response capability using modern
15     technologies and methods. telecommunications number system that
16     will provide users of voice communications services within the
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 745   (2023)
       Amendment No. 1


17     state rapid direct access to public safety agencies by accessing
18     the telephone number "911."
19          (b)     Provide funds to counties to pay certain costs
20     associated with their public safety emergency response
21     capabilities and costs incurred to purchase, upgrade, and
22     maintain 911 systems, computer aided dispatch, and systems to
23     create interoperable radio communications systems E911 or 911
24     systems, to contract for E911 services, and to reimburse
25     wireless telephone service providers for costs incurred to
26     provide 911 or E911 services.
27          (c)     Levy a reasonable fee on users of voice communications
28     services, unless otherwise provided in this section, to
29     accomplish these purposes.
30          (d)     Provide for an Emergency Communications Board E911
31     board to administer the fee, with oversight by the office, in a
32     manner that is competitively and technologically neutral as to
33     all voice communications services providers.
34          (e)     Ensure that the fee established for emergency
35     communications systems is used exclusively for recovery by
36     wireless providers and by counties for costs associated with
37     developing and maintaining emergency communications E911 systems
38     and networks in a manner that is competitively and
39     technologically neutral as to all voice communications services
40     providers.
41
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42     It is further the intent of the Legislature that the fee
43     authorized or imposed by this section not necessarily provide
44     the total funding required for establishing or providing
45     emergency communications systems and services E911 service.
46          (3)   DEFINITIONS.—Only as used in this section and ss.
47     365.171, 365.173, 365.174, and 365.177, the term:
48          (a)   "Authorized expenditures" means expenditures of the
49     fee, as specified in subsection (10).
50          (b)   "Automatic location identification" means the
51     capability of the E911 service which enables the automatic
52     display of information that defines the approximate geographic
53     location of the wireless telephone, or the location of the
54     address of the wireline telephone, used to place a 911 call.
55          (c)   "Automatic number identification" means the capability
56     of the E911 service which enables the automatic display of the
57     service number used to place a 911 call.
58          (d)   "Board" or "Emergency Communications Board" "E911
59     Board" means the board of directors of the E911 Board
60     established in subsection (5).
61          (e)   "Building permit review" means a review for compliance
62     with building construction standards adopted by the local
63     government under chapter 553 and does not include a review for
64     compliance with land development regulations.
65          (f)   "Colocation Collocation" means the situation when a
66     second or subsequent wireless provider uses an existing
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67     structure to locate a second or subsequent antennae. The term
68     includes the ground, platform, or roof installation of equipment
69     enclosures, cabinets, or buildings, and cables, brackets, and
70     other equipment associated with the location and operation of
71     the antennae.
72          (g)   "Computer Aided Dispatch" or "CAD" means a
73     computerized system within a public safety answering point for
74     entering, tracking, dispatching, and resolving requests for
75     public safety services.
76          (h)(g)   "Designed service" means the configuration and
77     manner of deployment of service the wireless provider has
78     designed for an area as part of its network.
79          (i)(h)   "Enhanced 911" or "E911" means an enhanced 911
80     system or enhanced 911 service that is an emergency telephone
81     system or service that provides a subscriber with 911 service
82     and, in addition, directs 911 calls to appropriate public safety
83     answering points by selective routing based on the geographical
84     location from which the call originated, or as otherwise
85     provided in the state plan under s. 365.171, and that provides
86     for automatic number identification and automatic location -
87     identification features. The 911 E911 service provided by a
88     wireless provider means E911 as defined in the order.
89          (j)(i)   "Existing structure" means a structure that exists
90     at the time an application for permission to place antennae on a
91     structure is filed with a local government. The term include s
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 92     any structure that can structurally support the attachment of
 93     antennae in compliance with applicable codes.
 94          (k)(j)   "Fee" or "public safety emergency communications
 95     systems fee" means the E911 fee authorized and imposed under
 96     subsections (8) and (9).
 97          (l)(k)   "Fund" means the Emergency Communications Number
 98     E911 System Trust Fund established in s. 365.173 and maintained
 99     under this section for the purpose of recovering the costs
100     associated with providing emergency communications 911 service
101     or E911 service, including the costs of implementing the order.
102     The fund shall be segregated into wireless, prepaid wireless,
103     and nonwireless categories.
104          (m)(l)   "Historic building, structure, site, object, or
105     district" means any building, structure, site, object, or
106     district that has been officially designated as a historic
107     building, historic structure, historic site, historic object, or
108     historic district through a federal, state, or local designation
109     program.
110          (n)(m)   "Land development regulations" means any ordinance
111     enacted by a local government for the regulation of any aspect
112     of development, including an ordinance governing zoning,
113     subdivisions, landscaping, tree protection, or signs, the local
114     government's comprehensive plan, or any other ordinance
115     concerning any aspect of the development of land. The term does


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116     not include any building construction standard adopted under and
117     in compliance with chapter 553.
118          (o)(n)   "Local exchange carrier" means a "competitive local
119     exchange telecommunications company" or a "local exchange
120     telecommunications company" as defined in s. 364.02.
121          (p)(o)   "Local government" means any municipality, county,
122     or political subdivision or agency of a municipality, county, or
123     political subdivision.
124          (q)(p)   "Medium county" means any county that has a
125     population of 75,000 or more but less than 750,000.
126          (r)(q)   "Mobile telephone number" or "MTN" means the
127     telephone number assigned to a wireless telephone at the time of
128     initial activation.
129          (s)   "Next Generation 911" or "NG911" means an Internet
130     Protocol(IP)-based system comprised of managed Emergency
131     Services IP networks (ESInets), functional elements
132     (applications), and databases that replicate traditional E911
133     features and functions and provides additional capabilities. The
134     NG911 system is designed to provide access to emergency services
135     from all connected communications sources and provide multimedia
136     data capabilities for public safety answering points and other
137     emergency service organizations.
138          (t)(r)   "Nonwireless category" means the revenues to the
139     fund received from voice communications services providers other
140     than wireless providers.
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141          (u)(s)    "Office" means the Division of Telecommunications
142     within the Department of Management Services, as designated by
143     the secretary of the department.
144          (v)(t)    "Order" means:
145          1.     The following orders and rules of the Federal
146     Communications Commission issued in FCC Docket No. 94 -102:
147          a.     Order adopted on June 12, 1996, with an effective date
148     of October 1, 1996, the amendments to s. 20.03 and the creation
149     of s. 20.18 of Title 47 of the Code of Federal Regulations
150     adopted by the Federal Communications Commission pursuant to
151     such order.
152          b.     Memorandum and Order No. FCC 97-402 adopted on December
153     23, 1997.
154          c.     Order No. FCC DA 98-2323 adopted on November 13, 1998.
155          d.     Order No. FCC 98-345 adopted December 31, 1998.
156          2.     Orders and rules subsequently adopted by the Federal
157     Communications Commission relating to the provision of 911
158     services, including Order Number FCC-05-116, adopted May 19,
159     2005.
160          (w)(u)    "Prepaid wireless category" means all revenues in
161     the fund received through the Department of Revenue from the fee
162     authorized and imposed under subsection (9).
163          (x)(v)    "Prepaid wireless service" means a right to access
164     wireless service that allows a caller to contact and interact
165     with 911 to access the 911 system, which service must be paid
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166     for in advance and is sold in predetermined units or dollars,
167     which units or dollars expire on a predetermined schedule or are
168     decremented on a predetermined basis in exchange for the right
169     to access wireless service.
170          (y)(w)    "Public agency" means the state and any
171     municipality, county, municipal corporation, or other
172     governmental entity, public district, or public authority
173     located in whole or in part within this state which provides, or
174     has authority to provide, firefighting, law enforcement,
175     ambulance, medical, or other emergency services.
176          (z)(x)    "Public safety agency" means a functional division
177     of a public agency which provides firefighting, law enforcement,
178     medical, or other emergency services.
179          (aa)(y)    "Public safety answering point," "PSAP," or
180     "answering point" means the public safety agency that receives
181     incoming 911 requests for assistance and dispatches appropriate
182     public safety agencies to respond to the requests in accordance
183     with the state E911 plan.
184          (bb)(z)    "Rural county" means any county that has a
185     population of fewer than 75,000.
186          (cc)(aa)     "Service identifier" means the service number,
187     access line, or other unique identifier assigned to a subscriber
188     and established by the Federal Communications Commission for
189     purposes of routing calls whereby the subscriber has access to
190     the E911 system.
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191          (dd)(bb)     "Tower" means any structure designed primarily to
192     support a wireless provider's antennae.
193          (ee)(cc)     "Voice communications services" means two-way
194     voice service, through the use of any technology, which actually
195     provides access to 911 E911 services, and includes
196     communications services, as defined in s. 202.11, which actually
197     provide access to 911 E911 services and which are required to be
198     included in the provision of 911 E911 services pursuant to
199     orders and rules adopted by the Federal Communications
200     Commission. The term includes voice-over-Internet-protocol
201     service. For the purposes of this section, the term "voice -over-
202     Internet-protocol service" or "VoIP service" means
203     interconnected VoIP services having the following
204     characteristics:
205          1.   The service enables real-time, two-way voice
206     communications;
207          2.   The service requires a broadband connection from the
208     user's locations;
209          3.   The service requires IP-compatible customer premises
210     equipment; and
211          4.   The service offering allows users generally to receive
212     calls that originate on the public switched telephone network
213     and to terminate calls on the public switched telephone network.
214          (ff)(dd)     "Voice communications services provider" or
215     "provider" means any person or entity providing voice
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216     communications services, except that the term does not include
217     any person or entity that resells voice communications services
218     and was assessed the fee authorized and imposed under subsection
219     (8) by its resale supplier.
220          (gg)(ee)     "Wireless 911 system" or "wireless 911 service"
221     means an emergency telephone system or service that provides a
222     subscriber with the ability to reach an answering point by
223     accessing the digits 911.
224          (hh)(ff)     "Wireless category" means the revenues to the
225     fund received from a wireless provider from the fee authorized
226     and imposed under subsection (8).
227          (ii)(gg)     "Wireless communications facility" means any
228     equipment or facility used to provide service and may in clude,
229     but is not limited to, antennae, towers, equipment enclosures,
230     cabling, antenna brackets, and other such equipment. Placing a
231     wireless communications facility on an existing structure does
232     not cause the existing structure to become a wireless
233     communications facility.
234          (jj)(hh)     "Wireless provider" means a person who provides
235     wireless service and:
236          1.   Is subject to the requirements of the order; or
237          2.   Elects to provide wireless 911 service, or E911
238     service, or NG911 service in this state.
239          (kk)(ii)     "Wireless service" means "commercial mobile radio
240     service" as provided under ss. 3(27) and 332(d) of the Federal
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241     Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
242     the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
243     66, August 10, 1993, 107 Stat. 312. The term includes service
244     provided by any wireless real-time two-way wire communication
245     device, including radio-telephone communications used in
246     cellular telephone service; personal communications service; or
247     the functional or competitive equivalent of a radio-telephone
248     communications line used in cellular telephone service, a
249     personal communications service, or a network radio access line.
250     The term does not include wireless providers that offer mainly
251     dispatch service in a more localized, noncellular configuration;
252     providers offering only data, one-way, or stored-voice services
253     on an interconnected basis; providers of air-to-ground services;
254     or public coast stations.
255          (4)    POWERS AND DUTIES OF THE OFFICE.—The office shall
256     oversee the administration of the fee authorized and imposed
257     under subsections (8) and (9).
258          (5)    THE EMERGENCY COMMUNICATIONS E911 BOARD.—
259          (a)    The Emergency Communications E911 Board is established
260     to administer, with oversight by the office, to:
261          1.    Promote interoperability between public safety
262     answering points by providing guidance and direction to counties
263     and state agencies that operate 911 centers for the deployment
264     of emergency communications infrastructure and the handling of
265     emergency communications information, such as voice, text, data,
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266     and images, from receipt at a PSAP to dispatching to responders;
267     and
268           2.    Establish and administer allocations from the fund
269     dedicated to investing in public safety communications and
270     technology for 911; and
271           3.    Provide technical assistance and guidance to rural
272     counties as needed.
273           (b)    Public safety funding under paragraph (a) must focus
274     on, but not be limited to:
275           1.    Next Generation 911.
276           2.    Emergency Services IP Network (ESInet).
277           3.    Computer Aided Dispatch (CAD).
278           4.    PSAP technology to interface with:
279           a.    Land Mobile Radio (LMR).
280           b.    Smart city technology data.
281           c.    In-Building Coverage.
282           5.    Emergency Communications Broadband Networks.
283           6.    Cybersecurity.
284     , with oversight by the office, the fee imposed under
285     subsections (8) and (9), including receiving revenues derived
286     from the fee; distributing portions of the revenues to wireless
287     providers, counties, and the office; accounting for receipts,
288     distributions, and income derived by the funds maintained in the
289     fund; and providing annual reports to the Governor and the
290     Legislature for submission by the office on amounts collected
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                                                Bill No. CS/HB 745    (2023)
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291     and expended, the purposes for which expenditures have been
292     made, and the status of E911 service in this state. In order to
293     advise and assist the office in implementing the purposes of
294     this section, the board, which has the power of a body
295     corporate, has the powers enumerated in subsection (6).
296          (c)(b)   The board shall consist of nine 11 members, one of
297     whom must be the system director designated under s. 365.171(5),
298     or his or her designee, who shall serve as the chair of the
299     board. The remaining eight 10 members of the board shall be
300     appointed by the Governor. All members shall be Florida
301     residents. The board must be comprised of four county 911
302     coordinators with consideration given to rural, medium, and
303     large counties, and four members from fields including, but not
304     limited to: law enforcement, fire response, emergency medical
305     services, public safety dispatch, and telecommunications. and
306     must be composed of 5 county 911 coordinators, consisting of a
307     representative from a rural county, a representative from a
308     medium county, a representative from a large county, and 2 at -
309     large representatives recommended by the Florida Association of
310     Counties in consultation with the county 911 coordinators; 3
311     local exchange carrier member representatives, one of whom must
312     be a representative of the local exchange carrier having the
313     greatest number of access lines in the state and one of whom
314     must be a representative of a certificated competitive local
315     exchange telecommunications company; and 2 member
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316     representatives from the wireless telecommunications industry,
317     with consideration given to wireless providers that are not
318     affiliated with local exchange carriers. Not more than one
319     member may be appointed to represent any single provider on the
320     board.
321          (d)(c)   The system director, designated under s.
322     365.171(5), or his or her designee, must be a permanent member
323     of the board. Each of the remaining eight 10 members of the
324     board shall be appointed to a 4-year term and may not be
325     appointed to more than two successive terms. However, for the
326     purpose of staggering terms, three two of the original board
327     members shall be appointed to terms of 4 years, three two shall
328     be appointed to terms of 3 years, and two four shall be
329     appointed to terms of 2 years, as designated by the Governor. A
330     vacancy on the board shall be filled in the same manner as the
331     original appointment. Current 911 coordinators serving on the
332     board will complete their terms while other positions will be
333     filled immediately.
334          (e)    The board shall advocate and develop policy
335     recommendations for ensuring interoperability of and
336     connectivity between public safety communication systems within
337     the state, including, but not limited to, recommendations
338     related to the following:
339          1.    Call routing accuracy and timeliness of response.


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340          2.     Improved interagency communication and situational
341     awareness.
342          3.     Improved interagency system connectivity.
343          4.     Improved response times.
344          5.     Maximized use of emerging technologies.
345          6.     Improved lifecycle management of the systems,
346     equipment, and services that enable responders and public safety
347     officials to share information securely.
348          7.     Governance, policy, and procedure across public safety
349     agencies.
350          8.     Establishment of resilient and secure emergency
351     communication systems to reduce cybersecurity threats and
352     vulnerabilities.
353          (f)     The board shall administer the fee imposed un der
354     subsections (8) and (9), including receiving revenues derived
355     from the fee; distributing portions of the revenues to counties
356     and the office; accounting for receipts, distributions, and
357     income derived by the funds maintained in the fund; and
358     providing annual reports for review and submission to the
359     Governor and the Legislature on amounts collected and expended,
360     the purposes for which expenditures have been made, and the
361     status of emergency communication services in this state.
362          (g)     The board may create subcommittees to advise the
363     board, as needed.
364          (6)     AUTHORITY OF THE BOARD; ANNUAL REPORT.—
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365          (a)    The board shall:
366          1.    Administer the public safety emergency communications
367     systems E911 fee.
368          2.    Implement, maintain, and oversee the fund.
369          3.    Review and oversee the disbursement of the revenues
370     deposited into the fund as provided in s. 365.173.
371          a.    The board may establish a schedule for implementing
372     wireless NG911 systems, public safety radio communications
373     systems, and other public safety communications improvements
374     E911 service by service area, and prioritize disbursements of
375     revenues from the fund to providers and rural counties as
376     provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
377     to the schedule, in order to implement 911 E911 services in the
378     most efficient and cost-effective manner.
379          b.    For grants made available under s. 365.173(2)(g), the
380     board shall provide 90 days' written notice to all counties and
381     publish electronically an approved application process.
382     Applications shall be prioritized based on the availability of
383     grant funds, current system life expectancy, and system
384     replacement needs. The board shall take all actions within its
385     authority to ensure that county recipients of such funds use
386     these funds only for the purpose under which they have been
387     provided and may take any actions within its authority to secure
388     county repayment of revenues upon a determination that the funds


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389     were not used for the purpose for which the funds were
390     disbursed.
391          b. Revenues in the fund which have not been disbursed
392     because sworn invoices as required by s. 365.173(2)(e) have not
393     been submitted to the board may be used by the board as needed
394     to provide grants to counties for the purpose of upgrading E911
395     systems. The counties must use the funds only for capital
396     expenditures or remotely provided hosted 911 answering point
397     call-taking equipment and network services directly attributable
398     to establishing and provisioning E911 services, which may
399     include next-generation deployment. Prior to the distribution of
400     grants, the board shall provide 90 days' written notice to all
401     counties and publish electronically an approved application
402     process. County grant applications shall be prioritized based on
403     the availability of funds, current system life expectancy,
404     system replacement needs, and Phase II compliance per the
405     Federal Communications Commission. No grants will be available
406     to any county for next-generation deployment until all counties
407     are Phase II complete. The board shall take all actions within
408     its authority to ensure that county recipients of such grants
409     use these funds only for the purpose under which they have been
410     provided and may take any actions within its authority to secure
411     county repayment of grant revenues upon determination that the
412     funds were not used for the purpose under which they were
413     provided.
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414          c.   When determining the funding provided in a state 911
415     grant application request, the board shall take into account
416     information on the amount of carryforward funds retained by the
417     counties. The information will be based on the amount of county
418     carryforward funds reported in the financial audit required in
419     s. 365.173(2)(d). E911 State Grant Program funding requests will
420     be limited by any county carryforward funds in excess of the
421     allowable 30 percent amount of fee revenue calculated on a 2-
422     year basis.
423          d.   The board shall reimburse all costs of a wireless
424     provider in accordance with s. 365.173(2)(e) before taking any
425     action to transfer additional funds.
426          e.   After taking the action required in sub-subparagraphs
427     a.-d., the board may review and, with all members participating
428     in the vote, adjust the percentage allocations or adjust the
429     amount of the fee as provided under paragraph (8)(g), and, if
430     the board determines that the revenues in the wirel ess category
431     exceed the amount needed to reimburse wireless providers for the
432     cost to implement E911 services, the board may transfer revenue
433     to the counties from the existing funds within the wireless
434     category. The board shall disburse the funds equitably to all
435     counties using a timeframe and distribution methodology
436     established by the board.
437          4.   Review documentation submitted by wireless providers
438     which reflects current and projected funds derived from the fee .
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439     , and the expenses incurred and expected to be incurred in order
440     to comply with the E911 service requirements contained in the
441     order for the purposes of:
442          a.     Ensuring that wireless providers receive fair and
443     equitable distributions of funds from the fund.
444          b.     Ensuring that wireless providers are not provided
445     disbursements from the fund which exceed the costs of providing
446     E911 service, including the costs of complying with the order.
447          c.     Ascertaining the projected costs of compliance with the
448     requirements of the order and projected collections of the fee.
449          d.     Implementing changes to the allocation percentages or
450     adjusting the fee under paragraph (8)(h).
451          5.     Implement changes to the allocation percentages or
452     adjust the fee pursuant to s. 365.173.
453          6.5.    Meet monthly in the most efficient and cost-effective
454     manner, including telephonically when practical, for the
455     business to be conducted. The office will administer the
456     disbursement of funds to counties and provide a monthly report
457     of such disbursements to the Board. approve or reject, in whole
458     or in part, applications submitted by wireless providers for
459     recovery of moneys deposited into the wireless category, and to
460     authorize the transfer of, and distribute, the fee allocation to
461     the counties.
462          7.6.    Hire and retain employees, which may include an
463     independent executive director who shall possess experience in
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464     the area of telecommunications and emergency 911 issues, for the
465     purposes of performing the technical and administrative
466     functions for the board.
467          8.7.    Make and enter into contracts, pursuant to chapter
468     287, and execute other instruments necessary or convenient for
469     the exercise of the powers and functions of the board.
470          9.8.    Sue and be sued, and appear and defend in all actions
471     and proceedings, in its corporate name to the same extent as a
472     natural person.
473          10.9.    Adopt, use, and alter a common corporate seal.
474          11.10.   Elect or appoint the officers and agents that are
475     required by the affairs of the board.
476          12.11.   The board may adopt rules under ss. 120.536(1) and
477     120.54 to implement this section and ss. 365.173 and 365.174.
478          13.12.   Provide coordination, support, and technical
479     assistance to counties to promote the deployment of advanced
480     public safety emergency communications 911 and E911 systems in
481     the state.
482          14.13.   Provide coordination and support for educational
483     opportunities related to 911 E911 issues for the public safety
484     emergency communications E911 community in this state.
485          15.14.   Act as an advocate for issues related to public
486     safety emergency communications E911 system functions, features,
487     and operations to improve the delivery of public safety


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488     emergency communications E911 services to the residents of and
489     visitors to this state.
490          16.15.   Coordinate input from this state at national forums
491     and associations, to ensure that policies related to public
492     safety emergency communications E911 systems and services are
493     consistent with the policies of the public safety emergency
494     communications E911 community in this state.
495          17.16.   Work cooperatively with the system director
496     established in s. 365.171(5) to enhance the state of public
497     safety emergency communications E911 services in this state and
498     to provide unified leadership for all public safety emergency
499     communications E911 issues through planning and coordination.
500          18.17.   Do all acts and things necessary or convenient to
501     carry out the powers granted in this section in a manner that is
502     competitively and technologically neutral as to all voice
503     communications services providers, including, but not limited
504     to, consideration of emerging technology and related cost
505     savings, while taking into account embedded costs in current
506     systems.
507          19.18.   Have the authority to secure the services of an
508     independent, private attorney via invitation to bid, request for
509     proposals, invitation to negotiate, or professional contracts
510     for legal services already established at the Division of
511     Purchasing of the Department of Management Services.


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512          (b)    Board members shall serve without compensation;
513     however, members are entitled to per diem and travel expenses as
514     provided in s. 112.061.
515          (c)    By February 28 of each year, the board shall prepare a
516     report for submission by the office to the Governor, the
517     President of the Senate, and the Speaker of the House of
518     Representatives which addresses for the immediately preceding
519     state fiscal year and county fiscal year:
520          1.    The annual receipts, including the total amount of fee
521     revenues collected by each provider, the total disbursements of
522     money in the fund, including the amount of fund-reimbursed
523     expenses incurred by each wireless provider to comply with the
524     order, and the amount of moneys on deposit in the fund.
525          2.    Whether the amount of the fee and the allocation
526     percentages set forth in s. 365.173 have been or should be
527     adjusted to comply with the requirements of the order or other
528     provisions of this chapter, and the reasons for making or not
529     making a recommended adjustment to the fee.
530          3.    Any other issues related to providing emergency
531     communications E911 services.
532          4.    The status of public safety emergency communications
533     E911 services in this state.
534          (7)    REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
535     FIRM.—


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536          (a)    The board shall issue a request for proposals as
537     provided in chapter 287 for the purpose of retaining an
538     independent accounting firm. The independent accounting firm
539     shall perform all material administrative and accounting tasks
540     and functions required for administering the fee. The request
541     for proposals must include, but need not be limited to:
542          1.    A description of the scope and general requirements of
543     the services requested.
544          2.    A description of the specific accounting and reporting
545     services required for administering the fund, including
546     processing checks and distributing funds as directed by the
547     board under s. 365.173.
548          3.    A description of information to be provided by the
549     proposer, including the proposer's background and qualifications
550     and the proposed cost of the services to be provided.
551          (b)    The board shall establish a committee to review
552     requests for proposals which must include the statewide
553     emergency communications systems E911 system director designated
554     under s. 365.171(5), or his or her designee, and two members of
555     the board, one of whom is a county 911 coordinator and one of
556     whom represents a voice communications services provider . The
557     review committee shall review the proposals received by the
558     board and recommend an independent accounting firm to the board
559     for final selection. By agreeing to serve on the review
560     committee, each member of the review committee shall verify that
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561     he or she does not have any interest or employment, directly or
562     indirectly, with potential proposers which conflicts in any
563     manner or degree with his or her performance on the committee.
564          (c)    The board may secure the services of an independent
565     accounting firm via invitation to bid, request for proposals,
566     invitation to negotiate, or professional contracts already
567     established at the Division of Purchasing, Department of
568     Management Services, for certified public accounting firms, or
569     the board may hire and retain professional accounting staff to
570     accomplish these functions.
571          (8)    PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
572     FEE.—
573          (a)    Each voice communications services provider shal l
574     collect the fee described in this subsection, except that the
575     fee for prepaid wireless service shall be collected in the
576     manner set forth in subsection (9). Each provider, as part of
577     its monthly billing process, shall bill the fee as follows. The
578     fee shall not be assessed on any pay telephone in the state.
579          1.    Each voice communications service provider other than a
580     wireless provider shall bill the fee to a subscriber based on
581     the number of access lines having access to the 911 E911 system,
582     on a service-identifier basis, up to a maximum of 25 access
583     lines per account bill rendered.
584          2.    Each voice communications service provider other than a
585     wireless provider shall bill the fee to a subscriber on a basis
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586     of five service-identified access lines for each digital
587     transmission link, including primary rate interface service or
588     equivalent Digital-Signal-1-level service, which can be
589     channelized and split into 23 or 24 voice-grade or data-grade
590     channels for communications, up to a maximum of 25 access lines
591     per account bill rendered.
592          3.   Except in the case of prepaid wireless service, each
593     wireless provider shall bill the fee to a subscriber on a per -
594     service-identifier basis for service identifiers whose primary
595     place of use is within this state. The fee may shall not be
596     assessed on or collected from a provider with respect to an end
597     user's service if that end user's service is a prepaid wireless
598     service sold before January 1, 2015.
599          4.   Except in the case of prepaid wireless service, each
600     voice communications services provider not addressed under
601     subparagraphs 1., 2., and 3. shall bill the fee on a per -
602     service-identifier basis for service identifiers whose primary
603     place of use is within the state up to a maximum of 25 service
604     identifiers for each account bill rendered.
605
606     The provider may list the fee as a separate entry on each bill,
607     in which case the fee must be identified as a fee for 911 E911
608     services. A provider shall remit the fee to the board only if
609     the fee is paid by the subscriber. If a provider receives a
610     partial payment for a monthly bill from a subscriber, the amount
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611     received shall first be applied to the payment due the provider
612     for providing voice communications service.
613          (b)   A provider is not obligated to take any legal action
614     to enforce collection of the fees for which any subscriber is
615     billed. A county subscribing to 911 service remains liable to
616     the provider delivering the 911 service or equipment for any 911
617     service, equipment, operation, or maintenance charge owed by the
618     county to the provider.
619          (c)   For purposes of this subsection, the state and local
620     governments are not subscribers.
621          (d)   Each provider may retain 1 percent of the amount of
622     the fees collected as reimbursement for the administrative costs
623     incurred by the provider to bill, collect, and remit the fee.
624     The remainder shall be delivered to the board and deposited by
625     the board into the fund. The board shall distribute the
626     remainder pursuant to s. 365.173.
627          (e)   Voice communications services providers billing the
628     fee to subscribers shall deliver revenues from the fee to the
629     board within 60 days after the end of the month in which the fee
630     was billed, together with a monthly report of the number of
631     service identifiers in each county. Each wireless provider and
632     other applicable provider identified in subparagraph (a)4. shall
633     report the number of service identifiers for subscribers whose
634     place of primary use is in each county. All provider subscriber
635     information provided to the board is subject to s. 365.174. If a
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636     provider chooses to remit any fee amounts to the board before
637     they are paid by the subscribers, a provider may apply to the
638     board for a refund of, or may take a credit for, any such fees
639     remitted to the board which are not collected by the provider
640     within 6 months following the month in which the fees are
641     charged off for federal income tax purposes as bad debt.
642          (f)   The rate of the fee may not exceed 50 cents per month
643     for each service identifier. Effective January 1, 2015, the fee
644     shall be 40 cents per month for each service identifier. The fee
645     shall apply uniformly and be imposed throughout the state,
646     except for those counties that, before July 1, 2007, had adopted
647     an ordinance or resolution establishing a fee less than 50 cents
648     per month per access line. In those counties the fee estab lished
649     by ordinance may be changed only to the uniform statewide rate
650     no sooner than 30 days after notification is made by the
651     county's board of county commissioners to the board .
652          (g)   The board may adjust the allocation percentages for
653     distribution of the fund as provided in s. 365.173. No sooner
654     than June 1, 2015, the board may adjust the rate of the fee
655     under paragraph (f) based on the criteria in this paragraph and
656     paragraph (h). Any adjustment in the rate must be approved by a
657     two-thirds vote of the total number of E911 board members. When
658     setting the percentages or contemplating any adjustments to the
659     fee, the board shall consider the following:


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660          1.     The revenues currently allocated for wireless service
661     provider costs for implementing E911 service and projected costs
662     for implementing E911 service, including recurring costs for
663     Phase I and Phase II and the effect of new technologies;
664          1.2.    The appropriate level of funding needed to fund the
665     rural grant program provided for in s. 365.173(2)(f) s.
666     365.173(2)(g); and
667          2.3.    The need to fund statewide, regional, and county
668     grants in accordance with sub-subparagraph (6)(a)3.b. and s.
669     365.173(2)(g) s. 365.173(2)(h).
670          (h)     The board may adjust the allocation percentages or
671     adjust the amount of the fee as provided in paragraph (g) if
672     necessary to ensure full cost recovery or prevent over recovery
673     overrecovery of costs incurred in the provision of 911 E911
674     service, including costs incurred or projected to be incurred to
675     comply with the order. Any new allocation percentages or reduced
676     or increased fee may not be adjusted for 1 year. In no event
677     shall the fee exceed 50 cents per month for each service
678     identifier. The fee, and any board adjustment of the fee, shall
679     be uniform throughout the state, except for the counties
680     identified in paragraph (f). No less than 90 days before the
681     effective date of any adjustment to the fee, the board shall
682     provide written notice of the adjusted fee amount and effective
683     date to each voice communications services provider from which
684     the board is then receiving the fee.
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685          (i)   It is the intent of the Legislature that all revenue
686     from the fee be used as specified in s. 365.173(2)(a)-(h) s.
687     365.173(2)(a)-(i).
688          (j)   State and local taxes do not apply to the fee. The
689     amount of the E911 fee collected by a provider may not be
690     included in the base for imposition of any tax, fee, surcharge,
691     or other charge imposed by this state, any political subdivision
692     of this state, or any intergovernmental agency.
693          (k)   A local government may not levy the fee or any
694     additional fee on providers or subscribers for the provision of
695     911 E911 service.
696          (l)   For purposes of this section, the definitions
697     contained in s. 202.11 and the provisions of s. 202.155 apply in
698     the same manner and to the same extent as the definitions and
699     provisions apply to the taxes levied under chapter 202 on mobile
700     communications services.
701          (9)   PREPAID WIRELESS PUBLIC SAFETY EMERGENCY
702     COMMUNICATIONS SYSTEMS E911 FEE.—
703          (a)   Effective January 1, 2015, a prepaid wireless E911 fee
704     is imposed per retail transaction at the rate established in
705     paragraph (8)(f). In order to allow sellers of all sizes and
706     technological capabilities adequate time to comply with this
707     subsection, a seller of prepaid wireless service operating in
708     this state before the prepaid wireless E911 fee is imposed shall


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709     retain 100 percent of the fee collected under this paragraph for
710     the first 2 months to offset the cost of setup.
711          (a)(b)   Effective March 1, 2015, the prepaid wireless E911
712     fee imposed under paragraph (a) shall be subject to remittance
713     in accordance with paragraph (f) (g). In no event shall the fee
714     exceed 50 cents for each retail transaction. At least 90 days
715     before the effective date of any adjustment to the fee under
716     paragraph (8)(g), the Department of Revenue shall provide
717     written notice of the adjusted fee amount and its effective date
718     to each seller from which the department is then receiving the
719     fee. At least 120 days before the effective date of any
720     adjustment to the fee imposed under this subsection, the board
721     shall provide notice to the Department of Revenue of the
722     adjusted fee amount and effective date of the adjustment.
723          (b)(c)   The prepaid wireless E911 fee shall be collected by
724     the seller from the consumer with respect to each retail
725     transaction occurring in this state. The amount of the prepaid
726     wireless E911 fee shall be separately stated on an invoice,
727     receipt, or other similar document that is provided to the
728     consumer by the seller or otherwise disclosed to the consumer.
729          (c)(d)   For purposes of paragraph (b) (c), a retail
730     transaction that takes place in person by a consumer at a
731     business location of the seller shall be treated as occurring in
732     this state if that business location is in this state. Such
733     transaction is deemed to have occurred in the county of the
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734     business location. When a retail transaction does not take place
735     at the seller's business location, the transaction shall be
736     treated as taking place at the consumer's shipping address or,
737     if no item is shipped, at the consumer's address or the location
738     associated with the consumer's mobile telephone number. Such
739     transaction is deemed to have occurred in the county of the
740     consumer's shipping address when items are shipped to the
741     consumer or, when no items are shipped, the county of the
742     consumer's address or the location associated with the
743     consumer's mobile telephone number. A transaction for which the
744     specific Florida county cannot be determined shall be treated as
745     nonspecific.
746          (d)(e)    If a prepaid wireless device is sold for a single,
747     nonitemized price with a prepaid wireless service of 10 minutes
748     or less or $5 or less, the seller may elect not to apply the
749     prepaid wireless E911 fee to the transaction.
750          (e)(f)    The amount of the prepaid wireless E911 fee that is
751     collected by a seller from a consumer and that is separately
752     stated on an invoice, receipt, or similar document provided to
753     the consumer by the seller, may not be included in the base for
754     imposition of any tax, fee, surcharge, or other charge that is
755     imposed by this state, any political subdivision of this state,
756     or any intergovernmental agency.
757          (f)(g)    Beginning April 1, 2015, each seller shall file a
758     return and remit the prepaid wireless E911 fees collected in the
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759     previous month to the Department of Revenue on or before the
760     20th day of the month. If the 20th day falls on a Saturday,
761     Sunday, or legal holiday, payments accompanied by returns are
762     due on the next succeeding day that is not a Saturday, Sunday,
763     or legal holiday observed by federal or state agencies as
764     defined in chapter 683 and s. 7503 of the Internal Revenue Code
765     of 1986, as amended. A seller may remit the prepaid wireless
766     E911 fee by electronic funds transfer and file a fee return with
767     the Department of Revenue that is initiated through an
768     electronic data interchange.
769          1.    When a seller is authorized by the Department of
770     Revenue pursuant to s. 212.11(1)(c) or (d) to file a sales and
771     use tax return on a quarterly, semiannual, or annual reporting
772     basis, the seller may file a return and remit the prepaid
773     wireless E911 fees on or before the 20th day of the month
774     following the authorized reporting period for sales and use tax.
775          2.    A seller collecting less than $50 per month of prepaid
776     wireless E911 fees may file a quarterly return for the calendar
777     quarters ending in March, June, September, and December. The
778     seller must file a return and remit the prepaid wireless E911
779     fees collected during each calendar quarter on or before the
780     20th day of the month following that calendar quarter.
781          3.    A seller must provide the following information on each
782     prepaid wireless E911 fee return filed with the Department of
783     Revenue:
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784            a.   The seller's name, federal identification number,
785     taxpayer identification number issued by the Department of
786     Revenue, business location address and mailing address, and
787     county of the business location in accordance with paragraph (c)
788     (d);
789            b.   The reporting period;
790            c.   The number of prepaid wireless services sold during the
791     reporting period;
792            d.   The amount of prepaid wireless E911 fees collected and
793     the amount of any adjustments to the fees collected;
794            e.   The amount of any retailer collection allowance
795     deducted from the amount of prepaid wireless E911 fees
796     collected; and
797            f.   The amount to be remitted to the Department of Revenue.
798            4.   A seller who operates two or more business locations
799     for which returns are required to be filed with the Department
800     of Revenue may file a consolidated return reporting and
801     remitting the prepaid wireless E911 fee for all business
802     locations. Such sellers must report the prepaid wireless E911
803     fees collected in each county, in accordance with paragraph (c)
804     (d), on a reporting schedule filed with the fee return.
805            5.   A return is not required for a reporting period whe n no
806     prepaid wireless E911 fee is to be remitted for that period.
807            6.   Except as provided in this section, the Department of
808     Revenue shall administer, collect, and enforce the fee under
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809     this subsection pursuant to the same procedures used in the
810     administration, collection, and enforcement of the general state
811     sales tax imposed under chapter 212. The provisions of chapter
812     212 regarding authority to audit and make assessments, keeping
813     of books and records, and interest and penalties on delinquent
814     fees shall apply. The provisions of estimated tax liability in
815     s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
816          (g)(h)   A seller of prepaid wireless services in this state
817     must register with the Department of Revenue for each place of
818     business as required by s. 212.18(3) and the Department of
819     Revenue's administrative rule regarding registration as a sales
820     and use tax dealer. A separate application is required for each
821     place of business. A valid certificate of registration issued by
822     the Department of Revenue to a seller for sales and use tax
823     purposes is sufficient for purposes of the registration
824     requirement of this subsection. There is no fee for registration
825     for remittance of the prepaid wireless E911 fee.
826          (h)(i)   The Department of Revenue shall deposit the funds
827     remitted under this subsection into the Audit and Warrant
828     Clearing Trust Fund established in s. 215.199 and retain up to
829     3.2 percent of the funds remitted under this subsection to
830     reimburse its direct costs of administering the collection and
831     remittance of prepaid wireless E911 fees. Thereafter, the
832     Department of Revenue shall transfer all remaining funds
833     remitted under this subsection to the Emergency Communications
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834     Number E911 System Trust Fund monthly for use as provided in s.
835     365.173.
836          (i)(j)   Beginning March 1, 2015, a seller may retain 5
837     percent of the prepaid wireless E911 fees that are collected by
838     the seller from consumers as a retailer collection allowance.
839          (j)(k)   A provider or seller of prepaid wireless service is
840     not liable for damages to any person resulting from or incurred
841     in connection with providing or failing to provide emergency
842     communications and 911 or E911 service or for identifying or
843     failing to identify the telephone number, address, location, or
844     name associated with any person or device that is accessing or
845     attempting to access emergency communications and 911 or E911
846     service.
847          (k)(l)   A provider or seller of prepaid wireless service is
848     not liable for damages to any person resulting from or incurred
849     in connection with providing any lawful assistance to any
850     investigative or law enforcement officer of the United States,
851     any state, or any political subdivision of any state in
852     connection with any lawful investigation or other law
853     enforcement activity by such law enforcement officer.
854          (l)(m)   The limitations of liability under this subsection
855     for providers and sellers are in addition to any other
856     limitation of liability provided for under this section.




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857          (m)(n)    A local government may not levy the fee or any
858     additional fee on providers or sellers of prepaid wireless
859     service for the provision of 911 E911 service.
860          (n)(o)    For purposes of this section, the state and local
861     governments are not consumers.
862          (o)(p)    For purposes of this subsection, the term:
863          1.     "Consumer" means a person who purchases prepaid
864     wireless service in a retail sale.
865          2.     "Prepaid wireless E911 fee" means the fee that is
866     required to be collected by a seller from a consumer as provided
867     in this subsection.
868          3.     "Provider" means a person that provides prepaid
869     wireless service pursuant to a license issued by the Federal
870     Communications Commission.
871          4.     "Retail transaction" means the purchase by a consumer
872     from a seller of prepaid wireless service that may be applied to
873     a single service identifier for use by the consumer. If a
874     consumer makes a purchase of multiple prepaid wireless services
875     in a single transaction, each individual prepaid wireless
876     service shall be considered a separate retail transaction for
877     purposes of calculating the prepaid wireless E911 fee.
878          5.     "Seller" means a person who makes retail sales of
879     prepaid wireless services to a consumer.
880          (10)    AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
881     COMMUNICATIONS SYSTEMS E911 FEE.—
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882          (a)   For purposes of this section, emergency communications
883     and 911 E911 service includes the functions relating to the
884     receipt and transfer of requests for emergency assistance, of
885     database management, call taking, and location verification, and
886     call transfer. Department of Health certification and
887     recertification and training costs for 911 public safety
888     telecommunications, including dispatching, are functions of
889     public safety emergency telecommunications 911 services.
890          (b)   All costs directly attributable to the establishment
891     or provision of emergency communications equipment E911 service
892     and contracting for E911 services related to a primary or
893     secondary public safety answering point are eligible for
894     expenditure of moneys derived from imposition of the fee
895     authorized by subsections (8) and (9). These costs include the
896     acquisition, implementation, and maintenance of PSAP Public
897     Safety Answering Point (PSAP) equipment and 911 E911 service
898     features, as defined in the providers' published schedules or
899     the acquisition, installation, and maintenance of other E911
900     equipment, including: circuits; call answering equipment; call
901     transfer equipment; ANI or ALI controllers; ANI or ALI displays;
902     station instruments; NG911 E911 telecommunications systems;
903     Emergency Services IP Network ESInet; visual call information
904     and storage devices; recording equipment; telephone devices and
905     other equipment for the hearing impaired used in the E911
906     system; PSAP backup power systems; consoles; automatic call
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907     distributors; , and interfaces, including hardware and software,
908     for computer-aided dispatch (CAD) systems, public safety land
909     mobile radio systems (LMR) and radio consoles that provide two-
910     way radio communication with responders, and in-building
911     coverage; integrated CAD systems for that portion of the systems
912     used for E911 call taking; GIS system and software equipment and
913     information displays; network clocks; cybersecurity, including
914     hardware, software, and services; salary and associated expenses
915     for 911 E911 call takers and emergency dispatchers for that
916     portion of their time spent taking and transferring E911 calls,
917     salary, and associated expenses for a county to employ a full -
918     time equivalent 911 E911 coordinator position and a full-time
919     equivalent mapping or geographical data position, and technical
920     system maintenance, database, and administration personnel for
921     the portion of their time spent administrating the emergency
922     communications E911 system; emergency medical, fire, and law
923     enforcement prearrival instruction software; charts a nd training
924     costs; training costs for PSAP call takers, dispatchers,
925     supervisors, and managers in the proper methods and techniques
926     used in taking and transferring 911 E911 calls; costs to train
927     and educate PSAP employees and the public regarding 911 and
928     radio E911 service or NG911 E911 equipment, including fees
929     collected by the Department of Health for the certification and
930     recertification of 911 public safety telecommunicators as
931     required under s. 401.465; and expenses required to develop and
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                                                Bill No. CS/HB 745    (2023)
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932     maintain all information, including ALI and ANI databases, call
933     taker access to and other information source repositories,
934     necessary to properly inform call takers as to location address,
935     type of emergency, smart city technology data, emergency
936     communications broadband network information, and other
937     information directly relevant to the processing of a request for
938     emergency assistance E911 call-taking and transferring function.
939     Moneys derived from the fee may also be used for next -generation
940     E911 network services, next-generation E911 database services,
941     next-generation E911 equipment, and wireless E911 routing
942     systems.
943          (c)    The moneys may not be used to pay for any item not
944     listed in this subsection, including, but not limited to, any
945     capital or operational costs related to responders dispatched to
946     the emergency, and costs for emergency responses which occur
947     after the call transfer to the responding public safety entity
948     and the costs for utilities, constructing, leasing, maintaining,
949     or renovating buildings, except for those building modifications
950     necessary to maintain the security and environmental integrity
951     of the PSAP and emergency communications E911 equipment rooms.
952          (11)   LIABILITY OF COUNTIES.—A county subscribing to 911
953     service remains liable to the local exchange carrier for any 911
954     service, equipment, operation, or maintenance charge owed by the
955     county to the local exchange carrier. As used in this
956     subsection, the term "local exchange carrier" means a local
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957     exchange telecommunications service provider of 911 service or
958     equipment to any county within its certificated area.
959          (12)   INDEMNIFICATION AND LIMITATION OF LIABILITY. —A local
960     government may indemnify local exchange carriers against
961     liability in accordance with the published schedules of the
962     company. Notwithstanding an indemnification agreement, a local
963     exchange carrier, voice communications services provider, or
964     other service provider that provides 911, or E911, or NG911
965     service on a retail or wholesale basis is not liable for damages
966     resulting from or in connection with 911, or E911, or NG911
967     service, or for identification of the telephone number, or
968     address, or name associated with any person accessing 911, or
969     E911, or NG911 service, unless the carrier or provider acted
970     with malicious purpose or in a manner exhibiting wanton and
971     willful disregard of the rights, safety, or property of a person
972     when providing such services. A carrier or provider is not
973     liable for damages to any person resulting from or in connection
974     with the carrier's or provider's provision of any lawful
975     assistance to any investigative or law enforcement officer of
976     the United States, this state, or a political subdivision
977     thereof, or of any other state or political subdivision thereof,
978     in connection with any lawful investigation or othe r law
979     enforcement activity by such law enforcement officer. For
980     purposes of this subsection, the term "911, or E911, or NG911
981     service" means a telecommunications service, voice or nonvoice
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 982     communications service, or other wireline or wireless service,
 983     including, but not limited to, a service using Internet
 984     protocol, which provides, in whole or in part, any of the
 985     following functions: providing members of the public with the
 986     ability to reach an answering point by using the digits 9-1-1;
 987     directing 911 calls to answering points by selective routing;
 988     providing for automatic number identification and automatic
 989     location-identification features; or providing wireless E911
 990     services as defined in the order.
 991          (13)   FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
 992     IMPLEMENTATION.—To balance the public need for reliable
 993     emergency communications E911 services through reliable wireless
 994     systems and the public interest served by governmental zoning
 995     and land development regulations and notwithstanding any other
 996     law or local ordinance to the contrary, the following standards
 997     shall apply to a local government's actions, as a regulatory
 998     body, in the regulation of the placement, construction, or
 999     modification of a wireless communications facility. This
1000     subsection shall not, however, be construed to waive or alter
1001     the provisions of s. 286.011 or s. 286.0115. For the purposes of
1002     this subsection only, "local government" shall mean any
1003     municipality or county and any agency of a municipality or
1004     county only. The term "local government" does not, however,
1005     include any airport, as defined by s. 330.27(2), even if it is
1006     owned or controlled by or through a municipality, county, or
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1007     agency of a municipality or county. Further, notwithstanding
1008     anything in this section to the contrary, this subsection does
1009     not apply to or control a local government's actions as a
1010     property or structure owner in the use of any property or
1011     structure owned by such entity for the placement, construction,
1012     or modification of wireless communications facilities. In the
1013     use of property or structures owned by the local government,
1014     however, a local government may not use its regulatory authority
1015     so as to avoid compliance with, or in a manner that does not
1016     advance, the provisions of this subsection.
1017          (a)     Collocation among wireless providers is encouraged by
1018     the state.
1019          1.a.    Collocations on towers, including nonconforming
1020     towers, that meet the requirements in sub-sub-subparagraphs (I),
1021     (II), and (III), are subject to only building permit review,
1022     which may include a review for compliance with this
1023     subparagraph. Such collocations are not subject to any design or
1024     placement requirements of the local government's land
1025     development regulations in effect at the time of the collocation
1026     that are more restrictive than those in effect at the time of
1027     the initial antennae placement approval, to any other portion of
1028     the land development regulations, or to public hearing review.
1029     This sub-subparagraph shall not preclude a public hearing for
1030     any appeal of the decision on the collocation applicatio n.


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1031          (I)     The collocation does not increase the height of the
1032     tower to which the antennae are to be attached, measured to the
1033     highest point of any part of the tower or any existing antenna
1034     attached to the tower;
1035          (II)    The collocation does not increase the ground space
1036     area, commonly known as the compound, approved in the site plan
1037     for equipment enclosures and ancillary facilities; and
1038          (III)     The collocation consists of antennae, equipment
1039     enclosures, and ancillary facilities that are of a design and
1040     configuration consistent with all applicable regulations,
1041     restrictions, or conditions, if any, applied to the initial
1042     antennae placed on the tower and to its accompanying equipment
1043     enclosures and ancillary facilities and, if applicable, applied
1044     to the tower supporting the antennae. Such regulations may
1045     include the design and aesthetic requirements, but not
1046     procedural requirements, other than those authorized by this
1047     section, of the local government's land development regulations
1048     in effect at the time the initial antennae placement was
1049     approved.
1050          b.     Except for a historic building, structure, site,
1051     object, or district, or a tower included in sub-subparagraph a.,
1052     collocations on all other existing structures that meet the
1053     requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1054     to no more than building permit review, and an administrative
1055     review for compliance with this subparagraph. Such collocations
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1056     are not subject to any portion of the local government's land
1057     development regulations not addressed herein, or to public
1058     hearing review. This sub-subparagraph shall not preclude a
1059     public hearing for any appeal of the decision on the collocation
1060     application.
1061          (I)     The collocation does not increase the height of the
1062     existing structure to which the antennae are to be attached,
1063     measured to the highest point of any part of the structure or
1064     any existing antenna attached to the structure;
1065          (II)    The collocation does not increase the ground space
1066     area, otherwise known as the compound, if any, approved in the
1067     site plan for equipment enclosures and ancillary facilities;
1068          (III)     The collocation consists of antennae, equipment
1069     enclosures, and ancillary facilities that are of a design and
1070     configuration consistent with any applicable structural or
1071     aesthetic design requirements and any requirements for location
1072     on the structure, but not prohibitions or restrictions on the
1073     placement of additional collocations on the existing structure
1074     or procedural requirements, other than those authorized by this
1075     section, of the local government's land development regulations
1076     in effect at the time of the collocation application; and
1077          (IV)    The collocation consists of antennae, equipment
1078     enclosures, and ancillary facilities that are of a design and
1079     configuration consistent with all applicable restrictions or
1080     conditions, if any, that do not conflict with sub-sub-
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1081     subparagraph (III) and were applied to the initial antennae
1082     placed on the structure and to its accompanying equipment
1083     enclosures and ancillary facilities and, if applicable, applied
1084     to the structure supporting the antennae.
1085          c.   Regulations, restrictions, conditions, or permits of
1086     the local government, acting in its regulatory capacity, that
1087     limit the number of collocations or require review processes
1088     inconsistent with this subsection shall not apply to
1089     collocations addressed in this subparagraph.
1090          d.   If only a portion of the collocation does not meet the
1091     requirements of this subparagraph, such as an increase in the
1092     height of the proposed antennae over the existing structure
1093     height or a proposal to expand the ground space approved in the
1094     site plan for the equipment enclosure, where all other portions
1095     of the collocation meet the requirements of this subparagraph,
1096     that portion of the collocation only may be reviewed under the
1097     local government's regulations applicable to an initial
1098     placement of that portion of the facility, including, but not
1099     limited to, its land development regulations, and within the
1100     review timeframes of subparagraph (d)2., and the rest of the
1101     collocation shall be reviewed in accordance with this
1102     subparagraph. A collocation proposal under this subparagraph
1103     that increases the ground space area, otherwise known as the
1104     compound, approved in the original site plan for equipment
1105     enclosures and ancillary facilities by no more than a cumulative
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1106     amount of 400 square feet or 50 percent of the original compound
1107     size, whichever is greater, shall, however, require no more than
1108     administrative review for compliance with the local government's
1109     regulations, including, but not limited to, land develo pment
1110     regulations review, and building permit review, with no public
1111     hearing review. This sub-subparagraph shall not preclude a
1112     public hearing for any appeal of the decision on the collocation
1113     application.
1114          2.   If a collocation does not meet the requirements of
1115     subparagraph 1., the local government may review the application
1116     under the local government's regulations, including, but not
1117     limited to, land development regulations, applicable to the
1118     placement of initial antennae and their accompanying equipment
1119     enclosure and ancillary facilities.
1120          3.   If a collocation meets the requirements of subparagraph
1121     1., the collocation shall not be considered a modification to an
1122     existing structure or an impermissible modification of a
1123     nonconforming structure.
1124          4.   The owner of the existing tower on which the proposed
1125     antennae are to be collocated shall remain responsible for
1126     compliance with any applicable condition or requirement of a
1127     permit or agreement, or any applicable condition or requirement
1128     of the land development regulations to which the existing tower
1129     had to comply at the time the tower was permitted, including any


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1130     aesthetic requirements, provided the condition or requirement is
1131     not inconsistent with this paragraph.
1132          5.   An existing tower, including a nonconforming tower, may
1133     be structurally modified in order to permit collocation or may
1134     be replaced through no more than administrative review and
1135     building permit review, and is not subject to public hearing
1136     review, if the overall height of the tower is not increased and,
1137     if a replacement, the replacement tower is a monopole tower or,
1138     if the existing tower is a camouflaged tower, the replacement
1139     tower is a like-camouflaged tower. This subparagraph shall not
1140     preclude a public hearing for any appeal of the decision on the
1141     application.
1142          (b)1.     A local government's land development and
1143     construction regulations for wireless communications facilities
1144     and the local government's review of an application for the
1145     placement, construction, or modification of a wireless
1146     communications facility shall only address land development or
1147     zoning issues. In such local government regulations or review,
1148     the local government may not require information on or evaluate
1149     a wireless provider's business decisions about its service,
1150     customer demand for its service, or quality of its service to or
1151     from a particular area or site, unless the wireless provider
1152     voluntarily offers this information to the local government. In
1153     such local government regulations or review, a local government
1154     may not require information on or evaluate the wireless
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1155     provider's designed service unless the information or materials
1156     are directly related to an identified land development or zoning
1157     issue or unless the wireless provider voluntarily offers the
1158     information. Information or materials directly related to an
1159     identified land development or zoning issue may include, but are
1160     not limited to, evidence that no existing structure can
1161     reasonably be used for the antennae placement instead of the
1162     construction of a new tower, that residential areas cannot be
1163     served from outside the residential area, as addressed in
1164     subparagraph 3., or that the proposed height of a new tower or
1165     initial antennae placement or a proposed height increase of a
1166     modified tower, replacement tower, or collocation is nec essary
1167     to provide the provider's designed service. Nothing in this
1168     paragraph shall limit the local government from reviewing any
1169     applicable land development or zoning issue addressed in its
1170     adopted regulations that does not conflict with this section,
1171     including, but not limited to, aesthetics, landscaping, land
1172     use-based land use based location priorities, structural design,
1173     and setbacks.
1174          2.   Any setback or distance separation required of a tower
1175     may not exceed the minimum distance necessary, as determined by
1176     the local government, to satisfy the structural safety or
1177     aesthetic concerns that are to be protected by the setback or
1178     distance separation.


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1179          3.   A local government may exclude the placement of
1180     wireless communications facilities in a residential area or
1181     residential zoning district but only in a manner that does not
1182     constitute an actual or effective prohibition of the provider's
1183     service in that residential area or zoning district. If a
1184     wireless provider demonstrates to the satisfaction of the local
1185     government that the provider cannot reasonably provide its
1186     service to the residential area or zone from outside the
1187     residential area or zone, the municipality or county and
1188     provider shall cooperate to determine an appropriate location
1189     for a wireless communications facility of an appropriate design
1190     within the residential area or zone. The local government may
1191     require that the wireless provider reimburse the reasonable
1192     costs incurred by the local government for this cooperative
1193     determination. An application for such cooperative determination
1194     shall not be considered an application under paragraph (d).
1195          4.   A local government may impose a reasonable fee on
1196     applications to place, construct, or modify a wireless
1197     communications facility only if a similar fee is imposed on
1198     applicants seeking other similar types of zoning, land use, or
1199     building permit review. A local government may impose fees for
1200     the review of applications for wireless communications
1201     facilities by consultants or experts who conduct code compliance
1202     review for the local government but any fee is limited to
1203     specifically identified reasonable expenses incurred in the
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1204     review. A local government may impose reasonable surety
1205     requirements to ensure the removal of wireless communications
1206     facilities that are no longer being used.
1207            5.    A local government may impose design requirements, such
1208     as requirements for designing towers to support collocation or
1209     aesthetic requirements, except as otherwise limited in this
1210     section, but shall not impose or require information on
1211     compliance with building code type standards for the
1212     construction or modification of wireless communications
1213     facilities beyond those adopted by the local government under
1214     chapter 553 and that apply to all similar types of construction.
1215            (c)     Local governments may not require wireless providers
1216     to provide evidence of a wireless communications facility's
1217     compliance with federal regulations, except evidence of
1218     compliance with applicable Federal Aviation Administration
1219     requirements under 14 C.F.R. part 77, as amended, and evidence
1220     of proper Federal Communications Commission licensure, or other
1221     evidence of Federal Communications Commission authorized
1222     spectrum use, but may request the Federal Communications
1223     Commission to provide information as to a wireless provider's
1224     compliance with federal regulations, as authorized by federal
1225     law.
1226            (d)1.    A local government shall grant or deny each properly
1227     completed application for a collocation under subparagraph (a)1.
1228     based on the application's compliance with the local
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1229     government's applicable regulations, as provided for in
1230     subparagraph (a)1. and consistent with this subsection, and
1231     within the normal timeframe for a similar building permit review
1232     but in no case later than 45 business days after the date the
1233     application is determined to be properly completed in accordance
1234     with this paragraph.
1235          2.     A local government shall grant or deny each properly
1236     completed application for any other wireless communications
1237     facility based on the application's compliance with the local
1238     government's applicable regulations, including but not limited
1239     to land development regulations, consistent with this subsection
1240     and within the normal timeframe for a similar type review but in
1241     no case later than 90 business days after the date the
1242     application is determined to be properly completed in accordance
1243     with this paragraph.
1244          3.a.    An application is deemed submitted or resubmitted on
1245     the date the application is received by the local government. If
1246     the local government does not notify the applicant in writing
1247     that the application is not completed in compliance with the
1248     local government's regulations within 20 business days after the
1249     date the application is initially submitted or additional
1250     information resubmitted, the application is deemed, for
1251     administrative purposes only, to be properly completed and
1252     properly submitted. However, the determination shall not be
1253     deemed as an approval of the application. If the application is
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1254     not completed in compliance with the local government's
1255     regulations, the local government shall so notify the applicant
1256     in writing and the notification must indicate with specificity
1257     any deficiencies in the required documents or deficiencies in
1258     the content of the required documents which, if cured, make the
1259     application properly completed. Upon resubmission of information
1260     to cure the stated deficiencies, the local government shall
1261     notify the applicant, in writing, within the normal timeframes
1262     of review, but in no case longer than 20 business days after the
1263     additional information is submitted, of any remaining
1264     deficiencies that must be cured. Deficiencies in document type
1265     or content not specified by the local government do not make the
1266     application incomplete. Notwithstanding this sub-subparagraph,
1267     if a specified deficiency is not properly cured when the
1268     applicant resubmits its application to comply with the notice of
1269     deficiencies, the local government may continue to request the
1270     information until such time as the specified deficiency is
1271     cured. The local government may establish reasonable timefram es
1272     within which the required information to cure the application
1273     deficiency is to be provided or the application will be
1274     considered withdrawn or closed.
1275          b.   If the local government fails to grant or deny a
1276     properly completed application for a wireless communications
1277     facility within the timeframes set forth in this paragraph, the
1278     application shall be deemed automatically approved and the
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1279     applicant may proceed with placement of the facilities without
1280     interference or penalty. The timeframes specified in
1281     subparagraph 2. may be extended only to the extent that the
1282     application has not been granted or denied because the local
1283     government's procedures generally applicable to all other
1284     similar types of applications require action by the governing
1285     body and such action has not taken place within the timeframes
1286     specified in subparagraph 2. Under such circumstances, the local
1287     government must act to either grant or deny the application at
1288     its next regularly scheduled meeting or, otherwise, the
1289     application is deemed to be automatically approved.
1290          c.    To be effective, a waiver of the timeframes set forth
1291     in this paragraph must be voluntarily agreed to by the applicant
1292     and the local government. A local government may request, but
1293     not require, a waiver of the timeframes by the applicant, except
1294     that, with respect to a specific application, a one -time waiver
1295     may be required in the case of a declared local, state, or
1296     federal emergency that directly affects the administration of
1297     all permitting activities of the local government.
1298          (e)    The replacement of or modification to a wireless
1299     communications facility, except a tower, that results in a
1300     wireless communications facility not readily discernibly
1301     different in size, type, and appearance when viewed from ground
1302     level from surrounding properties, and the replacement or
1303     modification of equipment that is not visible from surrounding
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1304     properties, all as reasonably determined by the local
1305     government, are subject to no more than applicable building
1306     permit review.
1307          (f)   Any other law to the contrary notwithstanding, the
1308     Department of Management Services shall negotiate, in the name
1309     of the state, leases for wireless communications facilities that
1310     provide access to state government-owned property not acquired
1311     for transportation purposes, and the Department of
1312     Transportation shall negotiate, in the name of the state, leases
1313     for wireless communications facilities that provide access to
1314     property acquired for state rights-of-way. On property acquired
1315     for transportation purposes, leases shall be grante d in
1316     accordance with s. 337.251. On other state government -owned
1317     property, leases shall be granted on a space available, first -
1318     come, first-served basis. Payments required by state government
1319     under a lease must be reasonable and must reflect the market
1320     rate for the use of the state government-owned property. The
1321     Department of Management Services and the Department of
1322     Transportation are authorized to adopt rules for the terms and
1323     conditions and granting of any such leases.
1324          (g)   If any person adversely affected by any action, or
1325     failure to act, or regulation, or requirement of a local
1326     government in the review or regulation of the wireless
1327     communication facilities files an appeal or brings an
1328     appropriate action in a court or venue of competent
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1329     jurisdiction, following the exhaustion of all administrative
1330     remedies, the matter shall be considered on an expedited basis.
1331          (14)   MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—
1332     911, and E911, and NG911 service must be used solely for
1333     emergency communications by the public. Any person who accesses
1334     the number 911 for the purpose of making a false alarm or
1335     complaint or reporting false information that could result in
1336     the emergency response of any public safety agency; any person
1337     who knowingly uses or attempts to use such service for a purpose
1338     other than obtaining public safety assistance; or any person who
1339     knowingly uses or attempts to use such service in an effort to
1340     avoid any charge for service, commits a misdemeanor of the first
1341     degree, punishable as provided in s. 775.082 or s. 775.083.
1342     After being convicted of unauthorized use of such service four
1343     times, a person who continues to engage in such unauthorized use
1344     commits a felony of the third degree, punishable as provided in
1345     s. 775.082, s. 775.083, or s. 775.084. In addition, if the value
1346     of the service or the service charge obtained in a manner
1347     prohibited by this subsection exceeds $100, the person
1348     committing the offense commits a felony of the third degree,
1349     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1350          (15)   TEXT-TO-911 SERVICE.—Each county shall develop a
1351     countywide implementation plan addressing text-to-911 services
1352     and, by January 1, 2022, enact a system to allow text -to-911
1353     services.
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1354          (16)    STATE LAW NOT PREEMPTED.—This section and ss. 365.173
1355     and 365.174 do not alter any state law that otherwise regulates
1356     voice communications services providers.
1357          Section 2.     Section 365.173, Florida Statutes, is amended
1358     to read:
1359          365.173     Emergency Communications Number E911 System Trust
1360     Fund.—
1361          (1)     REVENUES.—
1362          (a)     Revenues derived from the fee levied on subscribers
1363     under s. 365.172(8) must be paid by the board into the State
1364     Treasury on or before the 15th day of each month. Such moneys
1365     must be accounted for in a special fund to be designated as the
1366     Emergency Communications Number E911 System Trust Fund, a fund
1367     created in the Division of Telecommunications, or other office
1368     as designated by the Secretary of Management Services.
1369          (b)     Revenues derived from the fee levied on prepaid
1370     wireless service under s. 365.172(9), less the costs of
1371     administering collection of the fee, must be transferred by the
1372     Department of Revenue to the Emergency Communications Number
1373     E911 System Trust Fund on or before the 25th day of each month
1374     following the month of receipt.
1375          (c)     For accounting purposes, the Emergency Communications
1376     Number E911 System Trust Fund must be segregated into three
1377     separate categories:
1378          1.     The wireless category;
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1379          2.    The nonwireless category; and
1380          3.    The prepaid wireless category.
1381          (d)    All moneys must be invested by the Chief Financial
1382     Officer pursuant to s. 17.61. All moneys in such fund are to be
1383     expended by the office for the purposes provided in this section
1384     and s. 365.172. These funds are not subject to s. 215.20.
1385          (2)    DISTRIBUTION AND USE OF FUNDS.—As determined by the
1386     board pursuant to s. 365.172(8)(f) s. 365.172(8)(g), and subject
1387     to any modifications approved by the board pursuant to s.
1388     365.172(6)(a)3. or (8)(g) s. 365.172(6)(a)3. or (8)(h), the
1389     moneys in the fund shall be distributed and used only as
1390     follows:
1391          (a)    Ninety-five Seventy-six percent of the moneys in the
1392     wireless category shall be distributed each month to counties,
1393     based on the total number of service identifiers in each county,
1394     to and shall be used exclusively for payment of:
1395          1.    authorized expenditures, as specified in s.
1396     365.172(10).
1397          2.    Costs to comply with the requirements for E911 service
1398     contained in the order and any future rules related to the
1399     order.
1400          (b)    Ninety-six percent of the moneys in the nonwireless
1401     category shall be distributed each month to counties based on
1402     the total number of service identifiers in each county and shall


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1403     be used exclusively for payment of authorized expenditures, as
1404     specified in s. 365.172(10).
1405          (c)   Sixty-one percent of the moneys in the prepaid
1406     wireless category shall be distributed each month to counties
1407     based on the total amount of fees reported and paid in each
1408     county and shall be used exclusively for payment of authorize d
1409     expenditures, as specified in s. 365.172(10). The moneys from
1410     prepaid wireless E911 fees identified as nonspecific in
1411     accordance with s. 365.172(9) shall be distributed as determined
1412     by the Emergency Communications E911 Board.
1413          (d)   Any county that receives funds under paragraphs (a),
1414     (b), and (c) shall establish a fund to be used exclusively for
1415     the receipt and expenditure of the revenues collected under
1416     paragraphs (a), (b), and (c). All fees placed in the fund and
1417     any interest accrued shall be used solely for costs described in
1418     subparagraphs (a)1. and 2. and may not be reduced, withheld, or
1419     allocated for other purposes. The money collected and interest
1420     earned in this fund shall be appropriated for these purposes by
1421     the county commissioners and incorporated into the annual county
1422     budget. The fund shall be included within the financial audit
1423     performed in accordance with s. 218.39. The financial audit
1424     shall assure that all emergency communications E911 fee
1425     revenues, interest, and emergency communications E911 grant
1426     funding are used for payment of authorized expenditures, as
1427     specified in s. 365.172(10) and as specified in the Emergency
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1428     Communications E911 Board grant and special disbursement
1429     programs. The board may, in accordance with board rules,
1430     withhold future distribution of grant funds or request a return
1431     of all or a portion of funds previously awarded based on
1432     findings from the financial audit. The county is responsible for
1433     all expenditures of revenues distributed from the county
1434     emergency communications E911 fund and shall submit the
1435     financial audit reports to the board for review. A county may
1436     carry forward up to 30 percent of the total funds disbursed to
1437     the county by the board during a county fiscal year for
1438     expenditures for capital outlay, capital improvements, equipment
1439     replacement, or implementation of a hosted system if such
1440     expenditures are made for the purposes specified in
1441     subparagraphs (a)1. and 2.; however, the 30-percent limitation
1442     does not apply to funds disbursed to a county under s.
1443     365.172(6)(a)3., and a county may carry forward any percentage
1444     of the funds, except that any grant provided shall continue to
1445     be subject to any condition imposed by the board. In order to
1446     prevent an excess recovery of costs incurred in providing
1447     emergency communication E911 service, a county that receives
1448     funds greater than the permissible emergency communication E911
1449     costs described in s. 365.172(10), including the 30 -percent
1450     carryforward allowance, must return the excess funds to the E911
1451     board to be allocated under s. 365.172(6)(a).


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1452          (e)   Twenty percent of the moneys in the wireless category
1453     shall be distributed to wireless providers in response to sworn
1454     invoices submitted to the board by wireless providers to
1455     reimburse such wireless providers for the actual costs incurred
1456     to provide 911 or E911 service, including the costs of complying
1457     with the order. Such costs include costs and expenses incurred
1458     by wireless providers to design, purchase, lease, program,
1459     install, test, upgrade, operate, and maintain all necessary
1460     data, hardware, and software required to provide E911 service.
1461     Each wireless provider shall submit to the board, by August 1 of
1462     each year, a detailed estimate of the capital and operating
1463     expenses for which it anticipates that it will seek
1464     reimbursement under this paragraph during the ensuing state
1465     fiscal year. In order to be eligible for recovery during any
1466     ensuing state fiscal year, a wireless provider must submit all
1467     sworn invoices for allowable purchases made within the previo us
1468     calendar year no later than March 31 of the fiscal year. By
1469     September 15 of each year, the board shall submit to the
1470     Legislature its legislative budget request for funds to be
1471     allocated to wireless providers under this paragraph during the
1472     ensuing state fiscal year. The budget request shall be based on
1473     the information submitted by the wireless providers and
1474     estimated surcharge revenues. Distributions of moneys in the
1475     fund by the board to wireless providers must be fair and
1476     nondiscriminatory. If the total amount of moneys requested by
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1477     wireless providers pursuant to invoices submitted to the board
1478     and approved for payment exceeds the amount in the fund in any
1479     month, wireless providers that have invoices approved for
1480     payment shall receive a pro rata share of moneys in the fund and
1481     the balance of the payments shall be carried over to the
1482     following month or months until all of the approved payments are
1483     made. The board may adopt rules necessary to address the manner
1484     in which pro rata distributions are made when the total amount
1485     of funds requested by wireless providers pursuant to invoices
1486     submitted to the board exceeds the total amount of moneys on
1487     deposit in the fund.
1488          (e)(f)   One percent of the moneys in each category of the
1489     fund shall be retained by the board to be applied to costs and
1490     expenses incurred for the purposes of managing, administering,
1491     and overseeing the receipts and disbursements from the fund and
1492     other activities as defined in s. 365.172(6). Any funds retained
1493     for such purposes in a calendar year which are not applied to
1494     such costs and expenses by March 31 of the following year shall
1495     be redistributed as determined by the board.
1496          (f)(g)   Three percent of the moneys in each category of the
1497     fund and an additional 1 percent of the moneys collected in t he
1498     wireless category shall be used to make monthly distributions to
1499     rural counties for the purpose of providing facilities and
1500     network and service enhancements and assistance for the
1501     emergency communications 911 or E911 systems operated by rural
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1502     counties and for the provision of grants by the office to rural
1503     counties for upgrading and replacing emergency communications
1504     E911 systems.
1505            (g)(h)   Thirty-five percent of the moneys in the prepaid
1506     wireless category shall be retained by the board to provide
1507     state emergency communications E911 grants to be awarded in
1508     accordance with the following order of priority:
1509            1.    For all large, medium, and rural counties to upgrade or
1510     replace emergency communications E911 systems.
1511            2.    For all large, medium, and rural counties to develop
1512     and maintain statewide 911 routing, geographic, and management
1513     information systems.
1514            3.    For all large, medium, and rural counties to develop
1515     and maintain next-generation 911 services and equipment.
1516            (h)(i)   If the wireless category has funds remaining in it
1517     on December 31 after disbursements have been made during the
1518     calendar year immediately prior to December 31, the board may
1519     disburse the excess funds in the wireless category in accordance
1520     with s. 365.172(6)(a)3.b.
1521            (3)    The Legislature recognizes that the fee authorized
1522     under s. 365.172 may not necessarily provide the total funding
1523     required for establishing or providing the emergency
1524     communications E911 service. It is the intent of the Legislature
1525     that all revenue from the fee be used as specified in subsection
1526     (2).
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1527          Section 3.     Subsection (1) of section 365.177, Florida
1528     Statutes, is amended to read:
1529          365.177     Transfer of E911 calls between systems.—
1530          (1)    The office shall develop a plan by December 30, 2023
1531     February 1, 2020, to upgrade all 911 public safety answering
1532     points within the state to allow the transfer of an emergency
1533     call from one local, multijurisdictional, or regional E911
1534     system to another local, multijurisdictional, or regional E911
1535     system in the state no later than December 30, 2033. Such
1536     transfer should include voice, text message, image, video,
1537     caller identification information, location information, and
1538     additional standards-based 911 call information. The plan shall
1539     prioritize the upgrade of PSAPs based on the population serve d
1540     by each PSAP, the capability of a jurisdiction or region to
1541     modernize PSAPs beyond legacy 911 infrastructure, and the
1542     ability of a jurisdiction or region to address interoperability
1543     between PSAPs. The plan must identify and address the projected
1544     costs of providing these transfer capabilities and project the
1545     ability of each county to meet operational costs based on
1546     disbursement of funds under s. 365.173(2)(a), (b), and (c).
1547          Section 4.     Subsection (10) of section 212.05965, Florida
1548     Statutes, is amended to read:
1549          212.05965    Taxation of marketplace sales.—
1550          (10)   Notwithstanding any other law, the marketplace
1551     provider is also responsible for collecting and remitting any
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1552     prepaid wireless public safety emergency communications systems
1553     E911 fee under s. 365.172, waste tire fee under s. 403.718, and
1554     lead-acid battery fee under s. 403.7185 at the time of sale for
1555     taxable retail sales made through its marketplace.
1556          Section 5.   Section 365.171, Florida Statutes, is amended
1557     to read:
1558          365.171   Emergency communications number E911 state plan.—
1559          (1)    SHORT TITLE.—This section may be cited as the "Florida
1560     Emergency Communications Number E911 State Plan Act."
1561          (2)    LEGISLATIVE INTENT.—It is the intent of the
1562     Legislature that the communications number "911" be the
1563     designated emergency communications number. A public safety
1564     agency may not advertise or otherwise promote the use of any
1565     communications number for emergency response services other than
1566     "911." It is further the intent of the Legislature to implement
1567     and continually update a cohesive statewide emergency
1568     communications number "E911" plan for enhanced 911 services
1569     which will provide citizens with rapid direct access to public
1570     safety agencies by accessing "911" with the objective of
1571     reducing the response time to situations requiring law
1572     enforcement, fire, medical, rescue, and other emergency
1573     services.
1574          (3)    DEFINITIONS.—As used in this section, the term:




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1575          (a)   "Office" means the Division of Telecommunications
1576     within the Department of Management Services, as designated by
1577     the secretary of the department.
1578          (b)   "Local government" means any city, county, or
1579     political subdivision of the state and its agencies.
1580          (c)   "Public agency" means the state and any city, county,
1581     city and county, municipal corporation, chartered organiza tion,
1582     public district, or public authority located in whole or in part
1583     within this state which provides, or has authority to provide,
1584     firefighting, law enforcement, ambulance, medical, or other
1585     emergency services.
1586          (d)   "Public safety agency" means a functional division of
1587     a public agency which provides firefighting, law enforcement,
1588     medical, or other emergency services.
1589          (4)   STATE PLAN.—The office shall develop, maintain, and
1590     implement appropriate modifications for a statewide emergency
1591     communications E911 system plan. The plan shall provide for:
1592          (a)   The public agency emergency communications
1593     requirements for each entity of local government in the state.
1594          (b)   A system to meet specific local government
1595     requirements. Such system shall include law enforcement,
1596     firefighting, and emergency medical services and may include
1597     other emergency services such as poison control, suicide
1598     prevention, and emergency management services.


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1599          (c)   Identification of the mutual aid agreements necessary
1600     to obtain an effective emergency communications systems E911
1601     system.
1602          (d)   A funding provision that identifies the cost necessary
1603     to implement the emergency communications E911 system.
1604
1605     The office shall be responsible for the implementation and
1606     coordination of such plan. The office shall adopt any necessary
1607     rules and schedules related to public agencies for implementing
1608     and coordinating the plan, pursuant to chapter 120.
1609          (5)   SYSTEM DIRECTOR.—The secretary of the department or
1610     his or her designee is designated as the director of the
1611     statewide emergency communications number E911 system and, for
1612     the purpose of carrying out the provisions of this section, is
1613     authorized to coordinate the activities of the system with
1614     state, county, local, and private agencies. The director in
1615     implementing the system shall consult, cooperate, and coordinate
1616     with local law enforcement agencies.
1617          (6)   REGIONAL SYSTEMS.—This section does not prohibit or
1618     discourage the formation of multijurisdictional or regional
1619     systems; and any system established pursuant to this section may
1620     include the jurisdiction, or any portion thereof, of more than
1621     one public agency. It is the intent of the Legislature that
1622     emergency communications services E911 service be available
1623     throughout the state. Expenditure by counties of the E911 fee
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 745     (2023)
         Amendment No. 1


1624     authorized and imposed under s. 365.172 should support this
1625     intent to the greatest extent feasible within the context of
1626     local service needs and fiscal capability. This section does not
1627     prohibit two or more counties from establishing a c ombined
1628     emergency E911 communications service by an interlocal agreement
1629     and using the fees authorized and imposed by s. 365.172 for such
1630     combined E911 service.
1631          (7)    TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
1632     shall coordinate with the Florida Public Service Commission
1633     which shall encourage the Florida telecommunications industry to
1634     activate facility modification plans for timely emergency
1635     communications services E911 implementation.
1636          (8)    COIN TELEPHONES.—The Florida Public Service Commission
1637     shall establish rules to be followed by the telecommunications
1638     companies in this state designed toward encouraging the
1639     provision of coin-free dialing of "911" calls wherever
1640     economically practicable and in the public interest.
1641          (9)    SYSTEM APPROVAL.—No emergency communications number
1642     E911 system shall be established and no present system shall be
1643     expanded without prior approval of the office.
1644          (10)   COMPLIANCE.—All public agencies shall assist the
1645     office in their efforts to carry out the intent of this section ,
1646     and such agencies shall comply with the developed plan.
1647          (11)   FEDERAL ASSISTANCE.—The secretary of the department
1648     or his or her designee may apply for and accept federal funding
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 745    (2023)
         Amendment No. 1


1649     assistance in the development and implementation of a statewide
1650     emergency communications number E911 system.
1651          (12)   CONFIDENTIALITY OF RECORDS.—
1652          (a)    Any record, recording, or information, or portions
1653     thereof, obtained by a public agency or a public safety agency
1654     for the purpose of providing services in an emergency and which
1655     reveals the name, address, telephone number, or personal
1656     information about, or information which may identify any person
1657     requesting emergency service or reporting an emergency by
1658     accessing an emergency communications E911 system is
1659     confidential and exempt from the provisions of s. 119.07(1) and
1660     s. 24(a), Art. I of the State Constitution, except that such
1661     record or information may be disclosed to a public safety
1662     agency. The exemption applies only to the name, address,
1663     telephone number or personal information about, or information
1664     which may identify any person requesting emergency services or
1665     reporting an emergency while such information is in the custody
1666     of the public agency or public safety agency providing emergency
1667     services. A telecommunications company or commercial mobile
1668     radio service provider shall not be liable for damages to any
1669     person resulting from or in connection with such telephone
1670     company's or commercial mobile radio service provider's
1671     provision of any lawful assistance to any investigative or law
1672     enforcement officer of the State of Florida or political
1673     subdivisions thereof, of the United States, or of any other
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 745      (2023)
         Amendment No. 1


1674     state or political subdivision thereof, in connection with any
1675     lawful investigation or other law enforcement activity by such
1676     law enforcement officer unless the telecommunications company or
1677     commercial mobile radio service provider acted in a wanton and
1678     willful manner.
1679          (b)   Notwithstanding paragraph (a), a 911 public safety
1680     telecommunicator, as defined in s. 401.465, may contact any
1681     private person or entity that owns an automated external
1682     defibrillator who has notified the local emergency medical
1683     services medical director or public safety answering point of
1684     such ownership if a confirmed coronary emergency call is taking
1685     place and the location of the coronary emergency is within a
1686     reasonable distance from the location of the defibrillator, and
1687     may provide the location of the coronary emergency to that
1688     person or entity.
1689          Section 6.     Paragraph (b) of subsection (2) of section
1690     365.174, Florida Statutes, is amended to read:
1691          365.174   Proprietary confidential business information. —
1692          (2)
1693          (b)   The Department of Revenue may provide information
1694     relative to s. 365.172(9) to the Secretary of Management
1695     Services, or his or her authorized agent, or to the Emergency
1696     Communications E911 Board established in s. 365.172(5) for use
1697     in the conduct of the official business of the Department of
1698     Management Services or the Emergency Communications E911 Board.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 745    (2023)
         Amendment No. 1


1699
1700
1701           -----------------------------------------------------
1702                       T I T L E   A M E N D M E N T
1703          Remove everything before the enacting clause and insert:
1704     An act relating to emergency communications; amending s.
1705     365.172, F.S.; revising short title; revising legislative
1706     intent; revising and providing definitions; renaming the E911
1707     Board as the Emergency Communications Board; providing the
1708     purpose of the board; revising the composition of the board;
1709     establishing board responsibilities; requiring the board to
1710     administer fees; authorizing the board to create subcomm ittees;
1711     authorizing the board to establish schedules for implementing
1712     certain wireless NG911 systems and improvements; establishing
1713     notice and publication requirements before distribution of grant
1714     funds; providing for priority of county applications for such
1715     funds; requiring board oversight of such funds; eliminating
1716     certain authority of the board; providing for the board's
1717     authority to implement changes to the allocation percentages or
1718     to adjust the fee; revising the frequency of board meetings;
1719     specifying that the Division of Telecommunications within the
1720     Department of Management Services must disburse funds to
1721     counties and provide a monthly report of such disbursements;
1722     revising the composition of a committee that reviews requests
1723     for proposals from the board regarding independent accounting
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 745    (2023)
         Amendment No. 1


1724     firm selection; revising provisions relating to the public
1725     safety emergency communications systems fee; requiring uniform
1726     application and imposition of the fee; revising the factors that
1727     the board considers when setting percentages or contemplating
1728     adjustments to the fee; updating provisions relating to the
1729     prepaid wireless public safety emergency communications systems
1730     fee; revising emergency communications and 911 service
1731     functions; revising the types of emergency communications
1732     equipment and services that are eligible for expenditure of
1733     moneys derived from the fee; amending s. 365.173, F.S.; renaming
1734     the Communications Number E911 System Fund as the Emergency
1735     Communications Trust Fund; revising the percent distribution of
1736     the fund to be used exclusively for payment of certain
1737     authorized expenditures; removing the percent distribution to
1738     wireless providers; authorizing the board, pursuant to rule, to
1739     withhold certain distributions of grant funds or request a
1740     return of all or a portion of such funds based on a financial
1741     audit; adding a specified percent distribution to rural
1742     counties; amending s. 365.177, F.S.; extending the date by which
1743     the Division of Telecommunications within the Department of
1744     Management Services must develop a plan to upgrade 911 public
1745     safety answering points; specifying components of the required
1746     plan; amending ss. 212.05965, 365.171, and 365.174, F.S.;
1747     conforming provisions to changes made by the act; providing an
1748     effective date.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 745   (2023)
         Amendment No. 1


1749




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CS/HB 761
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 761 Telephone Solicitation
SPONSOR(S): Civil Justice Subcommittee, Fabricio
TIED BILLS:        IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform & Economic Development                 12 Y, 0 N               Thompson           Anstead
     Subcommittee

  2) Civil Justice Subcommittee                               12 Y, 3 N, As CS        Mathews            Jones

  3) Commerce Committee                                                               Thompson           Hamon


                                             SUMMARY ANALYSIS
Chapter 501, part IV, of the Florida Telemarketing Act (FTA), regulates telemarketers and requires non-exempt
businesses engaged in telemarketing and their salespeople to be licensed by the Florida Department of
Agriculture and Consumer Services (DACS) before operating in Florida. Florida law also prohibits telephonic
sales calls that use an automated system for the selection or dialing of telephone numbers or the playing of
recorded messages (robocall) without the prior express written consent of the called party, with some
exceptions. Unsolicited telephonic sales calls and text messages from telemarketers are prohibited. Residents
who do not wish to receive such calls may have their residential, mobile, or paging device telephone number
included on Florida’s Do Not Call List.

The bill amends s. 501.059, F.S., to:
    Revise the prohibition on telephonic sales calls that use an automated system to specifically include
        unsolicited calls using certain automatic telephone dialing systems.
    Clarify what constitutes consent and clear and conspicuous disclosure.
    Clarify that a “signature” includes an affirmative act that demonstrates express consent, such as the
        checking of a box indicating consent.
    Provide a safe harbor period of thirty days from the date a consumer withdraws consent to receive
        communications or notifies the telephone solicitor that he or she does not want to receive
        communications.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0761d.COM
DATE: 4/6/2023
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Florida Telemarketing Act

         Chapter 501, part IV, the Florida Telemarketing Act (FTA), requires non-exempt businesses engaged in
         telemarketing and their salespeople to be licensed by the Florida Department of Agriculture and
         Consumer Services (DACS) before operating in Florida. Certain exempt entities must have a valid
         affidavit of exemption on file prior to operating in Florida. There are approximately 28 exemptions,
         including: soliciting for religious, charitable, political or educational purposes; research companies;
         newspapers; book and video clubs; cable television; and persons or companies with whom the
         consumer has a prior business relationship.1

         The FTA generally requires businesses that solicit the sale of consumer goods or services to:
             Be licensed;2
             Post a form of security;3
             License all of their salespeople;4 and
             Provide DACS with a list of all telephone numbers used to make sales calls. 5

         An application for licensure as a telemarketer must include several pieces of information, including the
         applicant’s identifying information, prior experience in the field, criminal and administrative history
         (especially relating to fraud, theft, or unfair and deceptive trade practices), phone numbers from which
         the telemarketer will make sales calls, and any parent or affiliate entities under which it will transact
         business, if applicable.6

         Additionally, an applicant for licensure as a telemarketer must submit:
             A script that will be used by its salespersons during calls, or other related literature;
             The identity, address, date of birth, and alias of each of the applicant’s principal officers,
                 directors, trustees, shareholders, owners, partners, office managers, and salespersons who are
                 employed by or affiliated with the applicant; and
             A $1,500 licensing fee.7

         In Florida, it is unlawful for telemarketers to:8
              Make calls before 8 a.m. or after 8 p.m. local time at the called person’s time zone.
              Fail to provide the call recipient with their name and telephone number.
              Accept novelty payments.9
              Employ or be affiliated with an unlicensed salesperson.
              Be employed by or affiliated with an unlicensed commercial telephone seller.
              Operate without a license.

1 S. 501.604, F.S.
2 S. 501.605, F.S.
3 S. 501.611, F.S., requires a $50,000 bond, irrevocable letter of credit issued for the applicant, or a certificate of deposit in favor of

the Department for payment on findings of fraud, misrepresentation, breach of contract, or other v iolation by the applicant.
4 S. 501.607, F.S.
5 S. 501.605, F.S.
6 S. 501.605(2), F.S.
7 S. 501.605(5)(b), F.S.
8 S. 501.616, F.S.
9 S. 501.603(8), F.S., defines a “novelty payment” as a payment method that does not have systematic monitoring and includes

remotely created checks, remotely created payment orders, cash -to-cash money transfers (such as Western Union) and cash reload
mechanisms (such as MoneyPak or ReloadIt). Novelty payment methods are not systematically monitored, have little to no consumer
protection in the case of fraud or theft, and are used frequently in scams and other fraudulent activity.
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         Florida Telemarketing Act - Violations

         Violations of the FTA are punishable by a civil fine of up to $10,000 per violation, 10 the imposition of
         criminal penalties, including conviction of a felony offense.11 DACS and the office of the state attorney
         have investigative authority, including the power to subpoena witnesses if a violation occurs. 12
         Reasonable attorney fees and costs may be awarded to the prevailing party in a civil action as part of a
         judgment or administrative order.13

         Do Not Call

         Section 501.059, F.S., governs telephone solicitations. The law includes the Florida Do Not Call Act,
         also known as the "Do Not Call” list (DNC list), which prohibits unsolicited telephonic sales calls and
         text messages from telemarketers.14 Residents who do not wish to receive unsolicited telephonic sales
         calls may have their residential, mobile, or paging device telephone number included on the DNC list.
         DACS maintains the DNC list, it is free to register, and a registered number remains on the DNC list
         indefinitely.15

         An “unsolicited telephonic sales call” does not include calls made:
             In response to an express request of the person called;
             Primarily in connection with an existing debt or contract, if payment or performance of such debt
                or contract has not been completed at the time of such call;
             To a person with whom the telephone solicitor has a prior or existing business relationship; or
             By a newspaper publisher or his or her agent or employee in connection with his or her
                business.16

         Telephone solicitors 17 are prohibited from making telephonic sales calls 18 to consumers who register for
         the DNC list. A “telephonic sales call” means a telephone call, text message, or voicemail transmission
         to a consumer for the purpose of soliciting a sale of consumer goods or services, soliciting an extension
         of credit for consumer goods or services, or obtaining information that will or may be used for the direct
         solicitation of a sale of consumer goods or services or an extension of credit for such purposes. 19

         In addition to those consumers who are registered for the DNC list, a telephone solicitor may not call or
         text a consumer who previously communicated to the telephone solicitor that he or she does not wish
         to be contacted. Businesses and non-profit organizations are required to maintain a list of consumers
         who have made a do-not-call registration request. It is a violation of the Florida Do Not Call Act to call a
         consumer who has requested placement on the company's do-not-call list.20

         When a telephone number is made available through a caller ID service during a telephonic sales call,
         the solicitor must ensure that the number is capable of receiving phone calls, and that the dialing of the


10 S. 501.619, F.S.
11 S. 501.623, F.S.
12 S. 501.617, F.S.
13 S. 501.621, F.S.
14 See s. 501.059, F.S.
15 Dept. of Ag. and Consumer Services, Florida Do Not Call, https://www.fdacs.gov/Consumer-Resources/Florida-Do-Not-Call (last

visited Mar. 21, 2023).
16 S. 501.059(1)(k), F.S.
17 S. 501.059(1)(i), F.S., defines “telephone solicitor” as “a natural person, firm, organization, partnership, association, or corporation,

or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but
not limited to, calls made by use of automated dialing or recorded message devices.”
18 S. 501.059(1)(j), F.S., defines “telephonic sales call” as a telephone call, text message, or voicemail transmission to a con sumer for

the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for consumer goods or services, or
obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an exte nsion of
credit for such purposes.
19 S. 501.059(1)(j), F.S.
20 S. 501.059(5), F.S.
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         number will connect the call recipient with the telephone solicitor or the seller on behalf of which the
         phone call was placed.21

         Anyone who receives an unsolicited sales call can report the call to DACS using the online Do Not Call
         Complaint Form.22

         Do Not Call - Consent

         The law governing telephone solicitations also prohibits automated telephonic sales calls without the
         prior express written consent of the called party. Specifically, the law provides that:

                   A person may not make or knowingly allow a telephonic sales call to be made if
                   such call involves an automated system for the selection or dialing of telephone
                   numbers or the playing of a recorded message when a connection is completed
                   to a number called without the prior express written consent of the called party.23

         "Prior express written consent" is defined as a written agreement that:
              Bears the signature of the called party;
              Clearly authorizes the person making or allowing the placement of a telephonic sales call by
                 telephone call, text message, or voicemail transmission to deliver or cause to be delivered to the
                 called party a telephonic sales call using an automated system for the selection or dialing of
                 telephone numbers, the playing of a recorded message when a connection is completed to a
                 number called, or the transmission of a prerecorded voicemail; and
              Includes the telephone number to which the signatory authorizes a telephonic sales call to be
                 delivered.24

         Prior express written consent must include a clear and conspicuous disclosure inform ing the called
         party that:
              By executing the agreement, the called party authorizes the person making or allowing the
                 placement of a telephonic sales call to deliver or cause to be delivered a telephonic sales call to
                 the called party using an automated system for the selection or dialing of telephone numbers or
                 the playing of a recorded message when a connection is completed to a number called; and
              He or she is not required to directly or indirectly sign the written agreement or to agree to enter
                 into such an agreement as a condition of purchasing any property, goods, or services. 25

         There is a rebuttable presumption that a telephonic sales call made to any Florida area code is a call
         made to a Florida resident or to a person in Florida at the time of the call.26

         Do Not Call - Violations

         A telephone solicitor who violates the DNC provisions is subject to an injunction and a civil penalty27
         with a maximum fine of $10,000 per violation, or an administrative fine28 of up to $1,000 per violation.
         Additionally, a telephone solicitor may be held responsible for the consumer’s attorney fees and
         costs.29

         A party who was called in violation of the Do Not Call Act may bring an action for an injunction and
         actual damages or $500, whichever is greater.30 Courts that find that a defendant willfully or knowingly

21 S. 501.059(8)(b),   F.S.
22 DACS, Florida Do Not Call, https://www.fdacs.gov/Consumer-Resources/Florida-Do-Not-Call   (last visited Mar. 21, 2023).
23 S. 501.059(8)(a), F.S.
24 S. 501.059(1)(g), F.S.
25 S. 501.059(1)(g)4., F.S.
26 S. 501.059(8)(d), F.S.
27 S. 501.059(9)(a), F.S.
28 S. 501.059(9)(b), F.S.
29 S. 501.059(11), F.S.
30 S. 501.059(10)(a), F.S.
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          violated these provisions are authorized to increase the amount of the award to not more than three
          times the amount of damages.31

          Federal Telephone Consumer Protection Act (TCPA) History

          In an effort to address a growing number of telephone marketing calls, Congress enacted the
          Telephone Consumer Protection Act (TCPA) in 1991. The TCPA restricts the making of telemarketing
          calls and the use of automatic telephone dialing systems and artificial or prerecorded voice m essages.
          The rules apply to common carriers as well as to other marketers. In 1992, the Commission adopted
          rules to implement the TCPA, including the requirement that entities making telephone solicitations
          institute procedures for maintaining company-specific do-not-call lists.32

          In July 2015, the Federal Communications Commission (FCC) established rules indicating that
          telephone carriers can block unwanted calls at the request of consumers. 33 Currently there are a
          number of call-blocking applications that provide some relief from unwanted calls and spam calls.34

          On November 16, 2017, the FCC adopted new rules to allow voice service providers to proactively
          block certain types of robocalls that are likely to be fraudulent because they come from certain types of
          phone numbers, including those that do not or cannot make outgoing calls. 35 For example, perpetrators
          have used IRS phone numbers that do not dial out to impersonate the tax agency, informing the people
          who answer that they are calling to collect money owed to the U.S. government. Such calls appear
          legitimate to the person who receives them and may often result in fraud or identity theft. Service
          providers can now block such calls, as well as calls from invalid or illegitimate numbers. 36

          The FCC requires telemarketers to transmit caller identification information, including the number and
          name of the caller. The telephone number provided must permit any individual to make a do-not-call
          request during regular business hours. Moreover, any person or entity that engages in telemarketing is
          prohibited from blocking the transmission of caller identification information. However, tax-exempt
          nonprofit organizations are exempt from compliance with these rules. 37

          With regard to telephone carriers, the FCC allows carriers to offer their customers external call-blocking
          applications on their landlines and allows carriers to directly block certain illegal robocalls. In December
          2019, Congress enacted the “TRACED Act” to aid enforcement efforts between law enforcement
          agencies and the private sector on traceback issues, and required the FCC to issue rules “for the
          registration of a single consortium that conducts private-led efforts to trace back the origin of suspected
          unlawful robocalls.”38 In July of 2020, the FCC designated the US Telecom-led Industry Traceback
          Group (ITG) as the Official Consortium for coordinating industry-led efforts to trace back the origin of
          suspected unlawful robocalls.39

          According to the ITG’s first annual report, over 100 companies participated in over 1,000 ITG traceback
          investigations in 2019, identifying more than 10 million illegal robocalls and resulting in more than 20
          subpoenas and/or civil investigative demands from federal and state enforcement agencies.40

31 S. 501.059(10)(b ),   F.S.
32 Federal Communications Commission, FCC Actions on Robocalls, Telemarketing, https://www.fcc.gov/general/telemarketing-and-

robocalls (last visited Mar. 21, 2023).
33 Declaratory Ruling and Order, In the Matter of Rules and Regulations Implementing the Telecommunications Consumer Protection

Act of 1991, 30 FCC Rcd. 7961 (July 10, 2015).
34 CTIA, The Wireless Association, How to Stop Robocalls, https://www.ctia.org/cons umer-tips/robocalls (last visited Mar. 21, 2023).
35 32 FCC Rcd 9706 (11).
36 Federal Communications Commission, Stop Unwanted Calls and Texts, https://www.fcc.gov/consumers/guides/stop-unwanted-

calls-and-texts (last visited Mar. 21, 2023).
37 47 C.F.R. s. 64.1601.
38 Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, Pub. L. No. 116 -105, 133 Stat. 3274 (2019).
39
   USTelecom The Broadband Association, FCC Names USTelecom’s Industry Traceback Group as Official Robocall Traceback
Consortium, https://www.ustelecom.org/fcc-names-ustelecoms-industry-traceback-group-as-official-robocall-traceback-consortium/
(last visited Mar. 21, 2023).
40 InsideArm, The Latest Developments in the World of Call Delivery, https://www.insidearm.com/news/00047073-latest-

developments-world-call-delivery/ (last visited Mar. 21, 2022).
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        The ITG reported in a letter to the FCC on November 13, 2020, that about 100 providers had failed to
        cooperate with the ITG, including approximately 30 based in the United States. 41 The ITG encouraged
        the FCC to bring aggressive enforcement against robocallers and voice service providers that routinely
        refuse to participate in the traceback process.42

        In its Fourth Report and Order on Advanced Methods to Target and Eliminate Unlawful Robocalls
        released on December 30, 2020, the FCC required “all voice service providers to respond to traceback
        requests from the FCC, civil and criminal law enforcement and the Consortium.” 43

        The TRACED Act requires the FCC to issue an annual public notice seeking applicants to serve as the
        registered consortium.44 On August 22, 2022, the FCC selected the Industry Traceback Group (ITG) to
        continue to serve as the registered consortium.45

        On September 12, 2022, the FCC announced the signing of an updated Memorandum of
        Understanding (MOU) with the Body of European Regulators for Electronic Communications (BEREC)
        that expands their current partnership, with a new focus on combatting unwanted robocalls and the
        promotion of 5G, 6G and beyond. One of the major topics of mutual interest includes robocall and other
        automated calls’ mitigation and prevention.46

        National Do Not Call Registry

        Although individual states addressed consumers’ requests to stop unwanted telemarketing calls before
        the federal government did,47 the federal government soon followed with a National Do Not Call
        Registry in 2003.48 In July 2003, the federal government issued a report and order establishing the
        National Do Not Call registry. The national registry covers all telemarketers (with the exception of
        certain nonprofit organizations), and applies to both interstate and intrastate calls. The registry is
        administered by the FTC. To reduce the number of hang-up and dead air calls consumers experience,
        the Commission’s telemarketing rules also contain restrictions on the use of autodialers and
        requirements for transmitting caller ID information.

        As the National Do Not Call Registry has gained popularity, some states have decided to forgo the
        expense of maintaining their own DNC lists. Currently, only 12 states maintain their own Do Not Call
        lists: Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma,
        Pennsylvania, Tennessee, Texas and Wyoming.49

        Constitutionality of Do Not Call Registries

        Do Not Call registries have been subject to numerous state and federal lawsuits challenging their
        constitutionality. Such lawsuits have been unsuccessful. The courts have found the Do Not Call
        Registry is a reasonable restriction on commercial speech and that the FTC is authorized to promulgate
        rules for the registry. The Tenth Circuit Court of Appeals stated that “the do-not-call registry prohibits

41 USTelecom,    Enforcement Bureau Requests Information on the Status of Private -Led
Traceback Efforts of Suspected Unlawful Robocalls, EB Docket No. 20-195, Nov. 13, 2020,
https://docs.fcc.gov/public/attachments/DOC-368957A2.pdf (last visited Mar. 21, 2023).
42 InsideArm, The Latest Developments in the World of Call Delivery, https://www.insidearm.com/news/00047073-latest-

developments-world-call-delivery/ (last visited Mar. 21, 2022).
43 Federal Communications Commission, Report and Order (Aug. 22, 2022) https://tcpaworld.com/wp-

content/uploads/2022/08/RENEWAL-OF-UST-TRA CEBA CK-GROUP.pdf (last visited Mar. 21, 2023).
44 TRACED Act, s. 13(d)(2).
45 Federal Communications Commission, Report and Order DA 21-1047 (Aug. 25, 2021) https://www.fcc.gov/document/fcc-retains-

industry-traceback-group-robocall-consortium (last visited Mar. 21, 2022).
46 Federal Communications Commission, Press Release, FCC RENEWS AND EXPANDS PARTNERSHIP WITH EUROPEAN

COUNTERPARTS, Sep. 12, 2022).
47 At least 28 states, starting with Florida in 1987, have implemented Do Not Call registries.
48 Federal Trade Commission, National Do Not Call Registry, https://www.donotcall.gov/ (last visited Mar. 21, 2023).
49 Contact Compliance Center Corporation, State Do Not Call Lists, https://www.dnc.com/faq/state-do-not-call-lists?page=1 (last

visited Mar. 21, 2022).
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DATE: 4/6/2023
         only telemarketing calls aimed at consumers who have affirmatively indicated that they do not want to
         receive such calls and for whom such calls would constitute an invasion of privacy.” Thus, the
         government has a role in restricting the ability of a telemarketer to reach a household via telephone,
         and because the government has left the ultimate decision of whether or not to be placed on the
         registry up to the individual, the government has not restricted the First Amendment rights of the
         solicitor.50

         Claims of preemption have also been unsuccessful. The TCPA’s non-preemption clause,51 often
         referred to as the savings clause, has been relied upon by courts to uphold states’ Do Not Call
         Registries. The clause states that “[n]othing in this section or in the regulations prescribed under this
         section shall preempt any State law that imposes more restrictive intrastate requirements or regulation.”
         The clause indicates specific types of actions that a state may prohibit or place more restrictive
         regulations on, such as sending unsolicited advertisements via fax, using of automatic dialing systems
         and prerecorded messages, and making telephone solicitations. 52

         The TPCA is silent on a state’s ability to place stricter regulations than the TCPA requires for interstate
         calls.53 However, at least one federal court of appeals has held that state regulations and prohibitions of
         telemarketing that cross state boundaries are valid. 54

         Caller ID and “Spoofing”

         “Spoofing” is the practice of altering or manipulating the caller ID information that is received in
         conjunction with an incoming telephone call. In the past, caller ID services were not common and
         spoofing required special equipment or a relatively high degree of technical sophistication. However,
         advances in technology, such as the proliferation of cellular phones, cell phone applications, and the
         widespread availability of Voice over Internet Protocol (VoIP) allows anyone to inexpensively spoof his
         or her caller ID using the services of a third-party spoofing provider.55 For example, one such spoofing
         provider allows a consumer to download an app on his or her smartphone, purchase credits towards
         call time, and simply input the number that he or she wants displayed on the receiving end in order to
         place an untraceable, spoofed call.56

         In response to the growing practice of spoofing, Congress amended the TCPA to add the Truth in
         Caller ID Act of 2009. Under the Act and FCC rules, a person or entity is prohibited from transmitting
         false or misleading caller ID information “with the intent to defraud, cause harm, or wrongly obtain
         anything of value,” with a penalty of up to $10,000 for each violation.57 However, spoofing is not illegal
         when no harm is intended or caused, or if the caller has legitimate reasons to hide his or her
         information. Examples may include law enforcement agencies working on a case, a victim of domestic
         abuse, or a doctor who wishes to discuss private medical matters with a patient. 58

         In 2008, Florida passed its own anti-spoofing legislation, The Florida Caller ID Anti-Spoofing Act
         (2008).59 The Act prohibits any person from:
                Making a call with knowledge that false information was entered into a telephone caller ID
                   system with the intent to deceive, defraud, or mislead the call’s recipient; and

50 Mainstream Marketing Services Inc v. Federal Trade Commission, 358 F.3d 1228 (10th Cir. 2004).
51 47 U.S.C. s. 227(f)(1).
52 National Association of Attorneys General, Do Not Call: The History of Do Not Call and How Telemarketing Has Evolved ,

NAGTRI Journal, Vol. 1 No. 4.
53 47 U.S.C. s. 227 (f)(1).
54 See Patriotic Veterans, Inc. v. Indiana, 736 F.3d 1041 at 1044-45 (7th Cir. 2013) and Patriotic Veterans, Inc. v. State of Indiana,

No. 16-2059 (7th Cir. 2017)( “Preventing automated messages to persons who don’t want their peace and quie t disturbed is a valid
time, place, and manner restriction.”).
55 See FCC 11-100, Rules and Regulations Implementing the Truth in Caller ID Act of 2009 , WC Docket No. 11-39, (June 22, 2011),

at 9116, https://apps.fcc.gov/edocs_public/attachmatch/FCC-11-100A1_Rcd.pdf (last visited Mar. 21, 2023).
56 Business Insider, It’s Surprisingly Easy for a Hacker to Call Anyone From Your Personal Phone Number (March 1, 2016),

http://www.businessinsider.com/phone-number-spoofing-2016-2 (last visited Mar. 21, 2023).
57 47 U.S.C. s. 227(e).
58 FCC, Caller ID Spoofing, https://www.fcc.gov/consumers/guides/spoofing-and-caller-id (last visited Mar. 21, 2023).
59 S. 817.487, F.S. (2008).
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                    Entering false information into a telephone caller ID system “with the intent to deceive,
                     defraud, or mislead” the call’s recipient.

         However, a U.S. District Court in Miami found that Florida’s Caller ID Anti-Spoofing Act (2008) violated
         the Commerce Clause of the United State Constitution because it had the effect of controlling spoofing
         practices that took place entirely outside the state.60 Similarly, in 2011, a federal court in Mississippi
         struck down Mississippi’s anti-spoofing law, which was substantially similar to Florida’s.61

         Spam Robocalls

         US consumers received over 50.3 billion robocalls in 2022, only slightly less than the 50.5 billion total
         robocalls received in 2021 despite widespread enforcement efforts by government regulators and state
         officials.62

         Scammers often use caller ID spoofing to mask their true location and make it appear the call is from a
         legitimate or local number to raise the odds of getting an answer. What follows is a robotic voice on the
         other end claiming to represent a utility, a name-brand company, or a government agency (such as the
         Social Security Administration or the Internal Revenue Service). It might offer a free cruise, inexpensive
         health insurance, or a low-interest loan. Answering or engaging with the call may lead to a live
         scammer, who realizes he or she has found a “live” number, and thus may call repeatedly. 63

         Many robocalls are legal. The FCC allows such robocalls for informational or noncommercial purposes,
         such as polling, political campaigning and outreach by nonprofit groups.

         Advances in technology have magnified fundamental flaws in the American phone system, enabling
         unrelenting robocalls from untraceable origins. As a result, it is incredibly profitable to use spam calls to
         drive business regardless of whether the caller is perpetuating a scam or is a legitimate business using
         telemarketing to increase sales.64

         Consent and Revocation

         The TCPA prohibits a telemarketer from using an automatic telephone dialing system (ATDS) to place
         a call or send a text message to a cell phone without the recipient’s “prior express consent.”65 The
         type of consent depends on the nature of the call or text. Consent generally can be revoked by any
         reasonable method. However, some courts recently have considered whether revocation may be
         restricted in circumstances where the consent is included on a bilateral agreement. 66

         There are two types of prior consent provided for under the TCPA:
             Prior express consent is required to place autodialed, non-solicitation calls or texts to a cell
                phone.
             Prior express written consent is a heightened form of consent, must be evidenced by a written
                agreement signed by the call recipient, and is required to place autodialed telemarketing or


60 TelTech Systems, Inc. v. McCollum, No. 08-61664-CIV-MARTINEZ-BROWN               (S.D. Fla. Filed Oct. 16, 2008).
61 TelTech Systems, Inc. v. Barbour, 866 F. Supp. 2d 571 (S.D. Miss. 2011),   aff’d sub nom Teltech Systems, Inc. v. Bryant, 702 F.2d
232 (5th Cir. 2012).
62 PR Newswire, Robocalls Top 50.3 Billion in 2022, Matching 2021 Call Volumes Despite Enforcement Efforts,

 https://www.prnewswire.com/news -releases/robocalls-top-50-3-billion-in-2022--matching-2021-call-volu mes-despite-enforcement-
efforts-301714297.html#:~:text=IRVINE%2C%20Calif.%2C%20Jan.,government%20regulators%20and%20state%20officials (last
visited Mar. 21, 2023).
63 AARP, Robocalls, https://www.aarp.org/money/scams -fraud/info-2019/robocalls.html?CMP=KNC-DSO-Adobe-Google-FRD-

Ongoing-Robocalls-NonBrand-Exact-
Robocalls&gclid=EAIaIQobChMIlv mq_4Sr7wIVFYv ICh 2RAwjqEAA YA iAAEgJD4v D_BwE&gclsrc=aw.ds (last visited Mar. 21,
2022).
64 AARP, supra note 63.
65 47 U.S.C. s. 227(b)(1)(A)(iii).
66 The National Law Review, Consent and Revocation Under the TCPA, https://www.natlawreview.com/print/article/consent-and-

revocation-under-tcpa (last visited Mar. 21, 2023).
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                  advertising calls or texts to a cell phone. The written agreement must include a clear and
                  conspicuous disclosure informing the consumer signing that:
                     o By signing the agreement, the consumer is authorizing autodialed telemarketing or
                          advertising calls or texts; and
                     o The consumer is not required to sign the agreement as a condition of purchasing any
                          property, goods, or services.67

         Prior express consent can be written or verbal. Voluntarily providing one’s cellular number also
         constitutes prior express consent where:
              The individual gives “prior express consent” to be called or texted at the number provided;
              The individual has provided his or her number to the party calling or texting; and
              There is some relation between the communications and the reason for which an individual
                 provided his or her number.68

         Prior express written consent is required for calls or texts to cell phones that introduce an
         advertisement,69 or constitute “telemarketing”70 and are sent using an ATDS. The TCPA’s advertising
         prong merely requires introducing, at the most basic level, the commercial availability of a service. In
         similar fashion, telemarketing occurs when the context of a text or call indicates that it was initiated and
         transmitted to a person for promoting property, goods, or services. Neither the TCPA nor its
         implementing regulations requires an explicit mention of a good, product, or service where the
         implication of an improper purpose is clear from the context. 71

         Revocation of consent is controlled by the consenting party, and may be communicated orally or in
         writing by any reasonable means. However, where consent is contractually provided, as is the case in
         credit agreements, the parties can bargain to require mutuality or particular revocation methods.
         Recently, a number of courts have addressed whether a consumer may unilaterally revoke c onsent
         when it is a term in a bargained-for contract.72

         In 2017, the federal Second Circuit Court of Appeals held that a consumer may not unilaterally revoke
         consent in a bargained-for, bilateral contract.73 The court based its decision on “black-letter” contract
         law, referring to a fundamental aspect of contractual relationships that one party may not alter or
         revoke a term of a bilateral agreement without the other party’s consent. The court found that a
         consumer, having consented to be contacted via an auto-dialer, could not unilaterally revoke consent
         without the caller’s permission. Notably, the court distinguished case law from the Third and Eleventh
         Circuit Courts of Appeals, where consumers retained their ability to revoke consent because it was
         given in credit applications, rather than as part of a bilateral contract. 74

         In 2018, a United States District Court in Florida also held that consent provided by contract cannot be
         unilaterally revoked.75 The court noted that no provision in the TCPA indicates that contractually-
         granted consent can be unilaterally revoked where it would contradict black-letter contract law. The
         court held that a consumer who has consented to auto-dialed communication in a contract for services
         cannot later revoke such consent.76

         However, other courts have disagreed, rejecting the argument that consent is irrevocable. In 2018, a
         United States District Court in Tennessee adopted the general rule that consumer consent may be

67 Id.
68 Federal Communications Commission, Rules & Regulations Implementing           the TCP Act of 1991 et al., 30 FCC Rcd at 7991–92.
69 47 C.F.R.  s. 64.1200(f)(1), defines an “advertisement” as “any material advertising the commercial availability or quality of any
property, goods, or services,” and “telemarketing” is defined as “the initiation of a telephone call or message for the purpo se of
encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.”
70 47 C.F.R. s. 64.1200(f)(12).
71 The National Law Review, supra note 66.
72 Id.
73 Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51, 53 (2d Cir. 2017).
74 The National Law Review, supra note 67.
75 Medley v. Dish Network, LLC, Case No. 8:16-cv-2534-T-36TBM, 2018 WL 4092120, at *10 (M.D. Fla. Aug. 27, 2018).
76 The National Law Review, supra note 67.
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         revoked at any time by “any reasonable means.” 77 The court held that consumers retain the ability to
         revoke their prior consent despite having a bilateral agreement with the caller. Other courts have also
         allowed for revocation of consent by any means in the absence of a contractual restriction on the
         means by which a consumer may revoke consent.78

         In December 2020, the U.S. Supreme Court heard oral arguments in a landmark case regarding
         whether consumers can sue a company for using an ATDS to text or call the consumers at a phone
         number saved in the company’s system. At issue was the meaning of the TCPA’s prohibition on using
         an ATDS to transmit communications to cell phones. The question before the Supreme Court was
         “whether the definition of ATDS in the TCPA encompasses any device that can ‘store’ and
         ‘automatically dial’ telephone numbers, even if the device does not use a random or sequential number
         generator.”79

         On April 1, 2021, the Court ruled that to qualify as an ATDS under the TCPA, a device must have the
         capacity to either store a telephone number using a random or sequential number generator or produce
         a telephone number using a random or sequential number generator. The Court concluded that merely
         having the capacity to store numbers and dial them automatically is not enough to make a device
         qualify as an ATDS.80

         Specifically, related to consent, the TCPA rules require telemarketers to:
             Obtain prior express written consent from consumers before robocalling them;
             No longer be able to use an "established business relationship" to bypass the consent
                 requirement; and
             Require an automated, interactive "opt-out" mechanism to be used during each robocall so
                 consumers can immediately tell the telemarketer to stop calling. 81

         The TCPA includes a private right of action.82 A caller who places a call to a cell phone without consent
         using an ATDS is subject to $500 in damages per call. The damages amount is $1,500 per call if the
         court finds that the defendant willfully or knowingly committed the violation. 83

         Specifically, related to consent, the Florida telephone solicitation law:84
             Prohibits robocalls without the prior express written consent of the called party.
             When the called party has given such consent, only allows robocalls in certain circumstances
                 through the use of an “automated system for the selection or dialing of telephone numbers or
                 the playing of a recorded message” when a connection is completed to a number called.

         Effect of Proposed Changes

         The bill amends s. 501.059, F.S., to clarify restrictions on unwanted telephone solicitation practices.
         The bill prohibits unsolicited telephonic sales calls using an automated system for the selection or
         dialing of telephone numbers or the playing of a recorded message when a connection is completed to
         a number called without the prior express written consent of the called party.

         The bill also:
             Clarifies notice requirements prior to obtaining consent for telephone calls, text messages, or
                 the transmission of prerecorded voicemails.
             Revises the definition of “prior express written consent” with respect to automated systems and
                 replaces references to the term “signatory” with the term “called party.”


77 Ammons v. Ally Fin., Inc., Case No. 3:17-cv-00505,   2018 WL 3134619, at *15 (M.D. Tenn. June 27, 2018).
78 Few v. Receivables Performance Mgmt., Case No. 1:17-CV-2038-KOB,       2018 WL 5923765 at *1 (N.D. Ala. Nov. 13, 2018).
79 Facebook, Inc., Petitioner vs. Noah Duguid, et al., U.S., No. 19-511.
80 Id.
81 FCC, supra note 32.
82 47 U.S.C. s. 227(b)(3).
83 Id. at s. 227(b)(3)(B)-(C).
84 S. 501.059(8), F.S.
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              Revises what qualifies as a “signature” for purposes of consenting to communications to include
               an act that demonstrates express consent, such as checking a box indicating consent or
               responding affirmatively to receiving text messages, to an advertising campaign, or to an e-mail
               solicitation.

       The bill creates a 30-day safe harbor period after a consumer withdraws a previously given valid
       consent or communicates, orally or by text message, that he or she does not wish to receive
       communications.

       The bill provides an effective date of upon becoming a law.

   B. SECTION DIRECTORY:
       Section 1:     Amends s. 501.059, F.S., relating to telephone solicitation.
       Section 2:     Provides an effective date of upon becoming a law.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have an indeterminate negative fiscal impact on legitimate telemarketers to the extent they
       do not currently engage in business practices consistent with the requirements in the bill.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not Applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
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       The bill does not appear to create a need for rulemaking or rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 27, 2023, the Civil Justice Subcommittee adopted one amendment and reported the bill
   favorably as a committee substitute. The committee substitute:
        Removed a definition for “automatic telephone dialing system” and clarified what constitutes an
          automated system for purposes of the bill.
        Clarified that a “signature” includes an affirmative act that demonstrates express consent, such as
          checking a box.
        Provided a safe harbor period of thirty days from the date a consumer withdraws consent to receive
          communications or notifies the telephone solicitor that he or she does not want to receive any
          communications.
        Changed the effective date of the bill to upon becoming a law and removed a provision purporting
          to apply the bill’s provisions retroactively.

   This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.




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           CS/HB 761                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to telephone solicitation; amending s.
    3              501.059, F.S.; revising definitions; prohibiting
    4              certain telephonic sales calls; providing conditions
    5              under which civil actions may not be brought for
    6              specified violations; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                 Section 1.         Paragraphs (g) and (h) of subsection (1) and
11         paragraph (a) of subsection (8) of section 501.059, Florida
12         Statutes, are amended, and paragraph (c) is added to subsection
13         (10) of that section, to read:
14                 501.059        Telephone solicitation.—
15                 (1)         As used in this section, the term:
16                 (g)         "Prior express written consent" means a written
17         agreement that:
18                 1.      Bears the signature of the called party;
19                 2.      Clearly authorizes the person making or allowing the
20         placement of a telephonic sales call by telephone call, text
21         message, or voicemail transmission to deliver or cause to be
22         delivered to the called party a telephonic sales call using an
23         automated system for the selection and or dialing of telephone
24         numbers, the playing of a recorded message when a connection is
25         completed to a number called, or the transmission of a

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        CS/HB 761                                                                                            2023




26      prerecorded voicemail;
27              3.      Includes the telephone number to which the called party
28      signatory authorizes a telephonic sales call to be delivered;
29      and
30              4.      Includes a clear and conspicuous disclosure informing
31      the called party that:
32              a.      By executing the agreement, the called party au thorizes
33      the person making or allowing the placement of a telephonic
34      sales call to be made by telephone call, text message, or
35      voicemail transmission to deliver or cause to be delivered a
36      telephonic sales call to the called party a telephonic sales
37      call using an automated system for the selection and or dialing
38      of telephone numbers, if applicable, or the playing of a
39      recorded message when a connection is completed to a number
40      called, or the transmission of a prerecorded voicemail; and
41              b.      He or she is not required to directly or indirectly
42      sign the written agreement or to agree to enter into such an
43      agreement as a condition of purchasing any property, goods, or
44      services.
45              (h)         "Signature" includes:
46              1.      An electronic or digital signature if, to the extent
47      that such form of signature is recognized as a valid signature
48      under applicable federal law or state contract law; and
49              2.      An act that demonstrates express consent, including,
50      but not limited to, checking a box indicating consent or

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        CS/HB 761                                                                                            2023




51      responding affirmatively to receiving text messages, to an
52      advertising campaign, or to an e-mail solicitation.
53              (8)(a)        A person may not make or knowingly allow to be made
54      an unsolicited a telephonic sales call to be made if such call
55      involves an automated system for the selection or dialing of
56      telephone numbers or the playing of a recorded message when a
57      connection is completed to a number called without the prior
58      express written consent of the called party.
59              (10)
60              (c)         Notwithstanding any other provision of this section,
61      no action shall lie for a violation of subsection (8) for any
62      communication made within 30 days of:
63              1.      The called party or consumer communicating with a
64      telephone solicitor or other person, orally or by text message,
65      that such called party or consumer does not wish to receive any
66      communications from that telephone solicitor or person or the
67      seller or organization represented by that telephone solicitor
68      or person.
69              2.      The called party or consumer effectively withdrawing a
70      previously given valid consent.
71              Section 2.         This act shall take effect upon becoming a law.




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                                 COMMERCE COMMITTEE

                               CS/HB 761 by Rep. Fabricio
                                 Telephone Solicitation

                                 AMENDMENT SUMMARY
                                     April 10, 2023


Amendment 1 by Rep. Fabricio (strike-all):
  • Revises what constitutes a consumer’s “signature” for purposes of giving prior express
     written consent to include either an electronic or digital signature or an “act
     demonstrating consent,” which may include a simple affirmative response. The bill
     currently specifies the signature must include both an electronic or digital signature and
     an act demonstrating consent.
  • Clarifies what constitutes an automated system for purposes of the bill. Such system
     must be for the selection and dialing of telephone numbers or playing of a recorded
     message.
  • Allows certain telephone calls and text messages related to emergency or health
     purposes without prior express written consent of the called party.
  • Allows telephone solicitors a 30-day period after receiving a notice from a consumer to
     stop text message solicitations.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 761   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Fabricio offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6          Section 1.     Paragraphs (g) and (h) of subsection (1) and
 7     paragraph (a) of subsection (8) of section 501.059, Florida
 8     Statutes, are amended, paragraph (e) is added to subsection (8),
 9     and paragraph (c) is added to subsection (10) of that section,
10     to read:
11          501.059    Telephone solicitation.—
12          (1)     As used in this section, the term:
13          (g)     "Prior express written consent" means a written
14     agreement that:
15          1.     Bears the signature of the called party;
16          2.     Clearly authorizes the person making or allowing the
     354507 - h0761-strike.docx
      Published On: 4/7/2023 6:50:04 PM
                                    Page 1 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 761   (2023)
       Amendment No. 1


17     placement of a telephonic sales call by telephone call, text
18     message, or voicemail transmission to deliver or cause to be
19     delivered to the called party a telephonic sales call using an
20     automated system for the selection and or dialing of telephone
21     numbers, the playing of a recorded message when a connection is
22     completed to a number called, or the transmission of a
23     prerecorded voicemail;
24           3.    Includes the telephone number to which the called party
25     signatory authorizes a telephonic sales call to be delivered;
26     and
27           4.    Includes a clear and conspicuous disclosure informing
28     the called party that:
29           a.    By executing the agreement, the called party authorizes
30     the person making or allowing the placement of a telephonic
31     sales call to be made by telephone call, text message, or
32     voicemail transmission to deliver or cause to be delivered a
33     telephonic sales call to the called party a telephonic sales
34     call using an automated system for the selection and or dialing
35     of telephone numbers, if applicable, or the playing of a
36     recorded message when a connection is completed to a number
37     called, or the transmission of a prerecorded voicemail; and
38           b.    He or she is not required to directly or indirectly
39     sign the written agreement or to agree to enter into su ch an
40     agreement as a condition of purchasing any property, goods, or
41     services.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 761   (2023)
       Amendment No. 1


42          (h)    "Signature" includes:
43          1.    An electronic or digital signature if, to the extent
44     that such form of signature is recognized as a valid signature
45     under applicable federal law or state contract law; or
46          2.    An act that demonstrates express consent, including,
47     but not limited to, checking a box indicating consent or
48     responding affirmatively to receiving text messages, to an
49     advertising campaign, or to an e-mail solicitation.
50          (8)(a)   A person may not make or knowingly allow to be made
51     an unsolicited a telephonic sales call to be made if such call
52     involves an automated system for the selection and or dialing of
53     telephone numbers or the playing of a recorded message when a
54     connection is completed to a number called without the prior
55     express written consent of the called party.
56          (e)    It is not a violation of this section to initiate a
57     telephone call or text message using an automatic telephone
58     dialing system to deliver a message without the prior express
59     written consent of the called party if the telephone call or
60     text message is initiated for emergency purposes or health
61     purposes. As used in this paragraph, the term:
62          1.    "Emergency purposes" means a telephone call or text
63     message made that is necessary in any situation affecting the
64     safety and health of consumers.
65          2.    "Health purposes" means a telephone call or text
66     message that delivers a message regarding healthcare from an
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 761    (2023)
       Amendment No. 1


67     entity or a business associate of the entity covered un der the
68     Health Insurance Portability and Accountability Act which
69     concerns:
70          a.     A product or service that has a healthcare treatment
71     purpose;
72          b.     A patient with whom the entity or business associate of
73     the entity has an established healthcare relationship; or
74          c.     The individual healthcare needs of a patient.
75          (10)
76          (c)     Before the commencement of any action for damages
77     under this section for text message solicitations, the called
78     party must notify the telephone solicitor that the called party
79     does not wish to receive text messages from the telephone
80     solicitor by replying "STOP" to the number from which the called
81     party received text messages from the telephone solicitor.
82     Within 30 days after receipt of such notice, the telephone
83     solicitor shall cease sending text message solicitations to the
84     called party and may not send text messages to the called party
85     thereafter, except that the telephone solicitor may send the
86     called party a text message to confirm receipt of the notice.
87     The called party may bring an action under this section only if
88     the called party does not consent to receive text messages from
89     the telephone solicitor and the telephone solicitor continues to
90     send text messages to the called party 30 days after the called
91     party provided notice to the telephone solicitor to cease such
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 761   (2023)
        Amendment No. 1


 92     text messages.
 93          Section 2.   The amendments made by this act to s. 501.059,
 94     Florida Statutes, apply to any suit filed on or after the
 95     effective date of this act and to any putative class action not
 96     certified on or before the effective date of this act.
 97          Section 3.   This act shall take effect upon becoming a law.
 98
 99           -----------------------------------------------------
100                        T I T L E   A M E N D M E N T
101          Remove everything before the enacting clause and insert:
102                           A bill to be entitled
103          An act relating to telephone solicitation; amending s.
104          501.059, F.S.; revising definitions; prohibiting
105          certain telephonic sales calls; providing exceptions;
106          providing conditions under which civil actions may be
107          brought for text message solicitations; providing
108          applicability; providing an effective date.




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HB 793
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 793 Collateral Protection Insurance on Real Property
SPONSOR(S): Fernandez-Barquin
TIED BILLS:       IDEN./SIM. BILLS: SB 410

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                         17 Y, 0 N               Fortenberry        Lloyd

    2) State Administration & Technology                        12 Y, 0 N               Perez              Topp
       Appropriations Subcommittee

    3) Commerce Committee                                                               Fortenberry        Hamon


                                            SUMMARY ANALYSIS
In general, mortgages require borrowers to maintain adequate homeowners’ insurance on their property.
Borrowers may fail to maintain the required insurance coverage for a variety of reasons, including cancellation
or withdrawal of an insurer from the market. If the policy lapses and the borrower does not secure a
replacement policy, most mortgages allow the lender to obtain insurance for the borrower and “force-place” it.

A lender-placed, or force-placed, insurance policy is an insurance policy placed by a bank or mortgage servicer
on a home when the homeowners’ property insurance has lapsed or is deemed insufficient by the bank or
mortgage servicer. In recent years, there has been significant media attention on the rates charged for lender-
placed insurance policies and whether insurers and lenders are making excess profits on this line of business.
Lender-placed insurance typically is more expensive than the insurance a borrower purchases on his or her
own and provides limited coverage. Concerns have also been raised about “reverse competition” stemming
from the use of lender-place insurance because the lender chooses the coverage provider and amount, but the
borrower must pay for the coverage.

In order to address some of these concerns, the National Association of Insurance Commissioners (NAIC)
issued a Real Property Lender-Placed Insurance Model Act that can be adopted by member states. Florida law
does not use the term lender-placed insurance. Instead, it refers to collateral protection insurance (CPI). The
bill creates a new part (Part XXII) of ch. 627, F.S., for the purposes of:
          Regulating CPI on real property;
          Establishing a legal framework for the writing of CPI on real property in Florida;
          Maintaining separation between lenders or servicers, and insurers or insurance agents; and
          Minimizing the possibilities of unfair practices in the sale, placement, or solicitation, and negotiation
            of CPI.

Part XXII applies to insurers and insurance agents engaged in transactions of CPI on real property. All CPI
policies for mortgaged real property, including manufactured and mobile homes are subject to Part XXII, with
certain exceptions. The bill contains statutory definitions of CPI and several related terms. CPI is defined as
commercial property insurance under which a creditor is the primary beneficiary and policyholder, and which
protects or covers the creditor’s interest arising out of a credit transaction secured by the real property. CPI is
triggered by the mortgagor’s failure to maintain insurance coverage required by the mortgage or other lending
document. The bill provides the Office of Insurance Regulation with authority to develop rules related to the
regulation of Part XXII.

The bill has no effect on state or local government revenues or expenditures. It may have a positive direct
economic impact on the private sector.

The bill has an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/6/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        Mortgages on Real Property

        A mortgage is an agreement between a borrower and a lender that gives the lender the right to take the
        property if the borrower fails to pay the loan plus interest.1 A mortgage is generally secured by a
        mortgage note, which is a note evidencing a loan for which real property has been offered as security. 2
        All mortgages require borrowers to maintain adequate homeowners’ insurance on their property. 3
        Borrowers may fail to maintain the required insurance coverage for a variety of reasons, including
        cancellation or withdrawal of an insurer from the market. 4 If the policy lapses and the borrower does not
        secure a replacement policy, most mortgages allow the lender to obtain insurance for the borrower and
        “force-place” it.5

        Lender-placed Insurance/Collateral Protection Insurance (CPI)

        A lender-placed insurance policy6 is an insurance policy placed by a bank or mortgage servicer on a
        home when the homeowners’ property insurance has lapsed or is deemed insufficient by the bank or
        mortgage servicer.7 In recent years, there has been significant media attention on the rates charged for
        lender-placed insurance policies and whether insurers and lenders are making excess profits on this
        line of business.8 Lender-placed insurance typically is more expensive than the insurance a borrower
        purchases on his or her own and provides more limited coverage. 9 Concerns have also been raised
        about “reverse competition” stemming from the use of lender-placed insurance because the lender
        chooses the coverage provider and amount, but the borrower must pay for the coverage. 10

        In order to address some of these concerns, the National Association of Insurance Commissioners
        (NAIC) issued a Real Property Lender-Placed Insurance Model Act (Model Act) that can be adopted by
        member states.11 Its state purpose includes creating a legal framework within which lender-placed
        insurance on real property may be written in a particular state. 12 However, Florida law does not use the
        term lender-placed insurance. Instead, it refers to collateral protection insurance, which is defined as:

                [C]ommercial property insurance under which a creditor is the primary beneficiary
                and policyholder and which protects or covers an interest of the creditor arising out
                of a credit transaction secured by real or personal property. Initiation of such
                coverage is triggered by the mortgagor’s failure to maintain insurance coverage as


1 Consumer Financial Protection Bureau, What is a mortgage?,      What is a mortgage? | Consumer Financial Protection
Bureau (consumerfinance.gov) (last visited Mar. 12, 2023). The borrower and the lender are also referred to as the
mortgagor and mortgagee, respectively.
2 Black’s Law Dictionary (11th ed. 2019).
3 NAIC, Lender-Placed Insurance, https://content.naic.org/cipr-topics/lender-placed-insurance (last visited Mar. 12, 2023)
4 Id.
5 Id.
6 Lender-placed insurance is also known as creditor-placed or force-placed insurance.
7 NAIC, supra note 3.
8 Id.
9 Id.
10 Id.
11 Id. Some of these concerns regarding price and coverage have been raised regarding t he lender-place insurers issuing

policies in Florida. However, the largest two insurers issuing these policies are already bound by consent orders with the
Office of Insurance Regulation (OIR) with conditions very similar to those contained in the Model Ac t. A copy of these
consent orders has been requested from OIR, but has not been received as of the publication of this analysis.
12 Id.
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                    required by the mortgage or other lending document. Collateral protection
                    insurance is not residential coverage.13

        Review of Insurance Policy Forms and Rates

        In general, an insurer may not use forms to issue insurance policies in the state unless the forms have
        been filed with, and approved by, the Office of Insurance Regulation (OIR).14 Once filed, OIR has 30
        days to review insurance forms.15 At the end of the 30-day period, forms will be deemed approved
        unless they have been affirmatively approved or disapproved by OIR. 16

        Insurers must also file a copy of rates, rating schedules, rating manuals, premium credits or discount
        schedules, and surcharge schedules, and changes to these documents, for approval by OIR. 17 OIR
        must review insurers’ rate filings to determine whether rates are excessive, inadequate, or unfairly
        discriminatory.18 In doing so, OIR must consider factors including, but not limited to, the following:
              Past and prospective loss experience in and out of Florida.
              Past and prospective expenses.
              Degree of competition among insurers for particular risk to be insured.
              Investment income reasonably expected by the insurer.
              Reasonableness of the judgment reflected in the filing.
              Dividends, savings, or unabsorbed premium deposits allowed or returns to policyholders,
                 members or subscribers in Florida.
              Adequacy of loss reserves.
              Cost of reinsurance.
              Trend factors.
              Conflagration and catastrophe hazards, if applicable.
              Projected hurricane losses.
              Projected flood losses.
              Reasonable margin for underwriting profit and contingencies.

        Insurers may make rate filings with OIR on a file and use, or use and file basis. If a filing is made on a
        file and use basis, OIR has 90 days to review and approve the filing before an insurer may use the filed
        rate.19 In contrast, a use and file rate may be used before filing, but must be filed within 30 days of the
        effective date.20 A use and file rate is still subject to review and disapproval by OIR. 21

        Effect of the Bill

        The bill creates a new part of ch. 627, F.S. (Part XXII),22 for the purposes of:
            Regulating CPI on real property;
            Establishing a legal framework for the writing of CPI on real property in Florida;
            Maintaining separation between lenders or services, and insurers or insurance agents; and
            Minimizing the possibilities of unfair practices in the sale, placement, or solicitation, and
                negotiation of CPI.




13 S. 627.6085,  F.S.
14 S. 627.410(1), F.S.
15 S. 627.410(2), F.S.
16 Id.
17 S. 627.062(2)(a), F.S.
18 S. 627.062(1), F.S.
19 S. 627.062(2)(a)1., F.S.
20 S. 627.062(2)(a)2., F.S.
21 Id.
22 The new statutory chapter part will be part XXII of chapter 627, F.S., and will contain ss. 627.9901-627.9913, F.S. It is

similar to the NAIC Model Act, but is drafted in a way that will fit appropriately within the Florida Insurance Code. Chapters
624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the Florida Insurance Code. S. 624.01, F.S.
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        Part XXII applies to insurers and insurance agents engaged in transactions of CPI on real property. All
        CPI policies for mortgaged real property, including manufactured and mobile homes is subject to Part
        XXII, except:
             Transactions involving extensions of credit primarily for business, commercial, or agricultural
                purposes.
             Insurance offered by a lender or servicer and elected by the mortgagor at the mortgagor’s
                option.
             Insurance purchased by a lender or servicer on real-estate owned property.23
             Insurance for which no specific charge is made to the mortgagor or mortgagor’s account.

        The bill contains statutory definitions of CPI and several related terms. CPI is defined as commercial
        property insurance under which a creditor is the primary beneficiary and policyholder, and which
        protects or covers the creditor’s interest arising out of a credit transaction secured by the real
        property.24 CPI is triggered by the mortgagor’s failure to maintain insurance coverage required by the
        mortgage or other lending document. CPI under Part XXII applies only to mortgaged real property, not
        personal property.

        Individual CPI is defined in the bill as coverage for individual real property evidenced by a certificate of
        coverage under a master CPI policy or a CPI policy for individual real property. A master CPI policy is a
        group policy issued to a lender or servicer providing coverage for all loans in the lender’s or servicer’s
        loan portfolio, as needed.

        Pursuant to the bill, CPI becomes effective no earlier than the date of lapse of insurance on mortgaged
        real property. Individual CPI terminates on the earliest of the following dates:
             The date on which insurance acceptable under the mortgage agreement becomes effective.
             The date on which the applicable real property no longer serves as collateral for a mortgage
                loan.
             Such other date specified by the individual policy or certificate of insurance.
             Such other date as specified by the lender or servicers
             The termination date of the policy.

        According to the bill, CPI coverage, and the calculation of the related premium, should be based on the
        replacement cost value of the real property serving as collateral, as best determined by the last known
        coverage amount. The last known coverage amount is the dwelling coverage amount specified in the
        most recent evidence of insurance coverage provided by the mortgagee. The bill requires that an
        insurer or insurance agent ask the insured, at least once, for the last known coverage amount. If the
        insurer or insurance agent cannot obtain the last known coverage amount from the insured or by
        another means, the CPI coverage and the calculation of the related premium may be based on the:
             Replacement cost value of the real property serving as collateral as calculated by the insurer; or
             Unpaid principal balance of the mortgage loan.

        Part XXII prohibits the following practices by insurers or insurance agents related to CPI:
            Issuing CPI on a mortgaged real property if the insurer or insurance agent or an affiliate of the
               insurer or insurance agent owns the real property or performs the servicing for, or owns the
               servicing rights to, the real property.
            Compensating a lender, insurer, investor, or servicer, including through the payment of
               commissions, on CPI policies issued by the insurer.
            Sharing CPI premium or risk with the lender, investor, or servicer that obtained the CPI.
            Offering contingent commissions, profit-sharing, or other payments dependent on profitability or
               loss ratios to any person affiliated with a servicer or the insurer in connection with CPI.
            Providing free or below-cost outsourced services to a lender, investor, or servicer and
               outsourcing its own functions to a lender, investor, or servicer at a rate above cost.

23 Real-estate owned property is often referred      to as bank-owned property, and may be property that failed to sell during a
foreclosure.
24 This definition is similar to the definition of collateral protection insurance in s. 624.6085, F.S., discussed above, except

that definition also includes coverage secured by personal property.
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                Making any payments, including, but not limited to, the payment of expenses to a lender,
                 insurer, investor, or servicer to secure CPI business or related outsourced services.

        The bill requires that proof of CPI is provided in an individual policy or certificate of insurance, which
        must be delivered to the mortgagor either by mail, in person, or electronically. 25 The individual policy or
        certificate of insurance must include all of the following information:
             Address and identification of the insured real property.
             Coverage amount, or amounts if multiple coverages are provided.
             Effective date of coverage.
             Term of coverage.
             Premium charged for the coverage.
             Contact information for filing a claim.
             Complete description of the coverage provided.

        The policy forms and certificates of insurance for CPI, and related premium rates, must be reviewed
        and approved by OIR. As part of the rate review, OIR must also evaluate whether expenses included
        by the insurer in the rates are appropriate. The bill requires that insurers subject to Part XXII refile CPI
        insurance rates at least once every four years. All insurers writing CPI must have separate rates for CPI
        and voluntary insurance obtained by a mortgage servicer on real-estate owned property.

        By April 1 each year, each insurer with at least $100,000 in direct written premium for CPI in Florida
        during the prior calendar year must report the following information to OIR for the prior calendar year:
             Actual loss ratio.26
             Earned premiums.
             Any aggregate schedule rating debit or credit to earned premium.
             Itemized expenses.
             Paid losses.
             Loss reserves, including case reserves and reserves for incurred but not reported losses. 27

        The bill provides OIR with the rights and powers to enforce Part XXII, and all proceedings brought
        pursuant to Part XXII will be conducted under the Florida Administrative Procedures Act. 28 It also
        provides OIR with rulemaking authority so that it may, after notice and hearing, adopt reasonable rules
        and regulations to implement and administer Part XXII. Finally, the bill contains a severability clause so
        that if any portion of Part XXII is held invalid, the remainder of the Part is not affected.

    B. SECTION DIRECTORY:
        Section 1. Creates part XXII of chapter 627, F.S., relating to real property collateral protection
                   insurance.

        Section 2. Provides an effective date of July 1, 2023.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:


25 The Uniform  Electronic Transaction Act, s. 668.50, F.S., provides the requirements for electronic delivery.
26 Loss ratio is an insurer’s actual claims paid plus loss adjustment expenses divided  by total earned premiums.
27 Incurred but not reported losses are estimated liabilities from losses that have taken place and not yet but rep orted to

insurers as claims.
28 The Florida Administrative Procedures Act is ch. 120, F.S.
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            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        To the extent that the requirements of Part XXII result in lower CPI premiums for mortgagors, the bill
        may have a positive direct economic impact on the private sector.

    D. FISCAL COMMENTS:

        The bill has no fiscal impact on state or local government revenues or expenditures. 29

                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

           Not applicable. This bill does not appear to affect county or municipal governments.

        2. Other:

           None.

    B. RULE-MAKING AUTHORITY:

        The bill provides OIR with rulemaking authority so that it may, after notice and hearing, adopt
        reasonable rules and regulations to implement and administer Part XXII.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




29 Office of Insurance Regulation,   Agency Analysis of 2023 House Bill 793, p. 4.
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           HB 793                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to collateral protection insurance on
    3               real property; creating part XXII of ch. 627, F.S.,
    4               titled "Real Property Collateral Protection
    5               Insurance"; creating s. 627.9901, F.S.; providing
    6               purpose; creating s. 627.9902, F.S.; providing scope;
    7               creating s. 627.9903, F.S.; providing definitions;
    8               creating s. 627.9904, F.S.; providing the effective
    9               date of collateral protection insurance on mortgaged
10                  real property; providing the termination date of
11                  individual collateral protection insurance;
12                  prohibiting insurance charges under certain
13                  circumstances; creating s. 627.9905, F.S.; providing
14                  calculations of coverages and premiums; creating s.
15                  627.9906, F.S.; prohibiting collateral protection
16                  insurers and insurance agents from engaging in certain
17                  practices; creating s. 627.9907, F.S.; providing
18                  construction; creating s. 627.9908, F.S.; providing
19                  requirements for proof of collateral protection
20                  insurance; creating s. 627.9909, F.S.; providing
21                  requirements for policy forms, certificates of
22                  insurance, and rate filings; providing reporting
23                  requirements for certain insurers; creating s.
24                  627.9911, F.S.; providing rights and powers of the
25                  Office of Insurance Regulation for enforcement

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        HB 793                                                                                                2023




26               purposes; providing requirements for proceedings;
27               providing penalties; creating s. 627.9912, F.S.;
28               providing rulemaking authority; creating s. 627.9913,
29               F.S.; providing severability; providing an effective
30               date.
31
32      Be It Enacted by the Legislature of the State of Florida:
33
34               Section 1.          Part XXII of chapter 627, Florida Statutes,
35      consisting of sections 627.9901, 627.9902, 627.9903, 627.9904,
36      627.9905, 627.9906, 627.9907, 627.9908, 627.9909, 627.9911,
37      627.9912, and 627.9913, Florida Statutes, is created to read:
38                                                   PART XXII
39                       REAL PROPERTY COLLATERAL PROTECTION INSURANCE
40               627.9901           Purpose.—The purpose of this part is to:
41               (1)         Promote the public welfare by regulating collateral
42      protection insurance on real property.
43               (2)         Create a legal framework within which collateral
44      protection insurance on real property may be written in the
45      state.
46               (3)         Help maintain the separation between lenders or
47      servicers, and insurers or insurance agents.
48               (4)         Minimize the possibilities of unfair competitive
49      practices in the sale, placement, solicitation, and negotiation
50      of collateral protection insurance.

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        HB 793                                                                                                2023




51               627.9902           Scope.—This part applies to insurers and
52      insurance agents engaged in any transaction involving collateral
53      protection insurance on real property. All collateral protection
54      insurance written in connection with mortgaged real property,
55      including manufactured and mobile homes, is subject to the
56      provisions of this part, except:
57               (1)         Transactions involving extensions of credit primarily
58      for business, commercial, or agricultural purposes.
59               (2)         Insurance offered by the lender or servicer and
60      elected by the mortgagor at the mortgagor's option.
61               (3)         Insurance purchased by a lender or servicer on real -
62      estate owned property.
63               (4)         Insurance for which no specific charge is made to the
64      mortgagor or the mortgagor's account.
65               627.9903           Definitions.—As used in this part, the term:
66               (1)         "Collateral protection insurance" means commercial
67      property insurance under which a creditor is the primary
68      beneficiary and policyholder and which protects or covers an
69      interest of the creditor arising out of a credit transaction
70      secured by real property. Initiation of such coverage is
71      triggered by the mortgagor's failure to maintain insurance
72      coverage as required by the mortgage or other lending document.
73      For purposes of this part, collateral protection insurance
74      applies only to mortgaged real property, not personal property.
75               (2)         "Individual collateral protection insurance" means

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         HB 793                                                                                                2023




 76      coverage for individual real property evidenced by a certificate
 77      of coverage under a master collateral protection insurance
 78      policy or a collateral protection insurance policy for
 79      individual real property.
 80               (3)         "Insurer" means an insurer authorized to issue
 81      collateral protection insurance on mortgaged real property in
 82      the state.
 83               (4)         "Investor" means a person or an entity, and affiliates
 84      of the person or entity, holding a beneficial interest in loans
 85      secured by real property.
 86               (5)         "Lapse" means the moment in time in which a mortgagor
 87      has failed to secure or maintain valid or sufficient insurance
 88      upon a mortgaged real property as required by a mortgage
 89      agreement.
 90               (6)         "Last known coverage amount" means a dwelling coverage
 91      amount specified in the most recent evidence of insurance
 92      coverage provided by the mortgagee.
 93               (7)         "Lender" means a person or entity, and affiliates of
 94      the person or entity, making loans secured by an interest in
 95      real property.
 96               (8)         "Loss ratio" means the ratio of incurred losses to
 97      earned premium.
 98               (9)         "Master collateral protection insurance policy" means
 99      a group policy issued to a lender or servicer providing coverage
100      for all loans in the lender's or servicer's loan portfolio as

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         HB 793                                                                                                2023




101      needed.
102               (10)        "Mortgage agreement" means a written document that
103      specifies an obligation or a liability of any kind secured by a
104      lien on a real property and due from, and owing or incurred by,
105      a mortgagor to a lender on account of a mortgage loan, including
106      the security agreement, deed of trust, any other document of
107      similar effect, and any other document incorporated by
108      reference.
109               (11)        "Mortgage loan" means a loan, an advance, a
110      guarantee, or other extension of credit from a lender to a
111      mortgagor.
112               (12)        "Mortgagee" means a person or an entity that holds a
113      mortgaged real property, or, as applicable, a lien on mortgaged
114      real property, as security for repayment of a mortgage
115      agreement.
116               (13)        "Mortgagor" means a person who is obligated on a
117      mortgage loan pursuant to a mortgage agreement.
118               (14)        "Real-estate owned property" means a real property
119      owned or held by a lender or servicer following foreclosure
120      under the related mortgage agreement or the acceptance of a deed
121      in lieu of foreclosure.
122               (15)        "Replacement cost value" is the estimated cost to
123      replace a covered real property at the time of loss or damage
124      without deduction for depreciation. Replacement cost value is
125      not market value, but the cost to replace the covered real

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         HB 793                                                                                                2023




126      property to its condition before the loss or damage.
127               (17)        "Servicer" means a person or an entity, and
128      affiliates of the person or entity, contractually obligated to
129      service one or more mortgage loans for a lender or investor. The
130      term includes persons or entities involved in subservicing
131      arrangements.
132               627.9904           Terms of policies.—
133               (1)         Collateral protection insurance shall become effective
134      no earlier than the date of lapse of insurance upon mortgaged
135      real property subject to the terms of a mortgage agreement or
136      any other state or federal law requiring the same.
137               (2)         Individual collateral protection insurance shall
138      terminate on the earliest of the following dates:
139               (a)         The date on which insurance that is acceptable under
140      the mortgage agreement becomes effective, subject to the
141      mortgagor providing sufficient evidence of such acceptable
142      insurance.
143               (b)         The date on which the applicable real property no
144      longer serves as collateral for a mortgage loan pursuant to a
145      mortgage agreement.
146               (c)         Such other date as specified by the individual policy
147      or certificate of insurance.
148               (d)         Such other date as specified by the lender or
149      servicer.
150               (e)         The termination date of the policy.

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         HB 793                                                                                                2023




151               (3)          An insurance charge may not be made to a mortgagor for
152      collateral protection insurance for a term longer than the
153      scheduled term of the collateral protection insurance, and an
154      insurance charge may not be made to the mortgagor for collateral
155      protection insurance before the effective date of the collateral
156      protection insurance.
157      `        627.9905            Calculations of coverages and premiums.—
158               (1)(a)         Any collateral protection insurance coverage and
159      subsequent calculation of premium should be based upon the
160      replacement cost value of the real property serving as
161      collateral as best determined by the last known coverage amount,
162      if known to the lender or servicer.
163               (b)          An insurer or insurance agent shall inquire of the
164      insured, at least once, as to the last known coverage amount
165      and, if the insurer or insurance agent cannot obtain the last
166      known coverage amount from the insured or in another manner, the
167      collateral protection insurance coverage and subsequent
168      calculation of premium may be based upon:
169               1.       The replacement cost value of the real property serving
170      as collateral as calculated by the insurer, if the use of
171      replacement cost value for this purpose is not prohibited by
172      other state or federal law; or
173               2       The unpaid principal balance of the mortgage loan, if
174      the use of replacement cost value for this purpose is prohibited
175      by other state or federal law or if the replacement cost value

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         HB 793                                                                                                2023




176      is not available.
177               (c)         In the event of a covered loss, any replacement cost
178      value coverage provided by an insurer in excess of the unpaid
179      principal balance of the mortgage loan shall be paid to the
180      mortgagor.
181               (2)         An insurer may not write collateral protection
182      insurance for which the premium rate differs from that
183      determined by the schedules of the insurer on file with the
184      office as of the effective date of such policy.
185               627.9906           Prohibited practices.—An insurer or insurance
186      agent may not:
187               (1)         Issue collateral protection insurance on a mortgaged
188      real property if the insurer or insurance agent or an affiliate
189      of the insurer or insurance agent owns the real property or
190      performs the servicing for, or owns the servicing rights to, the
191      real property;
192               (2)         Compensate a lender, insurer, investor, or servicer,
193      including through the payment of commissions, on collateral
194      protection property insurance policies issued by the insurer;
195               (3)         Share collateral protection insurance premium or risk
196      with the lender, investor, or servicer that obtained the
197      collateral protection insurance;
198               (4)         Offer contingent commissions, profit-sharing, or other
199      payments dependent on profitability or loss ratios to any person
200      affiliated with a servicer or the insurer in connection with

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         HB 793                                                                                                2023




201      collateral protection insurance;
202               (5)         Provide free or below-cost outsourced services to a
203      lender, investor, or servicer and may not outsource its own
204      functions to a lender,                   investor, or servicer on an above-cost
205      basis; or
206               (6)         Make any payments, including, but not limited to, the
207      payment of expenses to a lender, insurer, investor, or servicer
208      for the purpose of securing collateral protection insurance
209      business or related outsourced services.
210               627.9907           Noncircumvention.—This part may not be construed
211      to allow an insurance agent or insurer underwriting collateral
212      protection insurance solely to circumvent the requirements
213      specified in this part. Any such requirement, limitation, or
214      exclusion provided in this part applies to all insurers or
215      insurance agents involved in collateral protection insurance.
216               627.9908           Evidence of coverage.—Proof of collateral
217      protection insurance must be provided in an individual policy or
218      a certificate of insurance. A copy of the individual policy,
219      certificate of insurance, or other evidence of insurance
220      coverage shall be mailed by first-class mail or delivered in
221      person to the last known address of the mortgagor or delivered
222      in accordance with s. 668.50, the Uniform Electronic Transaction
223      Act. Notwithstanding any other general law to the contrary, the
224      individual policy or certificate of insurance coverage must
225      include the following information:

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         HB 793                                                                                                2023




226               (1)         The address and identification of the insured real
227      property.
228               (2)         The coverage amount or, if multiple coverages are
229      provided, amounts.
230               (3)         The effective date of the coverage.
231               (4)         The term of coverage.
232               (5)         The premium charge for the coverage.
233               (6)         Contact information for filing a claim.
234               (7)         A complete description of the coverage provided.
235               627.9909           Policy forms and certificates of insurance; rate
236      filings.—
237               (1)         Except as otherwise provided in this part, all policy
238      forms and certificates of insurance to be delivered or issued
239      for delivery in the state are subject to the applicable
240      provisions of s. 627.410, and the schedules of premium rates
241      pertaining thereto are subject to the applicable provision s of
242      s. 627.062.
243               (2)         With respect to an analysis of rates in accordance
244      with s. 627.062(1), the analysis must also include a
245      determination as to whether expenses included by the insurer in
246      the rates are appropriate.
247               (3)         Notwithstanding s. 627.0645, insurers subject to this
248      part shall refile collateral protection property insurance rates
249      at least once every 4 years.
250               (4)         All insurers writing collateral protection insurance

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         HB 793                                                                                                2023




251      must have separate rates for collateral protection insurance and
252      voluntary insurance obtained by a mortgage servicer on real-
253      estate owned property.
254               (5)         Upon the introduction of a new collateral protection
255      insurance program, the insurer shall reference its experience in
256      existing programs in the associated filings. This part does not
257      limit an insurer's discretion, as actuarially appropriate, to
258      distinguish different terms, conditions, exclusions, eligibility
259      criteria, or other unique or different characteristics.
260      Moreover, an insurer may, if actuarially acceptable, rely upon
261      models or, in the case of flood filings if applicable experience
262      is not credible, on the Federal Emergency Management Agency's
263      National Flood Insurance Program data.
264               (6)(a)        By April 1 of each year, each insurer with at least
265      $100,000 in direct written premium for collateral protection
266      insurance in the state during the prior calendar year shall
267      report to the office the following information for the prior
268      calendar year:
269               1.      Actual loss ratio.
270               2.      Earned premiums.
271               3.      Any aggregate schedule rating debit or credit to earned
272      premium.
273               4.      Itemized expenses.
274               5.      Paid losses.
275               6.      Loss reserves, including case reserves and reserves for

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276      incurred but not reported losses.
277               (b)         The report shall be separately produced for each
278      collateral protection insurance program and presented on both an
279      individual-jurisdiction and countrywide basis.
280               (7)         Except in the case of collateral protection insurance
281      covering the peril of flood, to which this subsection does not
282      apply, if an insurer experiences an annual loss ratio of less
283      than 35 percent in any collateral protection insurance program
284      for 2 consecutive years, the insurer shall submit a rate filing,
285      either adjusting its rates or supporting the continuance of its
286      rates, to the office no more than 90 days after the submission
287      of the data required in paragraph (6)(a).
288               (8)         Except as provided in this section, rate and form
289      filing requirements are subject to the Florida Insurance Code.
290               627.9911           Enforcement and judicial review.—The office shall
291      have all rights and powers to enforce the provisions of this
292      part, as provided in s. 624.307. All proceedings, including
293      judicial review, shall be conducted in accordance with the
294      administrative procedures prescribed in chapter 120. Penalties
295      for any violation of this part shall be assessed in accordance
296      with s. 624.4211.
297               627.9912           Rulemaking authority.—The office may, after
298      notice and hearing, adopt reasonable rules and regulations to
299      implement and administer this part.
300               627.9913           Severability provisions.—If any provision of this

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         HB 793                                                                                                2023




301      part or the application of the provision to any person or
302      circumstance is held invalid, the remainder of this part and the
303      application of such provision to other persons or circumstances
304      are not affected thereby.
305               Section 2.        This act shall take effect July 1, 2023.




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CS/CS/HB 861
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 861 Residential Loan Alternative Agreements
SPONSOR(S): Judiciary Committee, Regulatory Reform & Economic Development Subcommittee, Robinson,
W.
TIED BILLS:       IDEN./SIM. BILLS: SB 770

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 13 Y, 0 N, As CS        Larkin             Anstead
       Subcommittee

    2) Judiciary Committee                                      22 Y, 0 N, As CS        Mawn               Kramer

    3) Commerce Committee                                                               Larkin             Hamon


                                               SUMMARY ANALYSIS
A listing agreement is a contract in which a property owner gives a real estate broker or sales associate the
authority to find a buyer for his or her property; the terms of such an agreement can generally be negotiated, but
the duration of the agreement, the property’s price and sales terms, and the amount of any fee or commission
must be defined in the contract. Recently, some Florida real estate brokerage firms have been offering
homeowners monetary payments, advertised as an “alternative loan,” in exchange for the exclusive right to list
a homeowner’s property whenever the homeowner decides to put it up for sale; such right comes with the right
to collect a commission on the property’s eventual sale. Where the property owner goes on to try to sell his or
her home with a different listing agent, even where the agreement was entered into years before, the brokerage
firm may file a lien on the homeowner’s property, which lien generally must be paid before the sale can proceed.

The bill:
    Defines “residential real property” as improved residential property of four units or fewer or unimproved
        residential real property intended for four units or fewer.
    Defines “residential loan alternative agreement” as a signed writing between a person and a seller or
        owner of residential real property that:
       o Grants an exclusive right to a person to act as a broker for the property’s disposition;
       o Has an effective duration, inclusive of renewals, of more than two years; and
       o Requires the person to pay monetary compensation to the seller or owner.
    Defines “disposition” as a transfer or voluntary conveyance of the title or other ownership interest in
        residential real estate.
    Prohibits a residential loan alternative agreement from authorizing a person to place a lien on or
        otherwise encumber any residential real property.
    Prohibits a residential loan alternative agreement from constituting a lien, encumbrance, or security
        interest in the residential real property.
    Prohibits a court from enforcing a residential alternative loan alternative agreement by a lien or
        constructive trust in the residential real property or upon the proceeds of the property’s disposition.
    Prohibits assignment of a residential loan alternative agreement.
    Provides that a residential loan alternative agreement is void if listing services do not begin within 90
        days after the agreement’s execution by both parties, and unenforceable in law or equity, as a matter of
        public policy, if it does not meet the requirements established by the bill.
    Prohibits the clerk of the court from recording a residential loan alternative agreement.
    Makes a residential loan alternative agreement violation an unfair or deceptive trade practice.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2023.


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Real Estate Agents and Brokers

         The Florida Real Estate Commission (FREC), within the Division of Real Estate (Division), at the
         Department of Business and Professional Regulation (Department), administers and enforces real
         estate licensing laws applicable to real estate brokers 1 and sales associates 2 (colloquially known as
         “real estate agents”).3 The FREC is also empowered to adopt rules that enable it to implement its
         statutorily authorized duties and responsibilities.4

         A person who operates as a broker or sales associate in Florida without having a valid, current, and
         active license commits a felony of the third degree.5 FREC may also discipline licensed real estate
         brokers and sales associates if FREC finds that the broker or sales associate violated the practice act,
         which violations may include:6
          Engaging in dishonest, fraudulent transactions;
          Advertising property or services in a manner which is fraudulent, false, deceptive, or misleading in
             form or content;
          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;
          Failing to include in any written listing agreement a definite expiration date, description of the
             property, price and terms, fee or commission, and a proper signature of the principal; or
          Failing to perform any statutory or legal obligation placed upon a licensee.

         Further, a real estate broker or sales associate may be convicted of a second degree misdemeanor for
         recording a contract or other writing which purports to affect the title of, or encumber, any real property
         if the same is known to her or him to be false, void, or not authorized to be placed of record, for the
         purpose of collecting a commission, or to coerce the payment of money to the broker or sales associate
         or other person.7 This does not prohibit a broker or sales associate from recording a judgment rendered
         by a court or placing a lien on a property where expressly permitted by contractual agreement or
         otherwise allowed by law.8

         Real Estate Listing Agreements

         A listing agreement is a contract in which a property owner gives a real estate broker or sales associate
         the authority to find a buyer for his or her property; the terms of such an agreement can generally be
         negotiated, but the duration of the agreement, the property’s price and sales terms, and the amount of
         any fee or commission must be defined in the contract. 9


1 “Broker” means, in pertinent part, a person who, for another, and for compensation or valuable consideration directly or indi rectly paid

or promised, expressly or implied, or with an intent to collect or receive a compensation or valuable consideration th erefor, appraises,
auctions, sells, exchanges, buys, rents any real property or an interest in or concerning the same; or who advertises or hold s out to the
public by any oral or printed solicitation or representation that she or he is engaged in such busi ness. S. 475.01(1)(a), F.S.
2 “Sales associate” means a person who performs any act specified in the definition of “broker,” but who performs such act unde r the

direction, control, or management of another person. S. 475.01(1)(j), F.S.
3 Ch. 475, Part I, F.S.
4 These rules are contained in ch. 61J2, F.A.C.
5 S. 475.42(1)(a), F.S.
6 Ss. 475.25 and s. 455.227, F.S.
7 S. 475.42(1)(i) and (2), F.S.
8 S. 475.42(1)(i), F.S.
9 S. 475.25(1)(r), F.S.; Jean Folger, What is a Listing Agreement? Definition, Types, and How they Work,

https://www.investopedia.com/terms/l/listing-agreement.asp (last visited March 23, 2023).
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         There are three types of listing agreements, as shown in the following chart: 10
                Types of Listing Agreements                                           Description
                                                                    Broker acts as agent.
              Exclusive Right-to-Sell Agreement                     Broker receives commission when the property is
                                                                     sold, regardless of who finds the buyer.
                                                                    Broker acts as agent.
             Exclusive Agency Listing Agreement                     Broker receives commission if the property is sold
                                                                     through the broker’s efforts but not if the property is
                                                                     sold through the seller’s efforts.
                                                                    Broker acts as agent.
                                                                    Seller reserves the right to employ any number of
                    Open Listing Agreement                           brokers as agents.
                                                                    Broker whose effort results in the property’s sale
                                                                     receives commission.

         However, Florida courts have held that, even where there is no listing agreement or other special
         contract, a broker is entitled to a commission when that person is the procuring cause of a sale.11 Thus,
         where a broker engaged to find a buyer for property brings a prospective buyer and the property owner
         together, and where sale negotiations between the buyer and property owner begin but only conclude
         after the listing agreement expires, the broker is still entitled to a commission.

         Liens on Real Property

         A lien is a claim against property which evidences a debt, obligation, or duty. 12 Under Florida law, a real
         estate broker or sales associate may place a lien on real property where expressly authorized to do so
         by contractual agreement or by law.13 This is accomplished by recording the lien in the official records
         of the county in which the property lies, thereby putting all persons on notice of the lien’s existence and
         the lienholder’s rights to make a claim against the property to satisfy the lien. As county recorder, each
         of Florida’s 67 clerks of the circuit court must record certain legal instruments presented to them,
         including liens, upon payment of applicable fees or charges.14

         Recent Events

         Recently, some Florida real estate brokerage firms have been offering homeowners monetary
         payments, advertised as an “alternative loan,” in exchange for the exclusive right to list a homeowner’s
         property whenever the homeowner decides to put it up for sale; such right comes with the right to
         collect a commission on the property’s eventual sale. Some homeowners enter into these “alternative
         loan” agreements without realizing that they can last upwards of 40 years; in other words, should the
         homeowner decide to sell his or her home at any time within the time period specified in the agreement,
         even where that time period extends 40 years into the future, the homeowner must use as his or her
         listing agent a broker or sales associate from the brokerage firm with which the homeowner had the
         agreement.

         However, some homeowners who entered into such agreements have gone on to try to sell their homes
         years later, and not realizing their agreements are still in effect, have listed the property with a different
         brokerage firm. The original brokerage firm may then, under the terms of the agreement, file a lien
         against the property for the value of the commission and any other fees specified in the agreement,




10 National Association of Realtors, Handb ook on Multiple Listing Policy Section 3: Definitions of Various Types of Listing Agreements,

https://www.nar.realtor/handbook-on-multiple-listing-policy/section-3-definitions-of-various-types-of-listing-agreements (last visited
March 23, 2023)
11 Esslinger-Wooten-Maxwell, Inc. v. Lones Family Ltd. P'ship, 298 So. 3d 1176, 1180 (Fla. 3d DCA 2020).
12 Fla. Jur. 2d Liens s. 37:1.
13 S. 475.42(1)(i), F.S.
14 S. 28.222(3), F.S.

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        even though the brokerage firm never performed the listing services. 15 The property owner would then
        have to either pay the lien to clear the cloud on his or title so that the property could be sold, or else find
        a buyer willing to take title subject to the lien, which may be impossible.

        One brokerage firm currently utilizing this strategy is MV Realty, which operates in 33 states, including
        Florida; according to MV Realty, more than 30,000 people have signed such “alternative loan”
        agreements with the firm.16 Recently, the Florida17, Massachusetts 18, Pennsylvania19, and Ohio,
        Attorneys General20 sued MV Realty for using misleading contractual terms in these types of
        agreements.

        Florida Deceptive and Unfair Trade Practices Act (FDUTPA or Act)

        The Florida Deceptive and Unfair Trade Practices Act (“FDUTPA” or “Act”) declares unlawful any unfair
        or deceptive acts or practices committed in the conduct of any trade or commerce. 21 The Act is a
        separate cause of action intended to be an additional remedy to other civil remedies at law, and it is
        aimed toward making consumers whole for losses caused by harmful business practices, including
        unfair methods of competition and unconscionable, deceptive, or unfair acts or practices in the conduct
        of any trade or commerce.

        Effect of the Bill

        The bill:
            Defines:
                o “Residential real property” as improved residential property of four units or fewer or
                    unimproved residential real property intended for four units or fewer.
                o “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 for the property’s disposition;
                     Has an effective duration, inclusive of renewals, of more than two years; and
                     Requires the person to pay compensation to the seller or owner.
                o “Disposition” as a transfer or voluntary conveyance of the title or other ownership interest in
                    residential real estate.
            Prohibits a residential loan alternative agreement from authorizing a person to place a lien on or
                otherwise encumber any residential real property.
            Prohibits a residential loan alternative agreement from constituting a lien, encumbrance, or
                security interest in the residential real property.


15 Rebecca Liebson, Florida Company Pays Quick Cash to List Your Home. the Catch? A 40 -Year Contract, Tampa Bay Times (Sept.

6, 2022), https://www.tampabay.com/news/real-estate/2022/09/06/florida-company-pays-quick-cash-to-list-your-home-the-catch-a-40-
year-contract/ (last visited March 23, 2023).
16 Angie Moreschi, MV Realty Facing Congressional Scrutiny Following Channel 11 Investigation (Dec. 21, 2022),

https://www.wpxi.com/news/local/mv-realty-facing-congressional-scrutiny-following-channel-11-
investigation/Y4HNN2X24NEQRFMTNVLB2QNHNQ/ (last visited March 23, 2023).
17 Office of the Attorney General, Attorney General Moody Takes Legal Action against MV Realty for Swindling Florida Homeowners,

(Nov. 29,2022), http://www.myfloridalegal.com/newsrel.nsf/newsreleases/E9E4A2F7281415CE8 5258909007259EC. (last visited
March 23, 2023).
18
   Cheryl Fiandaca, Massachusetts Attorney General Sues MV Realty Company after I -Team Investigation (December 14, 2022),
https://www.cbsnews.com/boston/news/mv-realty-attorney-general-lawsuit-massachusetts-iteam-investigation/ (last visited March 23,
2023).
19 Pennsylvania Office of Attorney General , AG Shapiro Sues Real Estate Brokerage Firm MV Realty over Misleading Homeowner

Benefit Program (Dec. 14, 2022), https://www.attorneygeneral.gov/taking-action/ag-shapiro-sues-real-estate-brokerage-firm-mv-realty-
over-misleading-homeowner-benefit-program/#:~:text=Homeowner%20Benefit%20Program-
,AG%20Shapiro%20Sues%20Real%20Estate%20Brokerage%20Firm,Over%20Misleading%20Homeowner%20Benefit%20Program&a
mp;text=HARRISBURG%20%E2%80%94%20Attorney%20General%20Josh%20Sha piro,and%20its%20founder%2C%20Amanda%20
Zachman (last visited March 23, 2023).
20 Ohio Attorney General, “AG Yost Sues MV Realty, Founder and Broker for Illegal Practices (Feb. 15, 2023),

https://www.ohioattorneygeneral.gov/Media/News -Releases/February-2023/AG-Yost-Sues-MV-Realty-Founder-and-Broker-for-Ille (last
visited March 23, 2023).
21 ss. 501.201-213, F.S.

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DATE: 4/6/2023
              Prohibits courts from enforcing a residential alternative loan alternative agreement by a lien or
               constructive trust in the residential real property or upon the proceeds of the residential real
               property’s disposition.
              Prohibits the assignment of a residential loan alternative agreement.
              Provides that a residential loan alternative agreement is void if listing services do not begin
               within 90 days after the agreement’s execution by both parties.
              Specifies that, as a matter of public policy, a residential loan alternative agreement that does not
               meet the requirements established by the bill is unenforceable in law or equity.
              Prohibits the clerk of the court from recording a residential loan alternative agreement.
              Makes a violation an unfair or deceptive trade practice within the meaning of FDUTPA.

       The bill provides an effective date of July 1, 2023.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 475.279, F.S.; relating to residential loan alternative agreements for the
                  disposition of residential real property.
       Section 2: Provides an effective date of July 1, 2023.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have a positive economic impact on property owners in the state to the extent that it
       eliminates the use of long-term loan alterative agreements and the practice of filing liens to enforce
       such agreements. However, the bill may have a negative economic impact on brokerage firms that rely
       on such a business model.

   D. FISCAL COMMENTS:
       None.




STORAGE NAME: h0861d.COM                                                                                    PAGE: 5
DATE: 4/6/2023
                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 16, 2023, the Regulatory Reform & Economic Development Subcommittee adopted a proposed
committee substitute (“PCS”) and reported the bill favorably as a committee substitute. The PCS:
    Defined “residential loan alternative agreement” and replaced the phrase “option to enter into a listing
      agreement” with “residential loan alternative agreement” throughout the bill.
    Replaced the phrase “broker” with “person” throughout most of the bill.
    Prohibited the renewal of a residential loan alternative agreement.
    Prohibited a residential loan alternative agreement from authorizing a broker to place a lien on or
      otherwise encumber any residential real property.
    Provided that a residential loan alternative agreement that does not meet certain requirements is
      unenforceable.

On March 23, 2023, the Judiciary Committee adopted one amendment and reported the bill favorably as a
committee substitute. The committee substitute:
    Modified the definition of “residential loan alternative agreement” to specify that the effective duration is
      inclusive of renewals.
    Deleted a provision requiring that a residential loan agreement require notice to and written consent of
      the seller or owner before the person may assign the agreement to another person.
    Prohibited the assignment of a residential loan alternative agreement.
    Deleted a provision capping the term of a residential loan alternative agreement at six months and
      prohibiting renewals.
    Specified that a residential loan alternative agreement is void if listing services do not begin within 90
      days after the agreement’s execution by both parties.

The analysis is drafted to the committee substitute as passed by the Judiciary Committee.




STORAGE NAME: h0861d.COM                                                                                    PAGE: 6
DATE: 4/6/2023
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           CS/CS/HB 861                                                                                         2023




    1                                         A bill to be entitled
    2              An act relating to residential loan alternative
    3              agreements; creating s. 475.279, F.S.; providing
    4              definitions; prohibiting a residential loan
    5              alternative agreement from authorizing a person to
    6              place a lien or other encumbrance on residential real
    7              property or from constituting a lien, encumbrance, or
    8              security interest in such property; prohibiting a
    9              court from enforcing a residential loan alternative
10                 agreement by a lien or constructive trust in the
11                 residential real property or upon the proceeds of the
12                 disposition of such property; prohibiting the
13                 assignment of a residential loan alternative
14                 agreement; providing that a residential loan
15                 alternative agreement is void if listing services do
16                 not begin within a specified timeframe; providing that
17                 a residential loan alternative agreement that does not
18                 meet specified requirements is void and unenforceable;
19                 prohibiting the clerk of the circuit court from
20                 recording a residential loan alternative agreement;
21                 providing that a violation is a deceptive or unfair
22                 trade practice; providing penalties; providing an
23                 effective date.
24
25         Be It Enacted by the Legislature of the State of Florida:

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                                                                                                            hb0861-02-c2
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        CS/CS/HB 861                                                                                         2023




26
27              Section 1.         Section 475.279, Florida Statutes, is created
28      to read:
29              475.279         Residential loan alternative agreements for the
30      disposition of residential real property.—
31              (1)         As used in this section, the term:
32              (a)         "Disposition" means a transfer or voluntary conveyance
33      of the title or other ownership interest in residential real
34      estate.
35              (b)         "Residential loan alternative agreement" means a
36      signed writing between a person and a seller or owner of
37      residential real property that:
38              1.      Grants an exclusive right to a person to act as a
39      broker for the disposition of the property;
40              2.      Has an effective duration, inclusive of renewals, of
41      more than 2 years; and
42              3.      Requires the person to pay monetary compensation to the
43      seller or owner.
44              (c)         "Residential real property" means improved residentia l
45      property of four or fewer units or unimproved residential real
46      property intended for four or fewer units.
47              (2)         A residential loan alternative agreement may not
48      authorize a person to place a lien or otherwise encumber any
49      residential real property. A residential loan alternative
50      agreement may not constitute a lien, an encumbrance, or a

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                                                                                                         hb0861-02-c2
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        CS/CS/HB 861                                                                                         2023




51      security interest in the residential real property. A court may
52      not enforce a residential loan alternative agreement by a lien
53      or constructive trust in the residential real property or upon
54      the proceeds of the disposition of the residential real
55      property.
56              (3)         A residential loan alternative agreement may not be
57      assigned.
58              (4)         A residential loan alternative agreement is void if
59      listing services do not begin within 90 days after the execution
60      of the agreement by both parties.
61              (5)         As a matter of public policy, a residential loan
62      alternative agreement that does not meet the requirements of
63      this section is unenforceable in law or equity. In addition, a
64      residential loan alternative agreement may not be recorded by
65      the clerk of the circuit court.
66              (6)         A violation of this section is deemed an unfair or
67      deceptive trade practice within the meaning of part II of
68      chapter 501, and a person who violates this section is subject
69      to the penalties and remedies provided therein.
70              Section 2.         This act shall take effect July 1, 2023.




                                                      Page 3 of 3

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                                                                                                         hb0861-02-c2
                               COMMERCE COMMITTEE

                        CS/CS/HB 861 by Rep. Robinson, W.
                      Residential Loan Alternative Agreements

                               AMENDMENT SUMMARY
                                   April 10, 2023


Amendment 1 by Rep. Robinson, W. (strike-all):
  • Clarifies that an affected homeowner may file a FDUTPA action against a broker.
  • Makes clarifying and technical changes.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 861    (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Robinson, W. offered the following:
 3
 4          Amendment
 5          Remove everything after the enacting clause and insert:
 6          Section 1.     Section 475.279, Florida Statutes, is created
 7     to read:
 8          475.279     Residential loan alternative agreements for the
 9     disposition of residential real property.—
10          (1)    As used in this section, the term:
11          (a)    "Disposition" means a transfer or voluntary conveyance
12     of the title or other ownership interest in residential real
13     estate.
14          (b)    "Residential loan alternative agreement" means a
15     signed writing or a signed and written legal instrument or


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                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 861     (2023)
       Amendment No. 1


16     contract between a person and a seller or owner of residential
17     real property that:
18          1.     Grants an exclusive right to a person to act as a
19     broker for the disposition of the property;
20          2.     Has an effective duration, inclusive of renewals, of
21     more than 2 years; and
22          3.     Requires the person to pay monetary compensation to the
23     seller or owner.
24          (c)     "Residential real property" means improved residential
25     property of four or fewer residential dwelling units or
26     unimproved residential real property on which four or fewer
27     residential dwelling units may be built.
28          (2)     A residential loan alternative agreement may not
29     authorize a person to place a lien on or otherwise encumber any
30     residential real property. A residential loan alternative
31     agreement may not constitute a lien, an encumbrance, or a
32     security interest in the residential real property. A court may
33     not enforce a residential loan alternative agreement by a lien
34     or constructive trust in the residential real property or upon
35     the proceeds of the disposition of the residential real
36     property.
37          (3)     A residential loan alternative agreement may not be
38     assigned.




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                                    Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 861   (2023)
       Amendment No. 1


39          (4)   A residential loan alternative agreement is void if
40     listing services do not begin within 90 days after the execution
41     of the agreement by both parties.
42          (5)   A residential loan alternative agreement may not be
43     recorded by the clerk of the circuit court.
44          (6)   A residential loan alternative agreement must meet all
45     of the requirements of this section or it is unenforceable in
46     law or equity.
47          (7)   Notwithstanding s. 501.212, a violation of this
48     section is deemed an unfair or deceptive trade practice within
49     the meaning of part II of chapter 501, and a person who violates
50     this section is subject to the penalties and remedies provided
51     therein.
52          Section 2.   This act shall take effect July 1, 2023.




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                                  Page 3 of 3
CS/HB 895
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     CS/HB 895 Labor Pool Act
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Basabe
TIED BILLS:       IDEN./SIM. BILLS: SB 1154


    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY
                                                                                                           CHIEF

    1) Regulatory Reform & Economic Development                 14 Y, 0 N, As CS        Wright             Anstead
       Subcommittee

    2) Civil Justice Subcommittee                               16 Y, 0 N               Mawn               Jones

    3) Commerce Committee                                                               Wright             Hamon


                                              SUMMARY ANALYSIS
The Labor Pool Act (“Act”) was enacted in 1995 to protect the health, safety, and well-being of day laborers
throughout the state by outlining uniform standards of conduct and practice for labor pools. The Act requires a
labor pool that operates a labor hall to supply workers with drinking water, sufficient seating, and restroom
facilities. Labor pools must also comply with certain requirements related to payment and safety equipment.

When a worker is affected by a violation of the Act, the worker may seek legal remedies as specified in the Act,
or any other available legal remedy.

The bill provides that a labor pool satisfies the statutory requirements for providing restroom facilities and
drinking water if its labor hall facilities comply with all minimum requirements for public restrooms and drinking
fountains in the Florida Building Code. The bill also provides that a labor pool may provide drinking water
through a water cooler dispenser, by offering bottled water, or by any other similar means.

The bill requires that a worker affected by a violation of the Act must provide written notice of
the alleged violation to the labor pool and give the labor pool 60 days to cure the alleged violation before
bringing a lawsuit against the labor pool. Such a lawsuit must be commenced within one year after the date
that the affected worker serves the written notice.

The bill provides that the remedies specified in the Act for a worker affected by a violation of the Act are the
only remedies available to the worker, and therefore the worker may not pursue any other legal remedy.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0895d.COM
DATE: 4/6/2023
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

         Florida Labor Pool Act – Current Situation

         Part II of ch. 448, F.S., also known as the Labor Pool Act (“Act”),1 was enacted in 1995 to protect the
         health, safety, and well-being of day laborers throughout the state and to outline uniform standards of
         conduct and practice for labor pools. The Act defines “labor pool” as a business entity that operates a
         labor hall2 by one or more of the following methods:3
              Contracting with third-party users to supply day laborers on a temporary basis;
              Hiring, employing, recruiting, or contracting with workers to fulfill contracts for temporary labor;
                  or
              Fulfilling any contracts for day labor in accordance with the Act, even if the entity also conducts
                  other business.

         The Act provides that a labor pool must not:
             Charge a day laborer:4
                    o For safety equipment, clothing, accessories, or any other items required by the nature of
                       the work;
                    o More than a reasonable amount to transport a worker to or from the designated worksite;
                       or
                    o For directly or indirectly cashing a worker’s check. 5
             Request or require that any day laborer sign any document waiving statutory protections.6
             Charge more than the actual cost of providing lunch, if the labor pool provides lunch at the
               worksite.7
             Restrict a day laborer’s right to accept a permanent position with a third-party user to whom the
               laborer is referred for temporary work, or to restrict the right of a third-party user to offer
               employment to an employee of the labor pool.8

         The Act requires a labor pool to:
             If operating a labor hall, provide the following facilities for a worker waiting at the hall for a job
               assignment:9
                    o Restroom facilities;
                    o Drinking water; and
                    o Sufficient seating.
             Select one of the following methods to pay a day laborer for work performed: 10
                    o Cash;
                    o Commonly accepted negotiable instruments that are payable in cash, on demand at a
                        financial institution, and without discount;
                    o Payroll debit card; or

1 Ch. 95-332, L.O.F.
2 S. 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble and a re

dispatched to work for a third-party user.
3
  S. 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as farm labor
contractors; employee leasing companies; temporary help services that solely provide white collar employees, secretarial employees,
clerical employees, or skilled laborers; labor union hiring halls; or labor bureau or employment offices operated by a business entity for
the sole purpose of employing an individual for its own use. See s. 448.23, F.S.
4 “Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not longer than

the time period required to complete the temporary assignment for which the individual worker was hired, although an individu al may be
eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
5 S. 448.24(1), F.S.
6 S. 448.24(3), F.S.
7 S. 448.24(4), F.S.
8 S. 448.24(6), F.S.
9 S. 448.24(5), F.S.
10 S. 448.24(2), F.S.

STORAGE NAME: h0895d.COM                                                                                                          PAGE: 2
DATE: 4/6/2023
                          o Electronic fund transfer.
                    Notify a day laborer of the payment method that the labor pool intends to use and the day
                     laborer’s options to elect a different payment method. 11
                    If selecting to pay a day laborer by payroll debit card:12
                          o Offer the day laborer the option to elect payment by electronic fund transfer; and
                          o Provide the day laborer with a list, including the address, of a nearby business that does
                             not charge a fee to withdraw the debit card’s contents.
                    Compensate day laborers at or above the minimum wage. 13
                    Comply with the Workers’ Compensation Law in ch. 440, F.S. 14
                    Insure any motor vehicle owned or operated by the labor pool and used for worker
                     transportation.15
                    Furnish each worker with a written itemized statement showing in detail each wage deduction.
                    Give each worker an annual earnings statement summary. 16

           Remedies

           Under the Act, any worker affected by a violation of the provisions relating to labor pool duties and
           obligations may file a lawsuit against the labor pool. In any such lawsuit, the worker may recover actual
           and consequential damages, or $1,000, whichever is greater, for each violation, and costs. This legal
           remedy is not exclusive and does not prohibit the worker from pursuing any other available legal
           remedy.17

           Florida Building Code

           In 1974, Florida enacted legislation requiring all local governments to adopt and enforce a building
           code. In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work and a
           study was commissioned to make recommendations for improving Florida’s building standards . In
           1998, the Florida Legislature adopted the study’s recommendations for a single state building code and
           enhanced state oversight over local code enforcement. In 2000, the Florida Legislature authorized the
           implementation of the Florida Building Code (“Building Code”), and that first edition replaced all local
           codes on March 1, 2002.18 The current edition of the Building Code is the seventh edition, which is
           referred to as the 2020 Florida Building Code.19

           Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act” (“FBCA”). The purpose and intent
           of the FBCA is to provide a mechanism for the uniform adoption, updating, interpretation, and
           enforcement of a single, unified state building code and to ensure that the Building Code is applied,
           administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. 20

           The Florida Building Commission (Commission) was statutorily created to implement the Building Code.
           The Commission, housed within the Department of Business and Professional Regulation, is a 19-
           member technical body made up of design professionals, contractors, and government experts in
           various disciplines covered by the Building Code. The Commission reviews several International Codes
           published by the International Code Council,21 the National Electric Code, and other nationally adopted


11 Id.
12
     Id.
13 Id.
14 Id.
15 Id.
16 Id.
17 S. 448.25, F.S.
18 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,

http://www.floridabuilding.org/fbc/2006_Legislature_Rpt_rev2.pdf (last visited March 27, 2023).
19 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited March 27, 2023).
20 S. 553.72(1), F.S.
21 The International Code Council (ICC) is an association that develops model codes and standards used in the des ign, building, and

compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, Ab out the ICC,
available at https://www.iccsafe.org/about/who-we-are/ (last visited Mar. 27, 2023).
STORAGE NAME: h0895d.COM                                                                                                        PAGE: 3
DATE: 4/6/2023
         model codes to determine if the Building Code needs to be updated; and adopts an updated Building
         Code every three years.22

         However, the Building Code only provides minimum standards for construction in the state. 23 Thus,
         local governments may adopt and enforce amendments specific to their jurisdictions that are more
         stringent than the requirements imposed under the Building Code. Such amendments expire upon the
         adoption of the newest building code edition, and, thus, a local government must go through the
         amendment process every three years in order to maintain any such amendments.24

         Water Closets and Drinking Fountains in the Florida Building Code

         Section 403 of the Building Code sets standards for minimum plumbing facilities, including water
         closets (or, toilets) and drinking fountains, which standards vary based upon the actual use of the
         building or space. For a building or space with a “business” use classification, the water closet
         occupant load requirement is 1 water closet per 25 occupants for the first 50 occupants and 1 water
         closet per 50 occupants for the remainder exceeding 50, while the drinking fountain occupant load
         requirement is 1 drinking fountain per 100 occupants.25 However, drinking fountains are not required for
         an occupant load of 15 or fewer.26 Additional requirements also apply to both water closets and drinking
         fountains as set forth in the Building Code, including requirements for location, directional signage, and
         fixture materials and quality. There does not appear to be specific minimum seating requirements for
         general businesses in the Building Code.

         Florida Labor Pool Act – Effect of the Bill

         The bill amends the Act to provide that a labor pool satisfies the requirements for providing restroom
         facilities and drinking water if its labor hall facilities comply with all minimum requirements for public
         restrooms and drinking fountains in the Florida Building Code, and any applicable local amendments.
         The bill also provides that a labor pool may provide drinking water through a water cooler dispenser, by
         offering bottled water, or by any other similar means.

         The bill provides that a worker affected by a violation of the Act and who seeks to bring a lawsuit, must
         first serve the labor pool in accordance with s. 48.081, F.S.,27 with written notice of any alleged
         violation. The notice must include a statement that the labor pool’s failure to cure the alleged violation
         within 60 days after receipt of the notice may result in a lawsuit being filed against it. A labor pool may
         cure a violation relating to its labor hall facilities by modifying the alleged violation to comply with
         statutory requirements.

         A lawsuit filed under the Act must be filed within one year after the date the affected worker serves
         written notice of the alleged violation on the labor pool. The remedies provided under the Act are
         exclusive, and the affected worker may not pursue any other available legal remedy for violations of the
         Act.

         The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:

         Section 1:        Amends s. 448.24, F.S.; relating to labor pool standards and requirements.
         Section 2:        Amends s. 448.25, F.S.; relating to remedies.
         Section 3:        Provides an effective date.


22 Ss. 553.73, and 553.74, F.S.
23 S. 553.72(1), F.S.
24 S. 553.73(4), F.S.
25 2020 Florida Building Code, Plumbing, 7 th Edition, available at: https://codes.iccsafe.org/content/FLPC2020P1/chapter-4-fixtures-

faucets-and-fixture-fittings#:~:text=403.3Required%20public%20toilet%20facilities,be%20provided%20with%20toilet%20facilities (last
visited Mar. 27, 2023).
26 2020 Florida Building Code, Plumbing, 7 th Edition, § 410.2.
27 S. 48.081, F.S., specifies the procedures to be followed in se rving process on a corporation.

STORAGE NAME: h0895d.COM                                                                                                        PAGE: 4
DATE: 4/6/2023
                       II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may reduce litigation expenses for labor pools due to the mandatory cure period created by the
       bill.

   D. FISCAL COMMENTS:
       None.

                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not Applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.




STORAGE NAME: h0895d.COM                                                                                PAGE: 5
DATE: 4/6/2023
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

   On March 16, 2023, the Regulatory Reform & Economic Development Subcommittee adopted an
   amendment and reported the bill favorably as a committee substitute. The committee substitute:
       Clarified the application of minimum standards in the Florida Building Code to water fountains and
         restrooms.
       Clarified the limitation of remedies.

   This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
   Development Subcommittee.




STORAGE NAME: h0895d.COM                                                                             PAGE: 6
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           CS/HB 895                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to the Labor Pool Act; amending s.
    3              448.24, F.S.; providing that a labor pool satisfies
    4              certain requirements if its facilities meet the
    5              minimum requirements in the Florida Building Code and
    6              any local amendments thereto; providing drinking water
    7              alternatives; amending s. 448.25, F.S.; requiring an
    8              aggrieved worker to provide specified notice to a
    9              labor pool before bringing a civil action; authorizing
10                 a labor pool to cure alleged violations in certain
11                 ways; requiring that a civil action be brought within
12                 a certain time period; providing exclusive remedies;
13                 providing an effective date.
14
15         Be It Enacted by the Legislature of the State of Flor ida:
16
17                 Section 1.         Subsection (5) of section 448.24, Florida
18         Statutes, is amended to read:
19                 448.24        Duties and rights.—
20                 (5)         A labor pool that operates a labor hall must provide
21         facilities for a worker waiting at the labor hall for a job
22         assignment that include:
23                 (a)         restroom facilities,.
24                 (b)         drinking water, and.
25                 (c)         sufficient seating. A labor pool satisfies

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        CS/HB 895                                                                                            2023




26      requirements for providing restroom facilities and drinking
27      water if its labor hall facilities comply with all minimum
28      requirements for public restrooms and drinking fountains in the
29      Florida Building Code and any local amendments thereto. A labor
30      pool may also provide drinking water through a water cooler
31      dispenser, by offering bottled water, or by any other similar
32      means.
33              Section 2.         Section 448.25, Florida Statutes, is amended to
34      read:
35              448.25        Remedies; damages; costs.—
36              (1)(a)        Any worker aggrieved by a violation of s. 448.24
37      has shall have the right to bring a civil action in a court of
38      competent jurisdiction against the labor pool responsible for
39      such violation.
40              (b)         Before bringing a civil action pursuant to this
41      section, an aggrieved worker must give the labor pool a
42      reasonable opportunity to cure the alleged violation. The
43      aggrieved worker must serve the labor pool in accordance with s.
44      48.081 with written notice of the alleged violation. Such notice
45      must include a statement that failure by the labor pool to cure
46      the alleged violation within 60 days after receipt of the notice
47      may result in a civil action being filed against it in a court
48      of competent jurisdiction. A labor pool may cure a violation
49      relating to its labor hall facilities by modifying the alleged
50      violation to comply with s. 448.24(5).

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        CS/HB 895                                                                                            2023




51              (c)         In any action commenced pursuant to this section part,
52      the aggrieved worker is shall be entitled to recover actual and
53      consequential damages, or $1,000, whichever is greater, for each
54      violation of s. 448.24 this part, and costs.
55              (2)         A civil action brought under s. 448.24 must be filed
56      within 1 year after the date the aggrieved worker s erves written
57      notice of the alleged violation on the labor pool.
58              (3)(2)        The remedies provided by this part for a violation
59      of s. 448.24 are not exclusive and shall not preclude the
60      aggrieved worker from pursuing any other remedy at law or equity
61      which the worker may have.
62              Section 3.         This act shall take effect July 1, 2023.




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                                                                                                         hb0895-01-c1
CS/HB 1025
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1025 Government Vehicles
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee, Caruso
TIED BILLS:       IDEN./SIM. BILLS: CS/CS/SB 284

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                   17 Y, 0 N, As CS        Walsh              Keating
     Subcommittee

  2) Commerce Committee                                                               Walsh              Hamon


                                             SUMMARY ANALYSIS
Current law requires state agencies that wish to procure commodities or contractual services in excess of
$35,000 to use a competitive solicitation process. A competitive solicitation is the process of requesting and
receiving two or more sealed bids, proposals, or replies submitted by responsive vendors in accordance with
the terms of a competitive process.

State agencies, in many circumstances, are required to take specified actions to promote energy efficiency and
other environmental benefits when conducting public business. When procuring new vehicles, state agencies,
state universities, community colleges, and local governments under a state purchasing plan must first define
the intended purpose for the vehicle and determine which statutorily listed use class applies. Vehicles must be
selected for the greatest fuel efficiency available for the determined class when fuel economy data is available.

Under the bill, any governmental entity that purchases under the state purchasing plan must select vehicles
based on the lowest lifetime ownership costs, including costs for fuel, operations, and maintenance.

The bill strikes the requirement under current law that state agencies use ethanol and biodiesel fuel when
available, and the bill removes the requirement that state agencies that administer central fueling operations
for state-owned vehicles procure biofuels for fleet needs to the greatest extent practicable.

The bill requires DMS to make recommendations before July 1, 2024, to state agencies and local governments
regarding the procurement of electric vehicles and natural gas fuel vehicles.

The bill has no impact state or local government revenues or expenditures.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1025a.COM
DATE: 4/6/2023
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Procurement of Commodities or Contractual Services

        Current law specifies the procedures for procurement of commodities or contractual services. 1 The
        Department of Management Services (DMS) provides uniform commodity and contractual service
        procurement policies, rules, procedures, and forms for use by agencies and eligible users, 2 and
        establishes purchasing agreements and procures state term contracts for commodities and contractual
        services.3

        DMS is required to consider the life-cycle cost of commodities purchased by the state, when applicable
        and feasible.4 When calculating the life-cycle cost, the agency may consider the acquisition cost of the
        product; the energy consumption and the projected cost of energy over the useful life of the product;
        and the anticipated trade-in, resale, or salvage value of the product.5 The agency is authorized to
        establish by rule energy-efficiency standards for major energy-consuming products.6

        Florida law requires state agencies that wish to procure commodities or contractual services in excess
        of $35,0007 to use a competitive solicitation process.8 Competitive solicitation is the process of
        requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive
        vendors in accordance with the terms of a competitive process, regardless of procurement method. 9

        Commodities or contractual services available only from a single source may be exempt from the
        competitive solicitation requirement.10 Current law specifies the processes an agency must follow in this
        circumstance.11

        Climate-friendly Public Business

        Current law requires state agencies, in many circumstances, to take specified actions to promote
        energy efficiency and other environmental benefits when conducting public business. 12 These actions
        include:
             Consulting the Florida Climate-Friendly Preferred Products List13 when procuring products from
               state term contracts 14 and procuring such products if the price is comparable; 15
             Contracting for meeting and conference space only with facilities that have received a special
               designation from the Department of Environmental Protection for best practices in water,

1 Ch. 287, F.S.
2 S. 287.032,   F.S.
3 S. 287.042(2)(a),  F.S.
4 S. 287.083(1),  F.S.
5 S. 287.083(5), F.S.
6 S. 287.083(3)(a), F.S.
7 S. 287.017(2), F.S.
8 S. 287.057(1), F.S.
9 S. 287.012(6), F.S.
10 S. 287.057(3)(c), F.S.
11 Id.
12 S. 286.29, F.S.
13 The Florida Climate-Friendly Preferred Products List is developed by DMS, which works with the Department of

Environmental Protection to continually assess the list. The list identifies specific products and vendors that offer energy
efficiency or other environmental benefits over competing products. See s. 286.29(1), F.S.
14 A state term contract is a contract for commodities or contractual services that is competitively procured by DMS and is

used by agencies and other eligible users. See ss. 287.012(28), F.S. and 287.042(2)(a), F.S.
15 S. 286.29(1), F.S.
STORAGE NAME: h1025a.COM                                                                                             PAGE: 2
DATE: 4/6/2023
                   energy, and waste efficiency standards, absent a determination from the agency head no other
                   viable alternative exists;16
                  Ensuring all maintained vehicles meet minimum maintenance schedules shown to reduce fuel
                   consumption and reporting compliance to DMS;17 and
                  Using ethanol and biodiesel blended fuels when available. State agencies administering central
                   fueling operations for state-owned vehicles shall procure biofuels for fleet needs to the greatest
                   extent practicable.18

        Additionally, state agencies, state universities, community colleges, and local governments that
        purchase vehicles under a state purchasing plan must first define the intended purpose for the vehicle
        and determine which statutorily listed use class 19 the vehicle is being procured for.20 These vehicles
        must be selected for the greatest fuel efficiency available for the determined use class when fuel
        economy data is available.21 Exceptions may be made for emergency response vehicles in certain
        circumstances.22

        Effect of the Bill

        The bill requires any governmental entity that purchases under the state purchasing plan to select
        vehicles for each use class based on the lowest lifetime ownership costs, including costs for fuel,
        operations, and maintenance, rather than based on the greatest fuel efficiency.

        The bill strikes the requirement under current law that state agencies use ethanol and biodiesel fuel
        when available. It also removes the requirement that state agencies that administer central fueling
        operations for state-owned vehicles procure biofuels for fleet needs to the greatest extent practicable.

        The bill requires DMS to make recommendations before July 1, 2024, to state agencies, state colleges
        and universities, and local governments regarding the procurement of electric vehicles and natural gas
        fuel vehicles and the best practices for integrating those vehicles into existing fleets.

        The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:
        Section 1: Amends s. 286.29, F.S., relating to climate-friendly public business.

        Section 2: Requires DMS to make specified recommendations.

        Section 3: Provides an effective date of July 1, 2023.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
             None.


16 S. 286.29(2), F.S.
17 S. 286.29(3), F.S.
18 S. 286.29(5), F.S.
19 Listed vehicle use classes are the following: state business travel, designated operator; state business travel, pool

operators; construction, agricultural, or maintenance work; conveyance of passengers; conveyance of building or
maintenance materials and supplies; off-road vehicle, motorcycle, or all-terrain vehicle; emergency response; or other.
See s. 286.29(4), F.S.
20 S. 286.29(4), F.S.
21 Id.
22 Id.
STORAGE NAME: h1025a.COM                                                                                             PAGE: 3
DATE: 4/6/2023
       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
         action requiring the expenditures of funds; reduce the authority that counties or municipalities have
         to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

   On March 21, 2023, the Energy, Communications & Cybersecurity Subcommittee adopted a proposed
   committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS removed a
   provision providing a tax exemption for electric vehicle conversion components and labor and removed a
   provision that amends the definition of “single-trade inspection.”

   This analysis is drafted to the committee substitute as passed by the Energy, Communications &
   Cybersecurity Subcommittee.




STORAGE NAME: h1025a.COM                                                                                  PAGE: 4
DATE: 4/6/2023
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           CS/HB 1025                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to government vehicles; amending s.
    3              286.29, F.S.; revising the selection criteria for
    4              purchasing or leasing vehicles for state agencies,
    5              state universities, community colleges, and local
    6              governments under a state purchasing plan; removing a
    7              provision requiring the use and procurement of ethanol
    8              and biodiesel blended fuels; requiring the Department
    9              of Management Services, before a specified date, to
10                 make recommendations to state agencies, state
11                 universities, community colleges, and local
12                 governments relating to the procurement and
13                 integration of electric and natural gas fuel vehicles;
14                 providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                 Section 1.         Subsections (4) and (5) of section 286.29,
19         Florida Statutes, are amended to read:
20                 286.29        Climate-friendly public business.—The Legislature
21         recognizes the importance of leadership by state government in
22         the area of energy efficiency and in reducing the greenhouse gas
23         emissions of state government operations. The following shall
24         pertain to all state agencies when conducting public business:
25                 (4)         When procuring new vehicles, all state agencies, state

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        CS/HB 1025                                                                                           2023




26      universities, community colleges, and local governments that
27      purchase vehicles under a state purchasing plan shall first
28      define the intended purpose for the vehicle and determine which
29      of the following use classes for which the vehicle is being
30      procured:
31              (a)         State business travel, designated operator;
32              (b)         State business travel, pool operators;
33              (c)         Construction, agricultural, or maintenance work;
34              (d)         Conveyance of passengers;
35              (e)         Conveyance of building or maintenance materials and
36      supplies;
37              (f)         Off-road vehicle, motorcycle, or all-terrain vehicle;
38              (g)         Emergency response; or
39              (h)         Other.
40
41      Vehicles described in paragraphs (a) through (h), when being
42      processed for purchase or leasing agreements, must be selected
43      based on the lowest lifetime ownership costs, including costs
44      for fuel, operations, and maintenance, for the greatest fuel
45      efficiency available for a given use class when fuel economy
46      data are available. Exceptions may be made for individual
47      vehicles in paragraph (g) when accompanied, during the
48      procurement process, by documentation indicating that the
49      operator or operators will exclusively be emergency first
50      responders or have special documented need for exceptional

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        CS/HB 1025                                                                                           2023




51      vehicle performance characteristics. Any request for an
52      exception must be approved by the purchasing agency head and any
53      exceptional performance characteristics denoted as a part of the
54      procurement process prior to purchase.
55              (5)         All state agencies shall use ethanol and biodiesel
56      blended fuels when available. State agencies administering
57      central fueling operations for state-owned vehicles shall
58      procure biofuels for fleet needs to the greatest extent
59      practicable.
60              Section 2.         Before July 1, 2024, the Department of
61      Management Services shall make recommendations to state
62      agencies, state universities, community colleges, and local
63      governments regarding the procurement of electric and natural
64      gas fuel vehicles and best practices for integrating such
65      vehicles into existing fleets.
66              Section 3.         This act shall take effect July 1, 2023.




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                                                                                                         hb1025-01-c1
                            Commerce Committee
                          CS/HB 1025 by Rep. Caruso
                            Government Vehicles

                            AMENDMENT SUMMARY
                                April 10, 2023


Amendment 1 by Rep. Caruso (strike-all):

   •   Clarifies that the evaluation of a vehicle’s lowest lifetime ownership cost must
       include fuel costs only when fuel economy data is available.
   •   Inserts a provision requiring that state agencies purchase a vehicle that uses
       ethanol and biodiesel bended or natural gas fuels when purchasing a vehicle with
       an internal combustion engine.
   •   Adds vehicles powered by renewable energy as defined in law to the list of
       vehicle types about which the Department of Management Services must make
       procurement recommendations to specified government entities.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1025   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Caruso offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6          Section 1.   Subsections (4) and (5) of section 286.29,
 7     Florida Statutes, are amended to read:
 8          286.29   Climate-friendly public business.—The Legislature
 9     recognizes the importance of leadership by state government in
10     the area of energy efficiency and in reducing the greenhouse gas
11     emissions of state government operations. The following shall
12     pertain to all state agencies when conducting public business:
13          (4)    When procuring new vehicles, all state agencies, state
14     universities, community colleges, and local governments that
15     purchase vehicles under a state purchasing plan shall first
16     define the intended purpose for the vehicle and determine which
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                                   Page 1 of 4
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1025   (2023)
       Amendment No. 1


17     of the following use classes for which the vehicle is being
18     procured:
19          (a)    State business travel, designated operator;
20          (b)    State business travel, pool operators;
21          (c)    Construction, agricultural, or maintenance work;
22          (d)    Conveyance of passengers;
23          (e)    Conveyance of building or maintenance materials and
24     supplies;
25          (f)    Off-road vehicle, motorcycle, or all-terrain vehicle;
26          (g)    Emergency response; or
27          (h)    Other.
28
29     Vehicles described in paragraphs (a) through (h), when being
30     processed for purchase or leasing agreements, must be selected
31     based on the lowest lifetime ownership costs, includi ng costs
32     for operations, maintenance, and fuel when fuel economy data is
33     available, for the greatest fuel efficiency available for a
34     given use class when fuel economy data are available. Exceptions
35     may be made for individual vehicles in paragraph (g) when
36     accompanied, during the procurement process, by documentation
37     indicating that the operator or operators will exclusively be
38     emergency first responders or have special documented need for
39     exceptional vehicle performance characteristics. Any request for
40     an exception must be approved by the purchasing agency head and


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                                   Page 2 of 4
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1025   (2023)
       Amendment No. 1


41     any exceptional performance characteristics denoted as a part of
42     the procurement process prior to purchase.
43          (5)   When a state agency purchases a vehicle with an
44     internal combustion engine, it must All state agencies shall use
45     ethanol and biodiesel blended or natural gas fuels when
46     available. State agencies administering central fueling
47     operations for state-owned vehicles with an internal combustion
48     engine shall procure biofuels for fleet needs to the greatest
49     extent practicable.
50          Section 2.   Before July 1, 2024, the Department of
51     Management Services shall make recommendations to state
52     agencies, state universities, community colleges, and local
53     governments regarding the procurement of electric and na tural
54     gas fuel vehicles and other vehicles powered by renewable energy
55     as defined in s. 366.91(2), Florida Statutes, and best practices
56     for integrating such vehicles into existing fleets.
57
58           -----------------------------------------------------
59                        T I T L E   A M E N D M E N T
60          Remove everything before the enacting clause and insert:
61     An act relating to government vehicles; amending s. 286.29,
62     F.S.; revising the selection criteria for purchasing or leasing
63     vehicles for state agencies, state universities, community
64     colleges, and local governments under a state purchasing plan;
65     specifying that, if available, a state agency must use certain
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                                  Page 3 of 4
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1025   (2023)
       Amendment No. 1


66     fuels in vehicles with internal combustion engines; requiring
67     the Department of Management Services, before a specified date,
68     to make recommendations to state agencies, state universities,
69     community colleges, and local governments relating to the
70     procurement and integration of electric and natural gas fuel
71     vehicles and other vehicles powered by renewable energy ;
72     providing an effective date.




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                                  Page 4 of 4
HM 1137
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HM 1137 New Nuclear Energy
SPONSOR(S): Overdorf
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                   16 Y, 0 N               Mortellaro         Keating
     Subcommittee

  2) Commerce Committee                                                               Mortellaro         Hamon


                                            SUMMARY ANALYSIS
Under Federal Law, the United States Nuclear Regulatory Commission (NRC) is responsible for licensing and
regulating the operation of commercial nuclear power plants in the United States. NRC approval is necessary
before a nuclear power plant can be built and operated, and the NRC holds continued oversight to ensure the
nuclear power plants comply with their regulations to protect public health and safety, defense and security,
and the environment.

Reprocessing turns used and unusable uranium and plutonium into usable energy resources, reclaiming and
repurposing nuclear waste. Many countries have been implementing policies to reprocess nuclear fuel.

This memorial urges the President and Congress to take action to adjust regulatory policy as necessary to
allow states the ability to conduct feasibility studies on reclamation and repurposing of spent nuclear fuel for
new nuclear energy generation.

Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal
government to act on a particular subject.

This memorial does not have a fiscal impact on the state or local governments.

This memorial is not subject to the Governor’s veto powers.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1137b.COM
DATE: 4/6/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Reprocessing

         Reprocessing generally refers to “the processes used to separate spent nuclear reactor fuel into
         nuclear materials that may be recycled for use in new fuel and material that would be discarded as
         waste.”1 While there are no commercial reprocessing facilities currently operating in the U.S., there are
         many in other countries.2 The process of reprocessing turns used and unusable uranium and plutonium
         into usable energy resources, reclaiming and repurposing nuclear waste. The nuclear power formed
         from this process is a low-carbon source of energy, since it doesn’t produce CO2 during operations. 3
         Many European countries, Russia, China, and Japan have been implementing policies to reprocess
         nuclear fuel.4

         The U.S. currently has 86,000 metric tons of spent nuclear fuel from commercial reactors which are
         stored at 75 sites.5 The spent nuclear fuel is held in repositories.6 While the U.S. has had three
         commercial reprocessing plants in the past, they are all currently decommissioned due to nuclear
         weapons proliferation concerns and level of radioactivity in the waste. 7

         Regulatory Policy for Licensing

         For Nuclear Fuel Facilities

         Under Federal Law, the United States Nuclear Regulatory Commission (NRC) is responsible for
         licensing and regulating the operation of commercial nuclear power plants in the United States. 8
         Currently, all operating nuclear power plants have been licensed under a two-step process described in
         Title 10 of the Code of Federal Regulations (10 CFR) under Part 50.9 This process requires a
         construction permit and an operating license.10 In 1989, to improve regulatory efficiency and add more
         predictability to the licensing process, 10 CFR Part 5211 was created, which includes a combined
         license that provides the construction permit and an operating license. 12 There are other licensing
         options under Part 52, such as Early Site Permits and certified standard plant designs. 13 NRC holds
         final authority of approval, and their approval is necessary before a nuclear power plant can be built
         and operated.14 The NRC holds continued oversight of these plants to make sure they comply with
         NRC regulations to protect public health and safety, defense and security, and the environment. 15


1 United States Nuclear Regulatory Commission, Reprocessing, https://www.nrc.gov/materials/reprocessing.html (last visited Mar. 27,

2023).
2
  Id.
3 World Nuclear Association, Processing of Used Nuclear Fuel (Dec. 2020), https://world-nuclear.org/information-library/nuclear-fuel-

cycle/fuel-recycling/processing-of-used-nuclear-fuel.aspx (last visited Mar. 23, 2023).
4 Id.

5 U.S. Government Accountability Office, Commercial Spent Nuclear Fuel: Congressional Action Needed to Break Impasse and
Develop a Permanent Disposal Solution, https://www.gao.gov/products/gao-21-603 (last visited Mar. 27, 2023).
6 Id.
7 World Nuclear Association, Processing of Used Nuclear Fuel, https://world-nuclear.org/information-library/nuclear-fuel-cycle/fuel-

recycling/processing-of-used-nuclear-fuel.aspx (last visited Mar. 27, 2023).
8 United States Nuclear Regulatory Commission, Backgrounder on Nuclear Power Plant Licensing Process,

https://www.nrc.gov/reading-rm/doc-collections/fact-sheets/licensing-process-fs.html (last visited Mar. 23, 2023).
9 10 CFR 50.
10 Backgrounder on Nuclear Power Plant Licensing Process, supra note 7.
11 10 CFR 52.
12 Backgrounder on Nuclear Power Plant Licensing Process, supra note 7.
13 Id.
14 Id.
15 Id.

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         For Reprocessing Facilities

         The Global Nuclear Energy Partnership (GNEP) was an initiative with a comprehensive strategy to
         increase U.S. and global energy security, reduce the risk of nuclear proliferation, 16 and improve the
         environment.17 The primary goal of implementing this initiative was to establish domestic reprocessing.
         In 2008, the U.S. Congress reduced funding of GNEP and this goal dissipated. Between 2008 and
         2013, the NRC received four letters from companies supporting an updated reprocessing regulatory
         framework. As a result of these letters, the NRC focused its efforts on creating a more broadly
         applicable framework for commercial reprocessing facilities. 18 In 2013, the NRC provided resource cost
         estimates that would be required to update the NRC regulatory framework for licensing a reprocessing
         facility.

         In 2020, stakeholders including the Nuclear Energy Institute (NEI), the U.S. Department of Energy
         (DOE), the Union of Concerned Scientists (UCS), industry representatives, environmental groups, and
         private citizens got involved. In March of 2020, NEI and industry representatives voiced support for
         continuing rulemaking for a clear regulatory framework of reprocessing, but none of these industry
         stakeholders planned to apply for a reprocessing facility. UCS indicated that they do not support
         rulemaking because of proliferation concerns. The NRC reached out to organizations who create
         reactors. The NRC determined that in addition to using fresh fuel obtained from enrichment and
         fabrication, other advanced reactor designs would eventually be able to source fuel from spent fuel of
         other reactors; however, there was limited interest in pursuing reprocessing activities in the near future.
         DOE has some reprocessing initiatives, but none of their initiatives require NRC licensing.19 Eventually,
         in 2021, the NRC staff determined that reprocessing licensing rulemaking is not currently justified due
         to the limited interest from potential applicants for reprocessing facilities and the expansive costs.20

         Nuclear Power Plants in Florida

         The NRC Regional Officer in Atlanta holds jurisdiction over Florida’s nuclear power reactors. Currently,
         there are two operating nuclear power reactors,21 no fuel cycle facilities,22 and no uranium recovery
         facilities located in Florida. The four operating nuclear power reactor units, are located in two locations
         in Florida, St. Lucie23 and Turkey Point.24 These power plants generate 12% of the state’s electricity.25
         Feasibility Studies


16 World 101, What is Nuclear Proliferation, https://world101.cfr.org/global-era-issues/nuclear-proliferation/what-nuclear-proliferation

(last visited Mar. 27, 2023).
17 The Glob al Nuclear Energy Partnership: Greater Energy Security in a Cleaner, Safer World , https://www.energy.gov/articles/global-

nuclear-energy-partnership-0 (last visited Mar. 27, 2023).
18
   Reprocessing, supra note 1.
19 While DOE reprocessing is not required to obtain licensing under the NRC, the NRC must be consulted and is required to monito r

DOE waste disposal actions. U.S. Department of Energy, DOE M 435.1 -1, Radioactive Waste Management Manual,
https://www.directives.doe.gov/directives -documents/400-series/0435.1-DManual-1 (last visited Mar. 27, 2023); Office of Environmental
Management, How DOE Makes Reprocessing Waste Determinations, https://www.energy.gov/em/how-doe-makes-reprocessing-waste-
determinations (last visited Mar. 27, 2023).
20
   United States Nuclear Regulatory Commission, DISCONTINUATION OF R ULEMAKING – SPENT FUEL R EPROCESSING,
https://www.nrc.gov/docs/ML2030/ML20301A388.pdf.
21 A “nuclear power reactor” uses heat energy released from splitting atoms of certain elements to generate electricity. Uranium is the

basic fuel; World Nuclear Association, Nuclear Power Reactors, https://world-nuclear.org/information-library/nuclear-fuel-cycle/nuclear-
power-reactors/nuclear-power-
reactors.aspx#:~:text=Nuclear%20Power%20Reactors%201%20Nuclear%20reactors%20work%20by,most%20of%20those%20operati
ng%20are%20second-generation.%20More%20items (last visited Mar. 23, 2023).
22 According to the NRC, “fuel cycle facilities” make nuclear fuel for commercial nuclear reactors or manufactur e specialty materials for

the U.S. Navy’s nuclear fleet. There are three types: uranium conversion, uranium enrichment, and fuel fabrication. United States
Nuclear Regulatory Commission, Fuel Cycle Facilities, https://www.nrc.gov/materials/fuel-cycle-fac.html (last visited Mar. 27, 2023).
23 United States Nuclear Regulatory Commission, St. Lucie Plant, Unit 1, https://www.nrc.gov/info-finder/reactors/stl1.html (last visited

Mar. 23, 2023); USNRC, St. Lucie Plant, Unit 2, https://www.nrc.gov/info-finder/reactors/stl2.html (last visited Mar. 23, 2023).
24 United States Nuclear Regulatory Commission, Turkey Point Nuclear Generating Unit 3, https://www.nrc.gov/info-

finder/reactors/tp3.html (last visited Mar. 23, 2023); United States Nuclear Regulatory Commission, Turkey Point Nuclear Generating
Unit 4, https://www.nrc.gov/info-finder/reactors/tp4.html (last visited Mar. 23, 2023).
25 Florida Energy Systems Consortium, Florida Energy Facts, http://floridaenergy.ufl.edu/florida-energy-

facts/#:~:text=Florida%20was%20second%20only%20to%20Texas%20in%202014,including%20rene wable%20energy%2C%20supplie
d%20the%20remaining%20electricity%20generation (last visited Mar. 23, 2023).
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DATE: 4/6/2023
         A feasibility study is an important step in developing new nuclear projects. 26 As an overview, a
         feasibility study will assess all aspects of energy demand, each energy option, cost and technical
         aspects, any the varying degrees of social and environmental implications to determine if it is possible,
         practical, and viable.27

         Effect of the Memorial

         The memorial urges the President and Congress to take action to adjust regulatory policy as necessary
         to allow states the ability to conduct feasibility studies 28 on reclamation and repurposing of spent
         nuclear fuel for new nuclear energy generation.

         Legislative memorials are not subject to the Governor’s veto power and are not presented to the
         Governor for review.29 Memorials have no force of law, as they are mechanisms for formally petitioning
         the federal government to act on a particular subject. Upon adoption by both chambers, copies of the
         memorial will be sent to the President of the United States, the President of the United States Senate,
         the Speaker of the United States House of Representatives, and each member of the Florida
         delegation to the United States Congress.

    B. SECTION DIRECTORY:
         None.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

    D. FISCAL COMMENTS:
         None.


26 International Atomic Energy Agency, Preparation of a Feasib ility Study for New Nuclear Power Projects, IAEA N UCLEAR ENERGY

SERIES N O. NG-T-3.3 (2014), https://www-pub.iaea.org/MTCD/Publications/PDF/Pub1633Web-39794849.pdf.
27 Id.
28 Id.
29 A “memorial” is a measure addressed to an executive agency or another legislative body, usually Congress, which expresses the

consensus of the Florida Legislature or urges that certain action be taken on a matter within the jurisdiction of the agency or body to
which it is addressed. When both houses adopt the measure, the memorial is signed by the legislative officers and transmitted to the
Secretary of State for presentation to the addressee. A memorial is not subject to the approval or veto powers of the Governo r, is not
subject to constitutional title requirements, and does not have the effect of law. The Florida Senate, Glossary,
https://www.flsenate.gov/Reference/Glossary (last visited Mar. 23, 2023).
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                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S

                                R E P R E S E N T A T I V E S
           


           HM 1137                                                                                               2023


    1                                                House Memorial
    2              A memorial to the President and Congress of the United
    3              States, urging the President and Congress to take
    4              action to adjust regulatory policy as necessary to
    5              allow states the ability to conduct feasibility
    6              studies on reclamation and repurposing of spent
    7              nuclear fuel for new nuclear energy generation.
    8
    9              WHEREAS, nuclear reprocessing technology has been used
10         extensively throughout Europe, Russia, and Japan, and
11                 WHEREAS, existing reprocessing technology has resulted in a
12         gain of approximately 30 percent more energy than the initial
13         uranium source, and
14                 WHEREAS, the United States has conducted more than 250
15         plant-years of reprocessing technology operations, and
16                 WHEREAS, reprocessing technology results in more rapid
17         decay and reduces the volume of high-level nuclear waste to
18         nearly one-fifth, and
19                 WHEREAS, fourth generation fast neutron reactors will
20         significantly expand the opportunity for reprocessing technology
21         to include previously underused stockpiles of depleted uranium,
22         and
23                 WHEREAS, the use of depleted uranium in reprocessing
24         technology potentially amounts to over 1.2 million tons of



                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hm1137-00
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S

                             R E P R E S E N T A T I V E S
        


        HM 1137                                                                                               2023


25      underused uranium stockpiles, which significantly reduces the
26      prevalence of uranium mining, and
27              WHEREAS, nuclear fuel is a green energy that supports the
28      carbon-free power demand, and
29              WHEREAS, four nuclear reactors located at two power plants
30      in the state generate more than 3,000 megawatts, powering nearly
31      1.9 million homes with clean energy, and
32              WHEREAS, federal government regulation and policy changes
33      have resulted in the closure of all three civil reprocessing
34      plants in the United States, NOW, THEREFORE,
35
36      Be It Resolved by the Legislature of the State of Florida:
37
38              That the President and Congress of the United States are
39      urged to take action to adjust regulatory policy as necessary to
40      allow states the ability to conduct feasibility studies on
41      reclamation and repurposing of spent nuclear fuel for new
42      nuclear energy generation.
43              BE IT FURTHER RESOLVED that the Secretary of State dispatch
44      copies of this memorial to the President of the United States,
45      the President of the United States Senate, the Speaker of the
46      United States House of Representatives, and each member of the
47      Florida delegation to the United States Congress.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hm1137-00
CS/HB 1221
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1221 Broadband Internet Service Providers
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Tomkow
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 626

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Energy, Communications & Cybersecurity                   18 Y, 0 N               Keating            Keating
       Subcommittee

    2) State Administration & Technology                        13 Y, 0 N, As CS        Mullins            Topp
       Appropriations Subcommittee

    3) Commerce Committee                                                               Keating            Hamon


                                                SUMMARY ANALYSIS
Rural electric cooperatives are electric utilities owned by their customer-members and located primarily in rural
areas where, at least historically, the economics of building or installing electrical infrastructure has not
attracted investment. To promote economic development, a cooperative in Florida may provide any energy or
nonenergy services to its membership. Currently, five of Florida’s 18 rural electric cooperatives are engaged in
or developing broadband service for their members. Both the state and federal government offer grant funds to
entities seeking to expand broadband Internet service into unserved areas.

The term pole attachment refers to the process by which communications services providers can place
communications infrastructure on existing electric utility poles. 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. Since 2021, the Public Service Commission (PSC)
has had the authority to regulate and enforce rates, charges, terms, and conditions for attachments to poles
owned by investor-owned electric utilities. No party yet has initiated proceedings at the PSC under this
authority. Attachments to poles owned by rural electric cooperatives are, and have historically been, exempt
from regulation.

The bill provides explicit authority for rural electric cooperatives in Florida to “engage in the provisions of
broadband.” The bill defines this phrase to mean:
    Providing broadband service directly, through an affiliate, or pursuant to an agreement with a third
        party; or
    Accepting broadband grant funding pursuant to the Florida Broadband Opportunity Program or from
        any other federal or state program offering grants to expand broadband Internet service to unserved
        areas of the state.

Under the bill, if a rural electric cooperative engages in the provision of broadband, all poles owned by the
cooperative are subject to the PSC’s pole attachment regulations on the same basis as poles owned by
investor-owned electric utilities. The PSC is granted access to the cooperative’s books and records to the
limited extent necessary to exercise its authority. The bill provides for the continued confidential treatment of
certain records received by the PSC under existing public record exemptions The bill provides that it may not
be construed to impair the contract rights of parties to an existing pole attachment agreement.

The bill does not impact state or local government revenues or local government expenditures. The bill may
increase state government expenditures, but the PSC has indicated that it can handle the expected workload
with existing resources.

The bill provides an effective date of July 1, 2023.

                                                        FULL ANALYSIS


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1221d.COM
DATE: 4/6/2023
                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Regulation of Pole Attachments

         The term pole attachment refers to the process by which communications services providers can place
         communications infrastructure on existing electric utility poles. This reduces the number of poles that
         must be built to accommodate utility and communications services, while 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. 1 The space requested for a pole
         attachment is typically one foot.

         Pole attachments, originally by mutual agreement but later by federal statute and regulation, provide
         non-pole-owning cable and telecommunication service providers with access to a utility’s distribution
         poles, conduits, and ROW for:
              Installing fiber, coaxial cable or wires, and other equipment;
              Building an interconnected network; and
              Reaching customers.2

         Congress began regulating pole attachments 3 in 1978.4 The Telecommunications Act of 19965 (the Act)
         expanded pole attachment rights to telecommunications 6 carriers. The Act requires utilities 7 to provide
         nondiscriminatory access to cable television systems and telecommunications carriers. The Act also
         authorizes the Federal Communications Commission8 (FCC) to regulate the rates, terms, and
         conditions of attachments by cable television operators to the poles, conduit, or ROW owned or
         controlled by utilities in the absence of parallel state regulation. 9 The Legislation withheld from FCC
         jurisdiction the authority to regulate attachments where the utility is a railroad, cooperatively organized,
         or owned by a government entity.10 Thus, federal pole attachment regulations apply only to investor-
         owned electric utilities (IOUs). Municipal and cooperative electric utilities are specifically exempted from
         federal pole attachment regulations.

         The Act permits utilities to deny access where there is insufficient capacity and for reasons of safety,
         reliability or generally applicable engineering purposes. In addition to establishing a right of access, the
         Act provides a rate methodology for “attachments used by telecommunications carriers to provide



1 American Public Power Association, Issue Brief: Preserving the Municipal Exemption from Federal Pole Attachment Regulations (Jan.

2021) https://www.publicpower.org/policy/preserving-municipal-exemption-federal-pole-attachment-regulations (last visited Mar. 13,
2021).
2 Edison Electric Institute, Pole Attachments 101, https://ecfsapi.fcc.gov/file/7020708245.pdf (last visited Mar. 13, 2021).
3
  47 U.S.C. § 224(a)(4), defines ‘‘pole attachment’’ as “any attachment by a cable television system or provider of telecommuni cations
service to a pole, duct, conduit, or right-of-way owned or controlled by a utility.”
4 The Pole Attachment Act of 1978 granted utility pole access to cable companies, and was designed to promote utility competiti on and

service to the public. Communications Act Amendments of 1978, Pub. L. No. 95 -234. (Feb. 21, 1978).
5 Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996).
6
  The term “telecommunications” means the transmission, between or among points specified by the user, of information of the us er’s
choosing, without change in the form or content of the information as sent and received. 47 U.S.C. § 153(50).
7 47 U.S.C. § 224(a)(1), defines ‘‘utility’’ as “any 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.”
8 The FCC regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the

District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the FCC is the United States'
primary authority for communications law, regulation and technological innovation. FCC, What We Do, https://www.fcc.gov/about-
fcc/what-we-do (last visited Mar 19, 2023).
9 47 U.S.C. § 224.
10 In the Matter of Implementation of Section 224 of the Act- A Nat'l Broadb and Plan for Our Future, 26 F.C.C. Rcd. 5240, 5245–46

(2011)
STORAGE NAME: h1221d.COM                                                                                                             PAGE: 2
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         telecommunications services”11 in addition to the existing methodology for attachments “used by a
         cable television system solely to provide cable service. 12

         Federal law broadly preempts the regulation of telecommunications services. 13 However, federal law
         allows states to exercise reverse preemption over the FCC’s jurisdiction of communications
         infrastructure access,14 meaning that once a state adopts its own utility pole access rules, the FCC
         loses jurisdiction over pole attachments to the extent that the state regulates such matters. 15

         Pursuant to section 224(c) of the Act16, each state that regulates the rates, terms, and conditions for
         pole attachments must certify to the FCC that:
              It regulates such rates, terms, and conditions; and
              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 provided by the pole owners.

         Furthermore, a state is not considered to regulate the rates, terms, and conditions for pole attachments:
              Unless the state has issued and made effective rules and regulations implementing the state's
                regulatory authority over pole attachments; and
              With respect to any individual matter, unless the state takes final action on a complaint
                regarding such matter:
                   o Within 180 days after the complaint is filed with the state, or
                   o Within the applicable period prescribed for such final action in such rules and regulations
                        of the state, if the prescribed period does not extend beyond 360 days after the filing of
                        such complaint.

         In Florida

         In 2021, Florida exercised its power under the Act to assert reverse preemption over the FCC’s
         regulation of pole attachments, directing the Florida Public Service Commission (PSC) to regulate and
         enforce rates, charges, terms, and conditions for pole attachments, and to ensure that they are just and
         reasonable. Accordingly, Florida law requires the PSC to adopt rules to administer its new regulatory
         authority and, in doing so, to consider the interests of the subscribers and users of the services offered
         through pole attachments, as well as the interests of the consumers of any pole owner providing such
         attachments.17 Florida law maintains the federal regulatory exemption for attachments to poles owned
         by government-owned or cooperative electric utilities.

         Florida law provides that the Legislature’s intent is to encourage parties to enter into voluntary pole
         attachment agreements and provides that it may not be construed to prevent parties from voluntarily
         entering into such agreements without PSC approval. The law requires the PSC to hear and resolve
         complaints concerning rates, charges, terms, conditions, voluntary agreements, or any denial of access
         relative to pole attachments. The law specifies that a party's right to nondiscriminatory access to a pole
         is identical to the rights afforded under section 224(f)(1) of the Act,18 and that a pole owner may deny
         access to its poles on a nondiscriminatory basis when there is insufficient capacity, for reasons of
         safety and reliability, and when required by generally applicable engineering purposes. A pole owner
         must consider relevant construction and reliability standards approved by the PSC when evaluating
         capacity, safety, reliability, and engineering requirements.

11 47 U.S.C. § 224(e).
12 47 U.S.C. § 224(d).
13 “No State or local statute or regulation, or other State or local legal requirement, may prohibit or h ave the effect of prohibiting the

ability of any entity to provide any interstate or intrastate telecommunications service.” 47 U.S.C. § 253(a).
14 47 U.S.C. § 224(c)(1).
15 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, 486–87 (2020).
16 47 U.S.C. § 224(c)
17 Ch. 2021-191, Laws of Fla., codified at s. 366.04(8), F.S.
18 47 U.S.C. s. 224(f)(1) provides for nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by a utility,

subject to denial, on a nondiscriminatory basis, only on the grounds of insufficient pole capacity or for safety, re liability, or other
engineering purposes.
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         Under Florida law, FCC precedent is not binding upon the PSC. However, the bill requires the PSC to
         apply the decisions and orders of the FCC and related appellate court decisions when determining just
         and reasonable pole attachment rates, terms and conditions unless a pole owner or attaching entity
         establishes by competent substantial evidence that an alternative cost-of-service based pole
         attachment rate is appropriate and in the public interest.

         To help establish precedent on the establishment of pole attachment rates and guide negotiations
         toward voluntary pole attachment agreements, Florida law authorizes any pole owner or attaching
         entity to participate in the first five formal administrative proceedings conducted by the PSC to
         determine pole attachment rates. After the fifth such formal administrative proceeding is concluded by
         final order, parties to subsequent pole attachment rate proceedings are limited to the specific pole
         owner and pole attaching entities involved in and directly affected by the specific pole attachment rate.
         Currently, no party has initiated a pole attachment proceeding at the PSC.

         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.19

         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,20 however, the
         opposite was true in rural areas—only one out of 10 rural homes had electric service. 21 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.22 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.23 By 1939, with assistance from REA funds, 413 rural electric cooperatives had
         been established in the U.S.,24 and by 1950, 80 percent of U.S. farms had electric service. 25

         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. 26 According to the National Rural
         Electric Cooperative Association (NRECA), now over 99 percent of U.S. farms have electrical service. 27
         Rural electric cooperatives continue to be the most prevalent way for consumers in rural areas to obtain
         electrical service.28

19 University of Wisconsin Center for Cooperatives, Research on the Economic Impact of Cooperatives,

https://reic.uwcc.wisc.edu/electric/ (last visited Mar. 19, 2023).
20
   Id.
21 National Rural Electric Cooperative Association, History, https://www.electric.coop/our-organization/history (last visited Mar. 19,

2023).
22 United States Department of Agriculture, Celeb rating the 80th Anniversary of the Rural Electrification Administration , Feb. 21, 2017,

https://www.usda.gov/media/blog/2016/05/20/celebrating-80th-anniversary-rural-electrification-administration (last visited Mar.19,
2023).
23 National Rural Electric Cooperative Association, History, supra note 21.
24 University of Wisconsin Center for Cooperatives, supra note 19.
25 Celeb rating the 80th Anniversary of the Rural Electrification Administration, supra note 22.
26 University of Wisconsin Center for Cooperatives , supra note 19.
27 National Rural Electric Cooperative Association, History, supra note 21.
28 United States Energy Information Administration, Today in Energy: August 15, 2019,

https://www.eia.gov/todayinenergy/detail.php?id=40913.
STORAGE NAME: h1221d.COM                                                                                                           PAGE: 4
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         As of 2019, rural electric cooperatives in the U.S. 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.29

         These factors lead to rural electric cooperatives receiving significantly less revenue per dollar of capital
         investment in distribution. Rural electric cooperatives’ average revenue for 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).30 Thus, on a per customer basis, the distribution of electric power
         in rural areas is higher versus the rest of the industry.

         In Florida

         In 1937, the REA drafted the Electric Cooperative Corporation Act as a model state law for states to
         adopt for forming and operating rural electric cooperatives. Florida’s first distribution electric
         cooperatives were formed that same year.31 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).32 These cooperatives operate in
         57 of Florida’s 67 counties and have more than 2.7 million customers. 33 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.34

         In addition to providing electric service, cooperatives in Florida are authorized to own and operate
         water and sewer systems.35 To promote economic development, a cooperative may provide any energy
         or nonenergy services to its membership.36

        Broadband Internet Deployment

         Fixed and mobile broadband Internet services provide access to numerous employment, education,
         entertainment, and health care opportunities.37 Communities that lack broadband access can have
         difficulty attracting new capital investment. While Florida’s urban areas are served at a fixed broadband
         coverage rate of 98 percent, its rural areas are served at a rate of 78.6 percent. 38 This disparity is
         caused primarily by high per-unit construction costs required to build broadband infrastructure across

29 National Rural Electric Cooperative Association, Fact Sheet: Feb ruary 2021, https://www.cooperative.com/programs-

services/bts/documents/data/electric-co-op-fact-sheet-update-february-2021.pdf (last visited Mar. 19, 2023).
30 Id.
31 Seminole Electric Cooperative, Empowering our Community, https://www.seminole-electric.com/ (last visited Mar. 19, 2023).
32 Florida Electric Cooperative Association, Memb ers, https://feca.com/members/ (last visited Mar 19, 2023).
33 Florida Electric Cooperative Association, Our History, https://feca.com/our-history/ (last visited Mar 19, 2023).
34 Id.
35 S. 425.04(4), F.S.
36 S. 425.04 (15), F.S.
37 U.S. Federal Communications Commission (FCC), 2018 Broadb and Deployment Report, at 1 (Feb. 2, 2018),

https://docs.fcc.gov/public/attachments/FCC-18-10A1.pdf (last visited Mar. 23, 2023).
38 FCC, 2021 Broadb and Deployment Report at 63 (Jan. 19, 2021), https://docs.fcc.gov/public/attachments/FCC-21-18A1.pdf (last

visited Mar. 23, 2023). For purposes of this data, ‘fixed broadband services’ are measured at 25 megabits per second downstream and
3 megabits per second upstream.
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        larger swaths of rural geographic areas.39 The recent COVID-19 pandemic amplified the need for
        broadband Internet access in everyday life. Studies indicate that broadband Internet access matters for
        jobs, income, business relocation, civic engagement, and health. 40

        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). 41 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, the 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.42

            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 telecommunications infrastructure in
        rural and remote areas of the United States.43 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. 44 The Connect
        America Fund is the largest of the USF’s programs, and has an annual budget of $4.5 billion.45

            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.46

            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,

39
   American Broadband Initiative, Milestones Report, at 11 (Feb. 13, 2019),
https://www.ntia.doc.gov/files/ntia/publications/american_broadband_initiative_milestones_report.pdf (last visited Mar. 23, 2023).
40 COVID-19 lockdowns expose the digital have-nots in rural areas – here’s which policies can get them connected (Sep. 2, 2020),

https://theconversation.com/covid-19-lockdowns-expose-the-digital-have-nots-in-rural-areas-heres-which-policies-can-get-them-
connected-144324 (last visited Mar. 23, 2023).
41
   Florida Department of Economic Opportunity, Broadb and Opportunity Program , https://www.floridajobs.org/community-planning-and-
development/broadband/broadband-opportunity-program (last visited Mar. 19, 2023).
42 Id.
43 Federal Communications Commission, Universal Service Monitoring Report, Feb. 13, 2023, (available at:

https://www.fcc.gov/general/federal-state-joint-board-monitoring-reports).
44 Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund,

https://www.fcc.gov/general/universal-service-high-cost-areas-connect-america-fund#releases (last visited Mar. 19, 2023).
45 Universal Service Administrative Co., Program Overview, https://www.usac.org/high-cost/program-overview/ (last visited Mar 3,

2023).
46 National Telecommunications and Information Administration, Broadband Technology Opportunities Program,

https://ntia.gov/category/broadband-technology-opportunities-
program#:~:text=The%20Broadband%20Technology%20Opportunities%20Program,in%20communities%20across%20the%20country
(last visited Mar. 19, 2023).
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         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.47

         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
              Indian tribes, as defined in Section 4 of the Indian Self-Determination and Education Assistance
                  Act (25 U.S.C. §450b).48

         Reconnect grants may be used for:
             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.49

         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
              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. 50

         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 exist 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).

         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.”51 To support its members who are or would like
         to be engaged in the broadband business, the NRECA launched a new level of service for its members
         in July 2022 called NRECA Broadband.52 The stated purpose of NRECA Broadband is to offer federal

47 Congressional Research Service, Infrastructure Investment and Job s Act: Funding for USDA

Rural Broadb and Programs, Nov. 19. 2021, https://crsreports.congress.gov/product/pdf/IF/IF11918 (last visited Mar. 19, 2023).
48 United States Department of Agriculture, ReConnect Program, https://www.usda.gov/reconnect/program-overview (last visited Mar.

19, 2023).
49 Id.
50 Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund, supra note 4447.
51 National Rural Electric Cooperatives Association, Broadband, https://www.electric.coop/issues-and-policy/broadband (last visited

Mar. 19, 2023).
52 Id.

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         policy and regulatory advocacy; communication, events, and education; and operations and technology
         support.53

         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.54

         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.55

         Confidentiality of Records Provided to the PSC

         Florida law provides public record exemptions for records received by the PSC which contain
         proprietary confidential business information.56 For records provided to the PSC under chapter 366,
         Florida Statutes, which includes the PSC’s authority to regulate pole attachments, a person must
         request and the PSC must find that such records contain proprietary confidential business information.
         For records provided to the PSC under chapter 364, F.S., a person need only claim that such records
         are proprietary confidential business information, with such claims subject to challenge at the PSC. 57

         Effect of the Bill

         The bill provides explicit authority for rural electric cooperatives in Florida to “engage in the provisions
         of broadband.” The bill defines this phrase to mean:
              Providing broadband service directly, through an affiliate, or pursuant to an agreement with a
                 third party; or
              Accepting broadband grant funding pursuant to the Florida Broadband Opportunity Program or
                 from any other federal or state program offering grants to expand broadband Internet service to
                 unserved areas of the state.


53 Cooperative.com, NRECA Broadb and, https://www.cooperative.com/topics/telecommunications-broadband/nreca-

broadband/Pages/default.aspx (last visited Mar. 19, 2023).
54 National Rural Electric Cooperatives Association, Along Those Lines: What It Takes for Electric Co-ops to Enter the Broadb and

Space, Jan 24, 2023, https://www.electric.coop/along-those-lines-what-it-takes-for-electric-co-ops-to-enter-the-broadband-space.
55 Senate Analysis of CS/SB 626 (2023), p. 15 (March 8, 2023), citing an email from Drew Love, Director of Government Affairs, Florida

Electric Cooperatives Association, to Senate Regulated Industries Staff (Mar. 6, 2023).
56
   See, e.g., ss. 366..093 and 364.183, F.S. For purposes of these exemptions, “proprietary confidential business information” means
information, regardless of form or characteristics, which is owned or controlled by the person or company, is intended to be and is
treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the
person’s or company’s business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of
a court or administrative body, or private agreement that provides that the information will not be released to the public. Proprietary
confidential business information includes, but is not limited to:
         Trade secrets.
         Internal auditing controls and reports of internal auditors.
         Security measures, systems, or procedures.
         Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the public utility or its
          affiliates to contract for goods or services on favorable terms.
         Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of
          the information.
         Employee personnel information unrelated to compensation, duties, qualifications, or responsibilities.
57 Id.
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         Under the bill, if a rural electric cooperative engages in the provision of broadband, all poles owned by
         the cooperative are subject to the PSC’s pole attachment regulations on the same basis as poles
         owned by investor-owned electric utilities. The PSC is granted access to the cooperative’s books and
         records to the limited extent necessary to exercise this authority. Upon request of the cooperative, the
         PSC must maintain the confidential or exempt status of any records it receives that are proprietary
         confidential business information under existing public records exemptions in chapter 366, F.S., (which
         specifies the PSC’s authority over attachments to investor-owned utility poles) or chapter 364, F.S.,
         (which, under the bill, extends the PSC’s authority to poles owned by rural electric cooperatives that
         provide broadband service).

         The bill provides that it may not be construed to impair the contract rights of a party to a valid pole
         attachment agreement in existence before July 1, 2023.

         The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:
        Section 1.        Creates s. 364.391, F.S., relating to rural electric cooperatives engaged in the provision
                          of broadband.

        Section 2.        Amends s. 425.04, F.S., relating to powers of rural electric cooperatives.

        Section 3.        Provides an effective date.




                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
             None.

        2. Expenditures:

             The bill may increase state government expenditures. However, the PSC has indicated that it can
             handle the expected increased workload within existing resources. 58

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
             None.

        2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         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.


58 Florida Public Service Com mission, Agency Analysis of 2023 HB 1221, p. 2 (Mar. 3, 2023).
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   D. FISCAL COMMENTS:
       None.


                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not Applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill does not authorize or require agency rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.



                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 29, 2023, the State Administration and Technology Appropriations Subcommittee adopted an
   amendment to the bill and reported the bill favorably as a committee substitute. The amendment:
       Clarified that the bill applies to a rural electric cooperative that engages in the provision of
         broadband, either directly, through an affiliate, or under agreement with a third party.
       Defined terms.
       Granted the PSC access to books and records of a rural electric cooperative and provides for the
         continued confidential treatment of certain records under existing public record exemptions.
       Provided that the bill may not be construed to impair the contract rights of a party to a valid pole
         attachment agreement in existence before July 1, 2023.

   This analysis is drafted to the committee substitute approved by the State Administration & Technology
   Appropriations Subcommittee.




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           CS/HB 1221                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to broadband Internet service
    3              providers; creating s. 364.391, F.S.; defining terms;
    4              specifying that the poles of rural electric
    5              cooperatives that are engaged in the provision of
    6              broadband are subject to regulation by the Public
    7              Service Commission; authorizing the commission to
    8              access the books and records of such cooperatives for
    9              specified purposes; providing that such information
10                 that contains proprietary confidential business
11                 information retains its confidential or exempt status
12                 when held by the commission; providing construction;
13                 amending s. 425.04, F.S.; authorizing rural electric
14                 cooperatives to engage in the provision of broadband;
15                 providing an effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                 Section 1.         Section 364.391, Florida Statutes, is created
20         to read:
21                 364.391        Rural electric cooperatives engaged in the
22         provision of broadband.-
23                 (1)         As used in this section, the term:
24                 (a)         "Affiliate" means an entity related through a parent
25         cooperative's controlling interest. The term includes a

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        CS/HB 1221                                                                                           2023




26      subsidiary or any other entity under common control with the
27      cooperative.
28              (b)         "Cooperative" means a rural electric cooperative
29      established pursuant to chapter 425.
30              (c)         "Engages in the provision of broadband" means an
31      entity that:
32              1.      Provides broadband service directly, through an
33      affiliate, or pursuant to an agreement with a third party; or
34              2.      Accepts broadband grant funding pursuant to s. 288.9962
35      or from any other federal or state program offering grants to
36      expand broadband Internet service to unserved areas of this
37      state.
38              (2)         If a cooperative engages in the provision of
39      broadband:
40              (a)         All poles owned by the cooperative are subject to
41      regulation under s. 366.04(8) on the same basis as if such
42      cooperative were a public utility under that subsection; and
43              (b)         The commission may access the books and records of
44      such cooperative to the limited extent necessary to perform its
45      functions and to exercise its authority under ss. 366.04(8) and
46      366.97(4). Upon request of the cooperative, any records the
47      commission receives under this paragraph which are proprietary
48      confidential business information under s. 364.183 or s. 366.093
49      shall retain their status as confidential or exempt from
50      disclosure under s. 119.07(1) and s. 24(a), Art. I of the State

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        CS/HB 1221                                                                                           2023




51      Constitution.
52              (3)         This section may not be construed to impair the
53      contract rights of a party to a valid pole attachment agreement
54      in existence before July 1, 2023.
55              Section 2.         Section 425.04, Florida Statutes, is amended to
56      read:
57              425.04        Powers.—A cooperative shall have all of the
58      following powers power:
59              (1)         To sue and be sued, in its corporate name.;
60              (2)         To have perpetual existence.;
61              (3)         To adopt a corporate seal and alter the same at
62      pleasure.;
63              (4)         To generate, manufacture, purchase, acquire,
64      accumulate and transmit electric energy, and to distribute,
65      sell, supply, and dispose of electric energy in rural areas to
66      its members, to governmental agencies and political
67      subdivisions, and to other persons not in excess of 10 percent
68      of the number of its members; to process, treat, sell, and
69      dispose of water and water rights; to purchase, construct, own
70      and operate water systems; to own and operate sanitary sewer
71      systems; and to supply water and sanitary sewer services.
72      However, a no cooperative may not shall distribute or sell any
73      electricity, or electric energy to any person residing within
74      any town, city, or area in which the person is receiving
75      adequate central station service or who at the time of

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         CS/HB 1221                                                                                           2023




 76      commencing such service, or offer to serve, by a cooperative, is
 77      receiving adequate central station service from any utility
 78      agency, privately or municipally owned individual partnership or
 79      corporation.;
 80              (5)         To make loans to persons to whom electric energy is or
 81      will be supplied by the cooperative for the purpose of, and
 82      otherwise to assist such person in, wiring their premises and
 83      installing therein electric and plumbing fixtures, appliances,
 84      apparatus and equipment of any and all kinds and character, and
 85      in connection therewith, to purchase, acquire, lease, sell,
 86      distribute, install and repair such electric and plumbing
 87      fixtures, appliances, apparatus and equipment, and to accept or
 88      otherwise acquire, and to sell, assign, transfer, endorse,
 89      pledge, hypothecate and otherwise dispose of notes, bonds and
 90      other evidences of indebtedness and any and all types of
 91      security therefor.;
 92              (6)         To make loans to persons to whom electric energy is or
 93      will be supplied by the cooperative for the purpose of, and
 94      otherwise to assist such persons in, constructing, maintaining
 95      and operating electric refrigeration plants.;
 96              (7)         To become a member in one or more other cooperatives
 97      or corporations or to own stock therein.;
 98              (8)         To construct, purchase, take, receive, lease as
 99      lessee, or otherwise acquire, and to own, hold, use, equip,
100      maintain, and operate, and to sell, assign, transfer, convey,

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         CS/HB 1221                                                                                           2023




101      exchange, lease as lessor, mortgage, pledge, or otherwise
102      dispose of or encumber, electric transmission and distribution
103      lines or systems, electric generating plants, electric
104      refrigeration plants, lands, buildings, structures, dams, plants
105      and equipment, and any and all kinds and classes of real or
106      personal property whatsoever, which shall be deemed necessary,
107      convenient or appropriate to accomplish the purpose for which
108      the cooperative is organized.;
109              (9)         To purchase or otherwise acquire; to own, hold, use
110      and exercise; and to sell, assign, transfer, convey, mortgage,
111      pledge, hypothecate, or otherwise dispose of or encumber,
112      franchises, rights, privileges, licenses, rights-of-way and
113      easement.;
114              (10)        To borrow money and otherwise contract indebtedness;
115      to issue notes, bonds, and other evidences of indebtedness
116      therefor; and to secure the payment thereof by mortgage, pledge,
117      deed of trust, or any other encumbrance upon any or all of its
118      then owned or after-acquired real or personal property, assets,
119      franchises, revenues or income.;
120              (11)        To construct, maintain, and operate electric
121      transmission and distribution lines along, upon, under and
122      across all public thoroughfares, including without limitation,
123      all roads, highways, streets, alleys, bridges and causeways, and
124      upon, under and across all publicly owned lands, subject,
125      however, to the requirements in respect of the use of such

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         CS/HB 1221                                                                                           2023




126      thoroughfares and lands that are imposed by the respective
127      authorities having jurisdiction thereof upon corporations
128      constructing or operating electric transmission and dist ribution
129      lines or systems.;
130              (12)        To exercise the power of eminent domain in the manner
131      provided by the laws of this state for the exercise of that
132      power by corporations constructing or operating electric
133      transmission and distribution lines or systems.;
134              (13)        To engage in the provision of broadband pursuant to
135      s. 364.391.
136              (14)        To conduct its business and exercise any or all of
137      its powers within or without this state.;
138              (15)(14)          To adopt, amend, and repeal bylaws.; and
139              (16)(15)          To do and perform any and all other acts and
140      things, and to have and exercise any and all other powers which
141      may be necessary, convenient or appropriate to accomplish the
142      purpose for which the cooperative is organized.
143              (17)        To promote economic development by providing, an
144      electric cooperative may provide any energy or nonenergy
145      services to its membership.
146              Section 3.         This act shall take effect July 1, 2023.




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CS/HB 1413
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1413 Health Care Expenses
SPONSOR(S): Healthcare Regulation Subcommittee, Tramont
TIED BILLS:       IDEN./SIM. BILLS: SB 268

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Healthcare Regulation Subcommittee                       15 Y, 0 N, As CS        Poche              McElroy

  2) Commerce Committee                                                               Lloyd              Hamon

  3) Health & Human Services Committee

                                           SUMMARY ANALYSIS
The United States spends more per person on health care than any other high-income country in the world and
spending has continued to increase over the past few decades.

Health care prices are a primary driver of health care spending. One study found that commercial health
spending per enrollee increased by 21.8% between 2015 and 2019. The rising prices of health care services
accounted for approximately two-thirds of that growth, with prices for prescription drugs, provider services
(e.g., physical examinations, screenings and procedures) and inpatient and outpatient care rising by 18.3%.

Medical costs can result in overwhelming debts to patients, and in some cases, bankruptcy. Nationwide, over
100 million have some form of medical debt. Four in ten U.S. adults have some form of health care debt. About
half of adults – including three in ten who do not currently have health care debt – are vulnerable to falling in
the debt, saying they would be unable to pay a $500 unexpected medical bill without borrowing money. While
about a third of adults with health care debt owe less than $1,000, even small amounts of debt can have
significant financial consequences for some.

CS/HB 1413 increases patient access to health care cost information, and offers a measure of protection from
unreasonable and burdensome medical debt. The various provisions apply to hospitals, ambulatory surgical
centers, health insurers, and HMOs. The bill brings provisions from recent federal law and regulation into state
law; in doing so, the bill requires compliance by facilities and insurers as a condition of state licensure, thus
ensuring that these provisions will be fully adopted and adequately enforced in Florida. Specifically, the bill:
    Requires hospitals and ambulatory surgical centers (ASCs) to post a consumer-friendly list of standard
        charges for at least 300 shoppable health care services on a facility website, consistent with federal
        rule.
    Requires hospitals and ambulatory surgical centers to automatically provide patients with personalized
        pre-treatment estimates on the costs of care within certain timeframes.
    Requires a health plan, upon receipt of a facility cost estimate, to develop an advanced explanation of
        benefits, in accordance with the federal No Surprises Act of 2020.
    Prohibits hospitals and ASCs from taking actions to collect medical debt in certain circumstances.
    Requires hospitals and ASCs to establish an internal grievance process for patients to dispute charges.
    Increases exemptions from attachment, garnishment, or other legal process to include a single motor
        vehicle and personal property of a debtor of a value up to $10,000 when debt is incurred as a result of
        medical services provided in a licensed hospital facility, and establishes a 3-year statute of limitations
        on bringing legal action to collect medical debt.
    Specifies that shared savings incentives offered by health plans are to be counted as medical expenses
        for rate development and rate filing purposes, consistent with recent federal regulations.

The bill does not have a fiscal impact on state or local government.

The bill provides an effective date of October 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1413b.COM
DATE: 4/6/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

          Background

          Health Care Spending

          Health spending in the United States has exploded in the last 50 years, totaling $74.1 billion in 1970,
          increasing to $1.4 trillion by 2000, then tripling in 2021 to $4.3 trillion. 1

          The United States spends more per person on health care than any other high-income country in the
          world and spending has continued to increase over the past few decades. Health spending per person
          in the U.S. was $12,914 in 2021, more than $5,000 greater than any other high-come nation.2




          The following chart illustrates the rate of growth in total national health expenditures per capita from
          1970 to 20213:




1 Peterson-Kaiser Family Foundation, Health System Tracker, Health Spending – How has U.S. spending on healthcare changed over

time?, February 7, 2023, available at https://healthsystemtracker.org/chart-collection/u-s-spending-healthcare-changed-time/ (last
viewed on March 23, 2023).
2 Peterson-Kaiser Family Foundation, Health System Tracker, Health Spending – How does health spending in the U.S. compare to

other countries?, February 9, 2023, available at https://healthsystemtracker.org/chart-collection/health-spending-u-s-compare-countries/
(last viewed on March 23, 2023). The average amount spent on health per person in comparable countries – $6,125 – is less than half
of what the U.S. spends.
3 Supra, FN 1.

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          Health care prices are a primary driver of health care spending. Between 1970 and 2019, total U.S.
          health care spending grew from 6.9 percent of GDP to 17.7 percent of GDP.4 The Organization for
          Economic Cooperation Development estimated that total spending in 2019 in member countries
          averaged 8.8 percent of GDP, compared with 16.8 percent in the U.S. 5 One study found that U.S.
          commercial health spending per enrollee increased by 21.8% between 2015 and 2019.6 The rising
          prices of health care services accounted for approximately two-thirds of that growth, with prices for
          prescription drugs, provider services (physical examinations, screenings and procedures) and
          inpatient and outpatient care rising by 18.3%.7 At the same time, increased service quantity accounted
          for nearly one-fifth of overall spending growth, as per capita use increased by only 3.6 percent. 8 The
          following chart details the factors contributing to the growth in spending, per capita, in the U.S.:9




4 Health Affairs, Research Brief – Considering Health Spending, The Role of Prices in Excess US Health Spending, June 9, 2022,

available at https://www.healthaffairs.org/do/10.1377/hpb20220506.381195/full/> (citing the Centers for Medicare and Medicaid
Services statistics at https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-
Reports/NationalHealthExpendData/NationalHealthAccountsProjected) (last viewed on March 23, 2023).
5 Id.
6 Health Care Cost Institute, 2019 Health Care Cost and Utilization Report, pg. 2, available at

https://healthcostinstitute.org/images/pdfs/HCCI_2019_Health_Care_Cost_and_Utilization _Report.pdf.
7 Id.
8 Supra, FN 4.
9 Id., pg. 6.

STORAGE NAME: h1413b.COM                                                                                                        PAGE: 3
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          Health Care Price Transparency

          The United States is experiencing significant changes in health care payment and delivery.
          Consumers bear a greater share of health care costs, and more participate in high deductible health
          plans. Clear, factual information about the cost and quality of health care is necessary for consumers
          to select value-driven health care options and for consumers and providers to be involved in and
          accountable for decisions about health and health care services. To promote consumer involvement,
          health care pricing and other data needs to be free, timely, reliable, and reflect individual health care
          needs and insurance coverage.

          Price transparency can refer to the availability of provider-specific information on the price for a
          specific health care service or set of services to consumers and other interested parties. 10 Price can be
          defined as an estimate of a consumer’s complete cost on a health care service or services that reflects
          any negotiated discounts; is inclusive of all costs to the consumer associated with a service or
          services, including hospital, physician, and lab fees; and, identifies a consumer’s out-of-pocket cost.11
          Further, price transparency can be considered "readily available information on the price of health care
          services that, together with other information, helps define the value of those services and enables
          patients and other care purchasers to identify, compare, and choose providers that offer the desired
          level of value."12 Indeed, the definition of the price or cost of health care has different meanings
          depending on who is incurring the cost.13



10 Government Accounting Office, Meaningful Price Information is Difficult for Consumers to Ob tain Prior to Receiving Care , September

2011, pg. 2, available at http://www.gao.gov/products/GAO-11-791.
11 Id.
12 Healthcare Financial Management Association, Price Transparency in Health Care: Report from the HFMA Price Transparency Task

Force, pg. 2, 2014, available at https://www.hfma.org/content/dam/hfma/document/policies_and_practices/PDF/22279.pdf.
13 Id.

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         As health care costs continue to rise, most health insurance buyers are asking their consumers to take
         on a greater share of their costs, increasing both premiums and out-of-pocket expenses. According to
         the Kaiser Family Foundation, more than one in five Americans with private insurance is enrolled in a
         high deductible health plan. Most covered workers face additional out-of-pocket costs when they use
         health care services, such as co-payments or coinsurance for physician visits and hospitalizations.
         Eighty-eight percent of covered workers have a general annual deductible14 for single coverage that
         must be met before most services are paid for by their health plan. 15

         Among covered workers with a general annual deductible, the average deductible amount for s ingle
         coverage is $1,763.16 Deductibles differ by firm size; for workers in plans with a deductible, the
         average deductible for single coverage is $2,543 in small firms, compared to $1,493 for workers in
         large firms.17 Sixty-one percent of covered workers in small firms are in a plan with a deductible of at
         least $1,000 for single coverage compared to 56 percent in large firms; a similar pattern exists for
         those in plans with a deductible of at least $2,000 (49 percent for small firms vs. 25 percent for large
         firms). The chart below shows the percent of workers enrolled in employer-sponsored insurance with
         an annual deductible of $1,000 or more for single coverage by employer size for 2009 through 2022.18




         Looking at the increase in deductible amounts over time does not capture the full impact for workers
         because the share of covered workers in plans with a general annual deductible also has increased
         significantly, from 59% in 2008 to 74% in 2011 to 88% in 2022. If we look at the change in deductible
         amounts for all covered workers (assigning a zero value to workers in plans with no deductible), we
         can look at the impact of both trends together. Using this approach, the average deductible for all
         covered workers in 2022 is $1,763, up nearly 100% from $883 in 2013 and over 400% from $433 in
         2008.

14 The term “general annual deductible” means a deductible wh ich applies to both medical and pharmaceutical benefits and which must

be met by the insured individual before most services are covered by the health plan.
15 The Henry J. Kaiser Family Foundation, 2022 Employer Health Benefits Survey, October 27, 2022, available at

https://www.kff.org/health-costs/report/2022-employer-health-benefits-survey/ (last viewed on March 23, 2023).
16 Id.
17 Id.
18 Id., figure 7.13.

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         From 2016 to 2022, the average premium for covered workers with family coverage increased 20%,
         while inflation totals just 11% over the same period; over the last ten years, the average premium rose
         43%, while inflation grew at 17% over the same time frame.19 The dramatic increases in the costs of
         health care in recent years have focused significant attention on the need for greater communication
         and transparency to inform individual health care choices.

                 National Price Transparency Studies

         To explore how expanding price transparency efforts could produce significant cost savings for the
         healthcare system, the Gary and Mary West Health Policy Center funded an analysis, “Healthcare
         Price Transparency: Policy Approaches and Estimated Impacts on Spending.” This report, conducted
         in collaboration with researchers from the Center for Studying Health System Change and RAND,
         found that implementation of three policy changes could save $100 billion over ten years.

                Provide personalized out-of-pocket expense information to patients and families before
                 receiving care.
                Provide prices to physicians through electronic health record systems when ordering treatments
                 and tests.
                Expand state-based all-payer health claims databases, which could save up to $55 billion by
                 collecting and providing data and analytics tools that supply quality, efficiency and cost
                 information to policy makers, employers, providers, and patients. 20

         The report specifically found that requiring all private health insurance plans to provide personalized
         out-of-pocket price data to enrollees would reduce total health spending by an estimated $18 billion
         over the 10-year period from 2014 to 2023.21

         As Americans take on more of their health care costs, research suggests that they are looking for
         more and better price information.22




19 Id.
20 White, C., Ginsburg, P., et al., Gary and Mary West Health Policy Center, Healthcare Price Transparency: Policy Approaches and

Estimated Impacts on Spending, May 2014, available at http://www.westhealth.org/wp-content/uploads/2015/05/Price-Transparency-
Policy-Analysis-FINAL-5-2-14.pdf.
21 Id., pg. 1.
22 Public Agenda and Robert Wood Johnson Foundation, How Much Will It Cost? How Americans Use Prices in Health Care, March

2015, page 34, available at https://www.publicagenda.org/reports/how-much-will-it-cost-how-americans-use-prices-in-health-care/.
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            One study in 2014, which included a survey of more than 2,000 adults from across the country, found
            that 56 percent of Americans actively searched for price information before obtaining health care,
            including 21 percent who compared the price of health care services across multiple providers. 23 The
            chart below illustrates the finding that, as a consumer's health plan deductible increases, the
            consumer is more likely to seek out price information.24




            The individuals who compared prices stated that such research affected their health care choices and
            saved them money.25 In addition, the study found that most Americans do not equate price with quality
            of care. Seventy-one percent do not believe higher price reflects higher level care quality and 63
            percent do not believe that lower price is indicative of lower level care quality. 26 Consumers enrolled in
            high-deductible and consumer-directed health plans are more price-sensitive than consumers with
            plans that have much lower cost-sharing obligations. Accordingly, these consumers find an estimate of
            their individual out-of-pocket costs more useful than any other kind of health care price transparency
            tool.27 Another study found that when they have access to well-designed reports on price and quality,
            80 percent of health care consumers will select the highest value health care provider. 28

                      Florida Price Transparency: Florida Patient's Bill of Rights and Responsibilities

            In 1991, the Legislature enacted the Florida Patient’s Bill of Rights and Responsibilities (Patient’s Bill
            of Rights).29 The statute established the right of patients to expect medical providers to observe
            standards of care in providing medical treatment and communicating with their patients.30 The
            standards of care include, but are not limited to, the following aspects of medical treatment and patient
            communication:

                     Individual dignity;
                     Provision of information;
                     Financial information and the disclosure of financial information;
                     Access to health care;
                     Experimental research; and

23 Id., pg. 3.
24 Id., pg. 13.
25 Id., pg. 4.
26 Supra, FN 14.
27 American Institute for Research, Consumer Beliefs and Use of Information Ab out Health Care Cost, Resource Use, and Value ,

Robert Wood Johnson Foundation, October 2012, pg. 4, available at
https://www.rwjf.org/content/dam/farm/reports/issue_briefs/2012/rwjf402126 .
28 Hibbard, JH, et al., An Experiment Shows That a Well-Designed Report on Costs and Quality Can Help Consumers Choose High-

Value Health Care, Health Affairs 2012; 31(3): 560-568.
29 S. 1, Ch. 91-127, Laws of Fla. (1991); s. 381.026, F.S.
30 S. 381.026(3), F.S.

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                    Patient’s knowledge of rights and responsibilities.

             A patient has the right to request certain financial information from health care providers and
             facilities.31 Specifically, upon request, a health care provider or health care facility must provide a
             person with a reasonable estimate of the cost of medical treatment prior to the provision of treatment. 32
             Estimates must be written in language “comprehensible to an ordinary layperson.” 33 The reasonable
             estimate does not preclude the health care provider or health care facility from exceeding the estimate
             or making additional charges as the patient’s needs or medical condition warrant. 34 A patient has the
             right to receive a copy of an itemized bill upon request and to receive an explanation of charges upon
             request.35

             Currently, under the Patient’s Bill of Rights financial information and disclosure provisions:

                    A request is necessary before a health care provider or health care facility must disclose to a
                     Medicare-eligible patient whether the provider or facility accepts Medicare payment as full
                     payment for medical services and treatment rendered in the provider’s office or health care
                     facility.
                    A request is necessary before a health care provider or health care facility is required to furnish
                     a person an estimate of charges for medical services before providing the services. The Florida
                     Patient’s Bill of Rights and Responsibilities does not require that the components making up the
                     estimate be itemized or that the estimate be presented in a manner that is easily understood by
                     an ordinary layperson.
                    A licensed facility must place a notice in its reception area that financial information related to
                     that facility is available on the website of the Agency for Health Care Administration (AHCA).
                    The facility may indicate that the pricing information is based on a compilation of charges for the
                     average patient and that an individual patient’s charges may vary.
                    A patient has the right to receive an itemized bill upon request.

             Health care providers and health care facilities are required to make available to patients a summary
             of their rights. The applicable regulatory board or Agency may impose an administrative fine when a
             provider or facility fails to make available to patients a summary of their rights.36

             The Patient’s Bill of Rights also authorizes, but does not require, primary care providers 37 to publish a
             schedule of charges for the medical services offered to patients. 38 The schedule must include certain
             price information for at least the 50 services most frequently provided by the primary care provider. 39
             The law also requires the posting of the schedule in a conspicuous place in the reception area of the
             provider’s office and at least 15 square feet in size.40 A primary care provider who publishes and
             maintains a schedule of charges is exempt from licensure fees for a single renewal of a professional
             license and from the continuing education requirements for a single 2-year period.41

             The law also requires urgent care centers to publish a schedule of charges for the medical services
             offered to patients.42 This applies to any entity that holds itself out to the general public, in any manner,
             as a facility or clinic where immediate, but not emergent, care is provided, expressly including offsite
             facilities of hospitals or hospital-physician joint ventures; and licensed health care clinics that operate

31 S. 381.026(4)(c), F.S.
32
     S. 381.026(4)(c)3., F.S.
33 Id.
34 Id.
35 S. 381.026(4)(c)5., F.S.
36 S. 381.0261, F.S.
37 S. 381.026(2)(d), F.S., defines primary care providers to include allopathic physicians, osteopathic physicians, and nurses w ho

provide medical services that are commonly provided without referral from anothe r health care provider, including family and general
practice, general pediatrics, and general internal medicine.
38 S. 381.026(4)(c)3., F.S.
39 Id.
40 Id.
41 S. 381.026(4)(c)4., F.S.
42 S. 395.107(1), F.S.

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             in three or more locations. The schedule requirements for urgent care centers are the same as those
             established for primary care providers.43 The schedule must describe each medical service in
             language comprehensible to a layperson. This provision prevents a center from using medical or
             billing codes, Latin phrases, or technical medical jargon as the only description of each medical
             service. An urgent care center that fails to publish and post the schedule of charges is subject to a fine
             of not more than $1,000 per day (until the schedule is published and posted). 44

                    Florida Price Transparency: Health Care Facilities

             Under s. 395.301, F.S., a health care facility45 must provide, within 7 days of a written request, a good
             faith estimate of reasonably anticipated charges for the facility to treat the patient’s condition. Upon
             request, the facility must also provide revisions to the estimate. The estimate may represent the
             average charges for that diagnosis related group46 or the average charges for that procedure. The
             facility is required to place a notice in the reception area that this information is available. A facility that
             fails to provide the estimate as required may be fined $500 for each instance of the facility’s failure to
             provide the requested information.

             Also pursuant to s. 395.301, F.S., a licensed facility must notify each patient during admission and at
             discharge of his or her right to receive an itemized bill upon request. If requested, within 7 days of
             discharge or release, the licensed facility must provide an itemized statement, in language
             comprehensible to an ordinary layperson, detailing the specific nature of charges or expenses incurred
             by the patient. This initial bill must contain a statement of specific services received and expenses
             incurred for the items of service, enumerating in detail the constituent components of the services
             received within each department of the licensed facility and including unit price data on rates charged
             by the licensed facility. The patient or patient’s representative may elect to receive this level of detail in
             subsequent billings for services.

             Current law also directs these health care facilities to publish information on their websites detailing
             the cost of specific health care services and procedures, as well as information on financial assistance
             that may be available to prospective patients. The facility must disclose to the consumer that these
             averages and ranges of payments are estimates, and that actual charges will be based on the
             services actually provided.47 Under s. 408.05, F.S., AHCA contracts with a vendor to collect and
             publish this cost information to consumers on an internet site.48 Hospitals and other facilities post a link
             to this site - https://pricing.floridahealthfinder.gov/ - to comply with the price transparency
             requirements. The cost information is searchable, and based on descriptive bundles of commonly
             performed procedures and services. The information must, at a minimum, provide the estimated
             average payment received and the estimated range of payment from all non-governmental payers for
             the bundles available at the facility.49

             The law also establishes the right of a patient to request a personalized estimate on the costs of care
             from health care practitioners who provide services in a licensed hospital facility or ambulatory surgical
             center.50

             Federal Price Transparency Laws and Regulations



43
     S. 395.107(2), F.S.
44 S. 395.107(6), F.S.
45 The term "health care facilities" refers to hospitals and ambulatory surgical centers, which are licensed under part I of Chapter 39 5,

F.S.
46 Diagnosis related groups (DRGs) are a patient classification scheme which provides a means of relating the type of patie nts a

hospital treats (i.e., its case mix) to the costs incurred by the hospital. DRGs allow facilities to categorize patients base d on severity of
illness, prognosis, treatment difficulty, need for intervention and resource intensity. For more information , see
https://www.cms.gov/icd10m/version37-fullcode-
cms/fullcode_cms/Design_and_development_of_the_Diagnosis_Related_Group_(DRGs).pdf.
47 S. 395.301, F.S.
48 S. 408.05(3)(c), F.S.
49 Id.
50 S. 456.0575(2), F.S.

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         Congress and federal regulatory agencies recently took steps to improve the quantity and quality of
         health care cost information available to patients.

                Hospital Facility Transparency

         On November 15, 2019, the federal Centers for Medicare & Medicaid Services (CMS) finalized
         regulations 51 changing payment policies and rates for services furnished to Medicare beneficiaries in
         hospital outpatient departments. In doing so, CMS also established new requirements for hospitals to
         publish standard charges for a wide range of health care services offered by such facilities.
         Specifically, the regulations require hospitals to make public both a machine-readable file of standard
         charges and a consumer-friendly presentation of prices for at least 300 shoppable health care
         services. The regulations became effective on January 1, 2021.52

         The regulations define a shoppable service as one that can be scheduled in advance, effectively
         giving patients the opportunity to select the venue in which to receive the service. This is a more
         expansive designation of shoppable services than currently exists in Florida law. For each shoppable
         service, a hospital must disclose several pricing benchmarks to include:

               The gross charge;
               The payer-specific negotiated charge;
               A de-identified minimum negotiated charge;
               A de-identified maximum negotiated charge; and,
               The discounted cash price.

         This information should provide a patient with both a reasonable point estimate of the charge for a
         shoppable service, and also a range in which the actual charge can be expected to fall.

         The penalty for facility noncompliance under the federal regulations is a maximum fine of $300 per
         day.53 Very early indications suggest that there are varying levels of compliance with the new rules
         among hospital facilities.54

                Health Insurer Transparency

         On October 29, 2020, the federal Departments of Health and Human Services, Labor, and Treasury
         finalized regulations 55 imposing new transparency requirements on issuers of individual and group
         health insurance plans.

                         Estimates

         Central to the new regulations is a requirement for health plans to provide an estimate of an insured's
         cost-sharing liability for covered items or services furnished by a particular provider. Under the final
         rule, health insurance plans must disclose cost-sharing estimates at the request of an enrollee and
         publicly release negotiated rates for in-network providers, historical out-of-network allowed amounts
         and billed charges, and drug pricing information. The rule’s goal is to enable insured patients to
         estimate their out-of-pocket costs before receiving health care to encourage shopping and price
         competition amongst providers.56


51 Medicare and Medicaid Programs: CY 2020 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical

Center Payment System Policy Changes and Payment Rates. Price Transparency Requirements for Hospitals to Make Standard
Charges Public, 84 FR 65524 (November 27, 2019)(codified at 45 CFR Part 180).
52 Id.
53 Supra, FN 42.
54 ADVI, “Implementation of Newly Enacted Hospital Price Transparency,” available at

https://advi.com/analysis/Hospital_Transparency_-_ADVI_Summary.pdf.
55 Transparency in Coverage, 85 FR 73158 (November 12, 2020)(codified at 29 CFR Part 54, 29 CFR Part 2590, 45 CFR Part 147, and

45 CFR Part 158).
56 Trump Administration Finalizes Transparency Rule for Health Insurers," Health Affairs Blog, November 1, 2020. Available at

https://www.healthaffairs.org/do/10.1377/hblog20201101.662872/full/ (last accessed on March 23, 2023).
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          Each health plan will be required to establish an online shopping tool that will allow insureds to see the
          negotiated rate between their provider and their plan, as well as a personalized estimate of their out-
          of-pocket cost for 500 of the most shoppable items and services. This requirement is scheduled to
          take effect on January 1, 2023. Beginning in 2024, health plans will need to provide personalized cost-
          sharing information to patients across the full range of covered health care services. 57

                           Medical Loss Ratio

          The regulations also clarify the treatment of shared savings expenses under medical loss ratio (MLR)
          calculations required by the Patient Protection and Affordable Care Act (PPACA). MLR refers to the
          percentage of insurance premium payments that are actually spent on medical claims by an insurer. In
          general, MLR requirements are intended to promote efficiency among insurers. 58 The PPACA
          established minimum MLR requirements for group and individual health insurance plans. 59 Under the
          PPACA, large group plans must dedicate at least 85 percent of premium payments to medical claims,
          while small group and individual market plans must dedicate at least 80 percent of premium payments
          to medical claims.60 Further, the law requires a health plan that does not meet these standards to
          provide annual rebates to individuals enrolled in the plan. 61

          The regulations finalized in October 2020 specify that expenses by a health plan in direct support of a
          shared savings program shall be counted as medical expenditures. 62 Thus, a health plan providing
          shared savings to members will receive an equivalent credit towards meeting the MLR standards
          established by PPACA. In theory, this policy should provide an additional incentive for insurers who
          have not already done so to adopt shared savings programs.

                   The Federal No Surprises Act

          On December 27, 2020, Congress enacted the No Surprises Act as part of the Consolidated
          Appropriations Act of 2021.63 The No Surprises Act includes a wide-range of provisions aimed at
          protecting patients from surprise billing practices and ensuring that patients have access to accurate
          information about the costs of care. Most sections of the Act go into effect on January 1, 2022, and the
          Departments of Health and Human Services, Treasury, and Labor are tasked with issuing regulations
          and guidance to implement a number of the provisions. 64

                           Estimates – Facilities

          In the realm of price transparency, the No Surprises Act establishes the concept of an “advanced
          explanation of benefits” that combines information on charges provided by a hospital facility with
          patient-specific cost information supplied by a health insurance plan. The process is triggered when a
          patient schedules a service at a hospital facility or requests cost information on a specific set of
          services. A hospital facility must share a “good faith estimate” of the total expected charges for
          scheduled items or services, including any expected ancillary services, with a health plan (if the patient
          is insured) or individual (if the patient is uninsured).65

                           Estimates – Health Plans

          Once the “good faith estimate” has been shared with a patient’s health plan, the plan must then
          develop a more detailed and “advanced explanation of benefits”. This personalized cost estimate must
          include the following:

57 Supra, FN 51.
58 “Explaining Health Care Reform: Medical Loss Ratio (MLR)”, Henry J Kaiser Family Foundation, February 29, 2012. Available at

https://www.kff.org/health-reform/fact-sheet/explaining-health-care-reform-medical-loss-ratio-mlr/ (last accessed on March 23, 2023).
59 PPACA s. 1001; 42 U.S.C. 300gg-18.
60 Supra note 51.
61 Id.
62 45 CFR Part 158.
63 PL 116-260. The No Surprises Act is found in Division BB of the Act.
64 Id.
65 PL 116-260, Division BB, Section 112.

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                   An indication of whether the facility participates in the patient’s health plan network. If the facility
                    is non-participating, information on how the patient can receive services from a participating
                    provider;
                   The good-faith estimate prepared by the hospital facility based on billing/diagnostic codes;
                   A good-faith estimate of the amount to be covered by the health plan;
                   A good-faith estimate of the amount of the patient’s out-of-pocket costs;
                   A good-faith estimate of the accrued amounts already met by the patient towards any deductible
                    or out-of-pocket maximum under the patient’s health plan;
                   A disclaimer indicating whether the services scheduled are subject to medical management
                    techniques (i.e., medical necessity determinations, prior authorization, step therapy, etc.); and,
                   A disclaimer that the information provided is only an estimate of costs and may be subject to
                    change.66

            Furthermore, the Act directs the Secretary of Health and Human Services (HHS) to establish by
            January 1, 2022, a “patient-provider dispute resolution process” to resolve any disputes concerning
            bills received by uninsured individuals that substantially differ from a provider’s good faith estimate
            provided prior to the service being rendered.67

            The new requirements placed on hospitals and health plans by the No Surprises Act are cumulatively
            intended to provide patients with increased certainty about the total and out-of-pocket costs associated
            with health care services. In turn, patients may be more equipped to seek out cost-effective care and
            avoid unforeseen costs that can lead to
            financial strain.

            Many hospitals do not comply with the federal transparency requirement. A 2021 review of more than
            3,500 hospitals found that 55 percent of hospitals were not compliant with the rule and had not posted
            price information for commercial plans or had not posted any prices at all. 68 Further, an August 2022
            review of 2,000 hospitals found that 16 percent with all transparency requirements. 69 Nearly 84 percent
            of hospitals failed to post machine-readable files containing standard charges, and roughly 78 percent
            of hospitals did not provide a consumer-friendly shoppable services display.70 Another review of more
            than 6,400 hospitals showed wide-spread non-compliance with the federal transparency rule- more
            than 63 percent of hospitals are not complying.71 According to that review, only 38 percent of Florida
            hospitals are in compliance.72

            Medical Debt

            Medical costs can result in overwhelming debts to patients, and in some cases, bankruptcy.
            Nationwide, over 100 million have some form of medical debt. 73 A 2007 study suggested that illness
            and medical bills contributed to 62.1 percent of all personal bankruptcies filed in the U.S. during that
            year.74 A more recent analysis, which considered only the impact of hospital charges, found that 4

66
     PL 116-260, Division BB, Section 111.
67 Supra note 59.
68 John Xuefeng Jiang, et al., Factors associated with compliance to the hospital price transparency final rule: A national land scape

study, Journal of General Internal Medicine (2021), available at https://link.springer.com/article/10.1007/s11606-021-07237-y (last
viewed on March 10, 2023).
69
   Patients’ Rights Advocates, Third semi-annual hospital transparency compliance report, 2022, available at
https://www,patientrightsadvocates.org/august-semi-annual-compliance-report-2022.
70 Id.
71 Foundation for Government Accountability, How America’s Hospitals Are Hiding the Cost of Health Care, pg. 3, August 2022,

available at https://www.TheFGA.org/paper/americas -hospitals-are-hiding-the-cost-of-health-care. (last viewed on March 10, 2023).
Only two hospitals to date have been fined for noncompliance with the transparency rule, both of which are in Georgia’s North side
Hospital System.
72 Id., pg. 4.
73 Kaiser Health News, Diagnosis: Deb t – 100 Million People in America Are Saddled with Health Care Deb t, June 16, 2022, available

at https://khn.org/news/article/diagnosis-debt-investigation-100-million-americans-hidden-medical-debt/ (last viewed on March 23,
2023).
74 David U. Himmelstein, et al. “Medical Bankruptcy in the United States, 2007: Results of a National Study.” American Journal of

Medicine 2009; 122: 741-6. Available at https://www.amjmed.com/article/S0002-9343(09)00404-5/abstract.
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          percent of U.S. bankruptcies among non-elderly adults resulted from hospitalizations.75 Four in ten
          U.S. adults have some form of health care debt.76 About half of adults – including three in ten who do
          not currently have health care debt – are vulnerable to falling in the debt, saying they would be unable
          to pay a $500 unexpected medical bill without borrowing money.77 While about a third of adults with
          health care debt owe less than $1,000, even small amounts of debt can have significant financial
          consequences for some.78 Though a third of those with current debt expect to pay it off within a year
          and about a quarter expect to pay it within one to two years, nearly one in five adults with health care
          debt think they will never be able to pay it off.79




          Even when medical costs do not result in personal bankruptcy, they often weigh heavily on the
          financial health of patients and their families. According to the Kaiser Family Foundation, about a
          quarter of U.S. adults ages 18-64 say they or someone in their household had problems paying or an
          inability to pay medical bills in the past 12 months. 80 About three in ten survey respondents reported
          medical debt of $5,000 or more, with 13 percent of respondents indicating medical debt in excess of
          $10,000. Even patients with lower amounts of medical debt reported that the outstanding bills led to
          financial distress, in light of other financial commitments and/or limited income. 81

          Among those who reported problems paying medical bills, 66 percent said the bills were the result of a
          one-time or short-term medical expense such as a hospital stay or an accident, while 33 percent cited
          bills for treatment of chronic conditions that have accumulated over time. Respondents to the Kaiser


75 Carlos Dobkin, et al. “Myth and Measurement: The Case of Medical Bankruptcies.” New England Journal of Medicine 2018;

378:1076-1078. Available at https://www.nejm.org/doi/full/10.1056/NEJMp1716604.
76 Lopes, L., Kearney, A., et al, Health Care Deb t in the U.S.: The Broad Consequences of Medical and Dental Bills, June 16, 2022

(using results from the Kaiser Family Foundation Health Care Debt Survey), available at https://www.kff.org/health-costs/report/kff-
health-care-debt-survey/ (last viewed on March 12, 2023).
77 Id.
78 Id.
79 Id.
80 The Henry J. Kaiser Family Foundation, “The Burden of Medical Deb t: Results from the Kaiser Family Foundation/New York Times

Medical Bills Survey.” January 5, 2016. Available at https://www.kff.org/health-costs/report/the-burden-of-medical-debt-results-from-the-
kaiser-family-foundationnew-york-times-medical-bills-survey/.
81 Id.

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            survey reported a wide range of illnesses and injuries that led to an accumulation of medical debt. The
            largest share (36 percent) named a specific disease, symptom, or condition like heart disease or
            gastrointestinal problems, followed by issues related to chronic pain or injuries (16 percent), accidents
            and broken bones (15 percent), surgery (10 percent), dental issues (10 percent), and infections like
            pneumonia and flu (9 percent).82 The following illustration provides additional detail on the type of
            medical services that led to an accumulation of medical debt. 83

            More than two thirds of hospitals sue or take other legal action against patients with outstanding bills.
            Nearly 25 percent sell patient medical debt to collection agencies, who in turn can pursue patients for
            years to collect on unpaid bills. Further, 1 in 5 providers deny nonemergency care to people with
            outstanding medical debt.

            Recognizing the inherent difficulties associated with medical debt, the major credit rating companies
            recently agreed to exclude from an individual’s credit report medical debts that have been paid off and
            unpaid medical debts less than $500.

                        Personal Credit Rating

            When a person first takes out a line of credit as an individual—a first credit card or a loan to pay for
            college, for example—this begins a personal credit history and the process of building a personal
            credit score. This score is linked to a person’s Social Security Number.

            From then on, the score reflects one’s personal financial history. If a person always pays bills on time,
            does not use too much of the available credit at once, and avoids negative information like
            foreclosures and charge-offs, the person will develop a good personal credit score, also known as a
            FICO score. If, instead, one carries a balance on lines of credit, fails to develop a diverse mix of credit
            sources—different credit cards, an automobile loan, and a mortgage, for example—and accrues many
            “hard inquiries” on your credit score (which occurs when upon application for a new source of credit),
            the FICO score will be low. Personal credit scores generally range 350-800 with 800 being a “perfect”
            score.

            Effective July 1, 2022, the three largest credit reporting agencies, Equifax, Experian, and TransUnion,
            starting removing medical debt remarks from millions of credit reports, which will eliminate an
            estimated 70 percent of negative medical debt remarks. Further actions include:
                       Paid medical debt that was in collections will no longer be included on consumer credit reports.
                       Unpaid medical debt that is currently in collections for one year will be reported on credit
                        reports. This is an increase from six months that was enacted in 2017.
                       Starting in 2023, medical debt in collections under $500 will not appear on credit reports.

            In 2018-2020, more than a quarter of the nation’s largest hospitals and health systems pursued nearly
            39,000 legal actions regarding consumer medical debt.84

            Medical Debt Collection Process

            Current law provides a court process for the collection of lawful debts, including medical debts. A
            creditor may sue a debtor and, if the creditor prevails, the creditor may receive a final judgment
            awarding monetary damages. If the debtor does not voluntarily pay the judgment, the creditor has
            several legal means to collect on the debt, including:



82 Id.
83 Id., figure 4.

84 Using data from Johns Hopkins University,   study authors analyzed the top 100 hospitals in the U.S. (by revenue) to
measure debt collection methods and frequency, average charges markups and billing scores, and compare that data to
safety grades and charity care ratings, by hospital type (government, nonprofit and for-profit). See, “How America’s top
hospitals hound patients with predatory billing”, July 2021, available at https://www.axios.com/hospital-billing (last viewed
on March 26, 2023). Twelve Florida hospitals were included in the analysis, with a wide range of scores in each category.
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                      Wage garnishment.
                      Garnishment of money in a bank account.
                      Directing the sheriff to seize assets, sell them, and give the proceeds to the creditor.

             In order to protect debtors from being destitute, current law provides that certain property is exempt
             from being taken by a creditor. The Florida Constitution provides that the debtor's homestead and
             $1,000 of personal property is exempt.85 Statutory law provides numerous categories of exempt
             property, and federal statutory law also provides certain exemptions that apply in all of the states.86

             In addition to the protection from creditors contained in the Florida Constitution, chapter 222, F.S.,
             protects other personal property from certain claims of creditors and legal process: garnishment of
             wages for a head of family;87 proceeds from life insurance policies;88 wages or unemployment
             compensation payments due certain deceased employees; 89 disability income benefits;90 assets in
             qualified tuition programs; medical savings accounts; Coverdell education savings accounts; hurricane
             savings accounts;91 $1,000 interest in a motor vehicle; professionally prescribed health aids; certain
             refunds or credits from financial institutions; and $4,000 interest in personal property, if the debtor
             does not claim or receive the benefits of a homestead exemption under the State Constitution. 92

             Bankruptcy is a means by which a person's assets are liquidated in order to pay the person's debts
             under court supervision. The United States Constitution gives Congress the right to uniformly govern
             bankruptcy law.93 Bankruptcy courts are operated by the federal government. A debtor (the bankrupt
             person) is not required to give up all of his or her assets in bankruptcy. Certain property is deemed
             "exempt" from the bankruptcy case, and may be kept by the debtor without being subject to creditor
             claims. The Bankruptcy Code provides for exempt property in a bankruptcy case. 94 In general, a
             debtor may choose to utilize the exempt property listing in state law or the exempt property of the
             Bankruptcy Code. However, federal law allows a state to opt-out of the federal law and thereby insist
             that debtors only utilize state law exemptions.95 Florida, like most states, has made the opt-out election
             to prohibit the use of the federal exemptions and require that debtors may only use state law
             exemptions.96

             Statutes of Limitations

             A statute of limitations bars a lawsuit’s filing after a certain amount of time elapses following an
             injury.97 This time period typically begins to run when a cause of action accrues (that is, on the date of
             the injury), but may also begin to run on the date the injury is discovered or on which it would have
             been discovered with reasonable efforts.98 In other words, a statute of limitations bars the available
             civil remedy if a lawsuit is not timely filed after an injury.

             Chapter 95, F.S., contains the bulk of Florida’s statutes of limitations. Specifically, s. 95.11, F.S.,
             details a variety of statutes of limitation for legal actions other than for recovery of real property. Some
             of the limitations require legal actions to be commenced as follows:
                      WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this
                       state.99

85 Art. X, s. 4(a), Fla. Const.
86 For example, the federal ERISA law provides that most retirement plans are exem pt from creditor claims.
87
     S. 222.11, F.S.
88 S. 222.13, F.S.
89 S. 222.15, F.S.
90 S. 222.18, F.S.
91 S. 222.22, F.S.
92 S. 222.25, F.S.
93 Art. 1, s. 8, cl. 4, U.S. Const.
94 11 U.S.C. s. 522.
95 11 U.S.C. s. 522(b).
96 S. 222.20, F.S.
97 Legal Information Institute, Statute of Limitations, https://www.law.cornell.edu/wex/statute_of_limitations (last visited March 23, 2023).
98 Id.
99 S. 95.11(1), F.S.

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                   WITHIN FIVE YEARS.—
                       o An action on a judgment or decree of any court, not of record, of this state or any court
                          of the United States, any other state or territory in the United States, or a foreign
                          country.
                       o A legal or equitable action on a contract, obligation, or liability founded on a written
                          instrument, except for an action to enforce a claim against a payment bond, which shall
                          be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10),
                          s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment
                          governed by paragraph (5)(h).
                       o An action to foreclose a mortgage.
                       o An action alleging a willful violation of s 448.110.
                       o Notwithstanding paragraph (b), an action for breach of a property insurance contract,
                          with the period running from the date of loss.100
                   WITHIN FOUR YEARS.—
                       o An action founded on negligence.
                       o An action relating to the determination of paternity, with the time running from the date
                          the child reaches the age of majority.
                       o An action founded on the design, planning, or construction of an improvement to real
                          property, with the time running from the date of actual possession by the owner, the
                          date of the issuance of a certificate of occupancy, the date of abandonment of
                          construction if not completed, or the date of completion of the contract or termination of
                          the contract between the professional engineer, registered architect, or licensed
                          contractor and his or her employer, whichever date is latest, with some exceptions.
                       o An action to recover public money or property held by a public officer or employee, or
                          former public officer or employee, and obtained during, or as a result of, his or her
                          public office or employment.
                       o An action for injury to a person founded on the design, manufacture, distribution, or sale
                          of personal property that is not permanently incorporated in an improvement to real
                          property, including fixtures.
                       o An action founded on a statutory liability.
                       o An action for trespass on real property.
                       o An action for taking, detaining, or injuring personal property.
                       o An action to recover specific personal property.
                       o A legal or equitable action founded on fraud.
                       o A legal or equitable action on a contract, obligation, or liability not founded on a written
                          instrument, including an action for the sale and delivery of goods, wares, and
                          merchandise, and on store accounts.
                       o An action to rescind a contract.
                       o An action for money paid to any governmental authority by mistake or inadvertence.
                       o An action for a statutory penalty or forfeiture.
                       o An action for assault, battery, false arrest, malicious prosecution, malicious
                          interference, false imprisonment, or any other intentional tort, except as provided in
                          subsections (4), (5), and (7).
                       o Any action not specifically provided for in these statutes.
                       o An action alleging a violation, other than a willful violation, of s. 448.110.101
                   WITHIN TWO YEARS.—
                       o An action for professional malpractice, other than medical malpractice, whether founded
                          on contract or tort; provided that the period of limitations shall run from the time the
                          cause of action is discovered or should have been discovered with the exercise of due
                          diligence.
                       o An action for medical malpractice shall be commenced within 2 years from the time the
                          incident giving rise to the action occurred or within 2 years from the time the incident is
                          discovered, or should have been discovered with the exercise of due diligence;
                          however, in no event shall the action be commenced later than 4 years from the date of

100 S. 95.11(2), F.S.
101 S. 95.11(3), F.S.

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                          the incident or occurrence out of which the cause of action accrued, except that this 4-
                          year period shall not bar an action brought on behalf of a minor on or before the child’s
                          eighth birthday, providing for an extension in certain circumstances.
                       o An action to recover wages or overtime or damages or penalties concerning payment of
                          wages and overtime.
                       o An action for wrongful death.
                       o An action founded upon a violation of any provision of chapter 517, with the period
                          running from the time the facts giving rise to the cause of action were discovered or
                          should have been discovered with the exercise of due diligence, but not more than 5
                          years from the date such violation occurred.
                       o An action for personal injury caused by contact with or exposure to phenoxy herbicides
                          while serving either as a civilian or as a member of the Armed Forces of the United
                          States during the period January 1, 1962, through May 7, 1975; the period of limitations
                          shall run from the time the cause of action is discovered or should have been
                          discovered with the exercise of due diligence.
                       o An action for libel or slander.102
                   WITHIN ONE YEAR.—
                       o An action for specific performance of a contract.
                       o An action to enforce an equitable lien arising from the furnishing of labor, services, or
                          material for the improvement of real property.
                       o An action to enforce rights under the Uniform Commercial Code—Letters of Credit,
                          chapter 675.
                       o An action against any guaranty association and its insured, with the period running from
                          the date of the deadline for filing claims in the order of liquidation.
                       o Except for actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), an action
                          to enforce any claim against a payment bond on which the principal is a contractor,
                          subcontractor, or sub-subcontractor as defined in s. 713.01, for private work as well as
                          public work, from the last furnishing of labor, services, or materials or from the last
                          furnishing of labor, services, or materials by the contractor if the contractor is the
                          principal on a bond on the same construction project, whichever is later.
                       o Except for actions described in subsection (8), a petition for extraordinary writ, other
                          than a petition challenging a criminal conviction, filed by or on behalf of a prisoner as
                          defined in s. 57.085.
                       o Except for actions described in subsection (8), an action brought by or on behalf of a
                          prisoner, as defined in s. 57.085, relating to the conditions of the prisoner’s
                          confinement.
                       o An action to enforce a claim of a deficiency related to a note secured by a mortgage
                          against a residential property that is a one-family to four-family dwelling unit. The
                          limitations period shall commence on the day after the certificate is issued by the clerk
                          of court or the day after the mortgagee accepts a deed in lieu of foreclosure. 103

         Effect of Proposed Changes

          CS/HB 1413 increases patient access to health care cost information, and offers a measure of
          protection from unreasonable and burdensome medical debt. The various provisions apply to hospitals,
          ambulatory surgical centers, health insurers, and HMOs. The bill brings provisions from recent federal
          law and regulation into the Florida Statutes; in doing so, the bill requires compliance by facilities and
          insurers as a condition of state licensure, thus ensuring that these provisions will be fully adopted and
          adequately enforced in Florida.104

          Facility Price Transparency

          Facility Billing Estimates

102 S. 95.11(4), F.S.
103 S. 95.11(5), F.S.
104 SS. 395.003, 395.301, 408.802, 624.401, and 641.22, F.S.

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         The bill requires that all patients receive cost-of-care information prior to receiving scheduled,
         nonemergency treatment in hospitals and ambulatory surgical centers, and from physicians providing
         services in those facilities.

         At present, licensed facilities are required to provide a customized estimate of “reasonably anticipated
         charges” to a patient for treatment of the patient’s specific condition, upon request of the patient. The
         bill makes these personalized estimates mandatory, rather than dependent on patient requests. A
         facility must submit the estimate of charges to a patient’s health plan at least 3 business days before a
         service is to be furnished, according to the following schedule:

                   In the case of a service scheduled less than 10 business days in advance, no later than 1
                    business day after the service is scheduled;
                   In the case of a service scheduled 10 or more business days in advance, no later than 3
                    business days after a service is scheduled.

         By requiring facilities to provide a good-faith estimate of charges to each patient in advance of
         treatment, the bill mirrors the requirements of the federal No Surprises Act. Compliance with the Act
         was required by January 1, 2022.

         Shoppable Services

         The bill requires each licensed hospital and ambulatory surgical center to post a consumer-friendly list
         of standard charges for at least 300 shoppable health care services on a facility website. A facility that
         provides less than 300 distinct services will be required to post standard charges for each service it
         does provide.

         The bill requires facilities to post pricing information for shoppable services in accordance with the
         definition of “standard charges” established in federal rule. 105 This information extends beyond the
         traditional concept of charges to include negotiated and actual prices paid for selected services. For
         each shoppable service, a hospital must disclose the following pricing benchmarks:

                   The gross charge;
                   The payer-specific negotiated charge;
                   A de-identified minimum negotiated charge;
                   A de-identified maximum negotiated charge; and,
                   The discounted cash price.

         This bill is intended to mirror the shoppable services requirement included in the hospital facility
         transparency regulations finalized by the CMS in 2019. The bill requires facilities to disclose the
         relevant cost information as a condition of state licensure, which should result in uniform compliance
         among facilities.

         Facility Medical Debt Collection

         The bill prohibits hospitals and ASCs from engaging in any “extraordinary collection actions” against a
         patient prior to determining whether that patient is eligible for financial assistance, before providing an
         itemized bill, during an ongoing grievance process, prior to billing any applicable insurance coverage,
         for 30 days after notifying a patient in writing that a collections action will commence, and while the
         patient is negotiating in good faith the final amount of the bill or is complying with the terms of a
         payment plan with the facility. For purposes of the provision, “extraordinary collection action” means
         any action that requires a legal or judicial process, including:

                   Placing a lien on an individual’s property;
                   Foreclosing on an individual’s real property;

105 Supra, FN 47.

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                 Attaching or seizing an individual’s bank account or any other personal property;
                 Commencing a civil action against an individual;
                 Causing an individual’s arrest; or,
                 Garnishing an individual’s wages.

         The bill also establishes a new set of debt collection exemptions in chapter 222, F.S. that apply
         explicitly to debt incurred as a result of medical services provided in hospitals, ambulatory surgical
         centers, or urgent care centers. Under current law, this type of medical debt is subject to the uniform
         exemptions that apply to all types of debt and are described above. The bill increases the ceiling on the
         debt collection exemptions, when the debt results from services provided in a hospital facility or
         ambulatory surgical center, as follows:

                 To $10,000 interest in a single motor vehicle (versus the current law exemption of $1,000);
                 To $10,000 interest in personal property, provided that a debtor does not claim the homestead
                  exemption under s. 4, Art. X of the state constitution (versus the current law exemption of
                  $4,000).

         The bill also requires each hospital and ASC to establish an internal grievance process allowing a
         patient to dispute any charges that appear on an itemized statement or bill. When a patient initiates a
         grievance, the facility must then provide an initial response to that patient within 7 business days.

         Lastly, the bill creates a three-year statute of limitations for any legal action related to medical debt for
         services rendered by a facility licensed under chapter 395, F.S., such as hospitals, ambulatory surgical
         centers, and urgent care centers. The statute of limitations begins running on the date that the facility
         refers the debt to a third-party collections entity.

         Insurer Price Transparency

         Shared Savings Programs

         The bill establishes an accounting standard to remove a barrier to shared savings incentive programs.
         It specifies that insurer shared savings payments to patients shall be counted as medical expenses for
         rate development and rate filing purposes.106 This change aligns Florida law with the federal regulations
         that became final in 2020.107

         Advanced Explanation of Benefits

         Effective July 1, 2022, the bill requires health plans to issue an advance explanation of benefits
         statement when a covered patient schedules a service in a hospital or ambulatory surgical center. This
         requirement builds on the facility charges estimate provision in the bill. Once a facility notifies a health
         plan that a patient has scheduled a medical service, the health plan must prepare a personalized
         estimate of costs for the patient in accordance with the federal No Surprises Act. A health plan must
         provide an advanced explanation of benefits to the patient according to the following schedule:

                 In the case of a service scheduled less than 10 business days in advance, no later than 1
                  business day after receiving the estimate of charges from the facility;
                 In the case of a service scheduled 10 or more business days in advance, no later than 3
                  business days after receiving the estimate of charges from the facility.

         Health insurers and HMOs were required comply with the federal Act on January 1, 2022.

         The bill provides an effective date of October 1, 2023.


106 Current law indicates that a shared savings incentive offered by a health plan is “not an administrative expense for r ate development

or rate filing purposes,” but does not affirmatively categorize the expense. SS. 627.6387, 627.6648, and 641.31076, F.S.
107 Supra, FN 51.

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   B. SECTION DIRECTORY:

        Section 1: Amends s. 95.11, F.S., relating to limitations other than for the recovery of real property.
        Section 2: Creates s. 222.26, F.S., relating to additional exemptions from legal process concerning
                   medical debt.
        Section 3: Amends s. 395.301, F.S., relating to price transparency; itemized patient statement or bill;
                   patient admission status notification.
        Section 4: Creates s. 395.3011, F.S., relating to billing and collection activities.
        Section 5: Creates s. 627.445, F.S., relating to advanced explanation of benefits.
        Section 6: Amends s. 627.6387, F.S., relating to shared savings incentive program.
        Section 7: Amends s. 627.6648, F.S., relating to shared savings incentive program.
        Section 8: Amends s. 641.31076, F.S., relating to shared savings incentive program.
        Section 9: Amends s. 475.01, F.S., relating to definitions.
        Section 10: Amends s. 475.611, F.S., relating to definitions.
        Section 11: Amends s. 517.191, F.S., relating to injunction to restrain violations; civil penalties;
                    enforcement by the Attorney General.
        Section 12: Amends s. 768.28, F.S., relating to waiver of sovereign immunity in tort actions; recovery
                    limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of
                    limitations; exclusions; indemnification; risk management programs.
        Section 13: Provides an effective date of October 1, 2023.



                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.


       2. Expenditures:

           None.


   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.


       2. Expenditures:

           None.


   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill may increase costs for facilities licensed under ch. 395, F.S., by requiring them to issue cost
       estimates for all non-emergency patients, but only if the facilities are out of compliance with the current
       federal requirement to provide these estimates.




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       Facilities may forego revenues due to the bill’s limits on the use of extraordinary collection activities;
       however, some facilities may already be providing similar due process for patients, such that the bill will
       have little impact on them.

       The bill may have a negative, but indeterminate, fiscal impact on health insurers and HMOs, due to the
       costs of producing advanced explanations of benefits for insureds and subscribers, triggered by the
       estimates provided by facilities, but only if these health plans are out of compliance with the current
       federal requirement to provide these to subscribers.

       Additionally, the bill’s increased dollar limit on personal property exemptions under ch. 222, F.S., may
       reduce revenues for medical service providers or their collection agents.

   D. FISCAL COMMENTS:

       None.



                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. The bill does not appear to impact municipalities or counties.


       2. Other:

          None.


   B. RULE-MAKING AUTHORITY:

       AHCA has sufficient rulemaking authority to implement the bill provisions.


   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.



                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 28, 2023, the Healthcare Regulation Subcommittee adopted an amendment and reported the bill
   favorably as a committee substitute. The amendment changed the effective date from July 1, 2023, to
   October 1, 2023.

   The bill was reported favorably as amended. The analysis is drafted to the committee substitute as passed
   by the Healthcare Regulation Subcommittee.




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           CS/HB 1413                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to health care expenses; amending s.
    3              95.11, F.S.; establishing a 3-year statute of
    4              limitations for an action to collect medical debt for
    5              services rendered by a health care provider or
    6              facility; creating s. 222.26, F.S.; providing
    7              additional personal property exemptions from legal
    8              process for medical debts resulting from services
    9              provided in certain licensed facilities; amending s.
10                 395.301, F.S.; requiring a licensed facility to post
11                 on its website a consumer-friendly list of standard
12                 charges for a minimum number of shoppable health care
13                 services; providing definitions; requiring a licensed
14                 facility to provide an estimate to a patient or
15                 prospective patient and the patient's health insurer
16                 within specified timeframes; requiring a licensed
17                 facility to establish an internal grievance process
18                 for patients to dispute charges; requiring a facility
19                 to make available information necessary for initiating
20                 a grievance; requiring a facility to respond to a
21                 patient grievance within a specified timeframe;
22                 creating s. 395.3011, F.S.; prohibiting certain
23                 collection activities by a licensed facility; creating
24                 s. 627.445, F.S.; providing a definition; requiring
25                 each health insurer to provide an insured with an

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        CS/HB 1413                                                                                           2023




26              advanced explanation of benefits after receiving a
27              patient estimate from a facility for scheduled
28              services; providing requirements for the advanced
29              explanation of benefits; amending ss. 627.6387,
30              627.6648, and 641.31076, F.S.; providing that a shared
31              savings incentive offered by a health insurer or
32              health maintenance organization constitutes a medical
33              expense for rate development and rate filing purposes;
34              amending ss. 475.01, 475.611, 517.191, and 768.28,
35              F.S.; conforming cross-references; providing an
36              effective date.
37
38      Be It Enacted by the Legislature of the State of Florida:
39
40              Section 1.         Subsection (4) of section 95.11, Florida
41      Statutes, is renumbered as subsection (5), and a new subsection
42      (4) is added to that section, to read:
43              95.11        Limitations other than for the recovery of real
44      property.—Actions other than for recovery of real property shall
45      be commenced as follows:
46              (4)         WITHIN THREE YEARS.—An action to collect medical debt
47      for services rendered by a facility licensed under chapter 395,
48      provided that the period of limitations shall run from the date
49      on which the facility refers the medical debt to a third party
50      for collection.

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        CS/HB 1413                                                                                           2023




51              Section 2.         Section 222.26, Florida Statutes, is created to
52      read:
53              222.26        Additional exemptions from legal process concerning
54      medical debt.—If a debt is owed for medical services provided by
55      a facility licensed under chapter 395, the following property is
56      exempt from attachment, garnishment, or other legal process in
57      an action on such debt:
58              (1)         A debtor's interest, not to exceed $10,000 in value,
59      in a single motor vehicle as defined in s. 320.01(1).
60              (2)         A debtor's interest in personal property, not to
61      exceed $10,000 in value, if the debtor does not claim or receive
62      the benefits of a homestead exemption under s. 4, Art. X of the
63      State Constitution.
64              Section 3.         Paragraphs (b) through (d) of subsection (1) of
65      section 395.301, Florida Statutes, are redesignated as
66      paragraphs (c) through (e), respectively, subsection (6) is
67      renumbered as subsection (7), present paragraph (b) of
68      subsection (1) is amended, and a new paragraph (b) is added to
69      subsection (1) and a new subsection (6) is added to that
70      section, to read:
71              395.301        Price transparency; itemized patient statement or
72      bill; patient admission status notification.—
73              (1)         A facility licensed under this chapter shall provide
74      timely and accurate financial information and quality of service
75      measures to patients and prospective patients of the facility,

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         CS/HB 1413                                                                                           2023




 76      or to patients' survivors or legal guardians, as appropriate.
 77      Such information shall be provided in accordance with this
 78      section and rules adopted by the agency pursuant to this chapter
 79      and s. 408.05. Licensed facilities operating exclusively as
 80      state facilities are exempt from this subsection.
 81              (b)         Each licensed facility shall post on its website a
 82      consumer-friendly list of standard charges for at least 300
 83      shoppable health care services. If a facility provides fewer
 84      than 300 distinct shoppable health care services, it shall make
 85      available on its website the standard charges for each service
 86      it provides. As used in this paragraph, the term:
 87              1.      "Shoppable health care service" means a service that
 88      can be scheduled by a healthcare consumer in advance. The term
 89      includes, but is not limited to, the services described in s.
 90      627.6387(2)(e) and any services defined in regulations or
 91      guidance issued by the United States Department of Health and
 92      Human Services.
 93              2.      "Standard charge" has the same meaning as that term is
 94      defined in regulations or guidance issued by the United States
 95      Department of Health and Human Services for purposes of hospital
 96      price transparency.
 97              (c)(b)1.           Upon request, and Before providing any
 98      nonemergency medical services, each licensed facility shall
 99      provide in writing or by electronic means a good faith estimate
100      of reasonably anticipated charges by the facility for the

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         CS/HB 1413                                                                                           2023




101      treatment of a the patient's or prospective patient's specific
102      condition. Such estimate must be provided to the patient or
103      prospective patient upon scheduling a medical service. The
104      facility must provide the estimate to the patient or prospective
105      patient within 7 business days after the receipt of the request
106      and is not required to adjust the estimate for any potential
107      insurance coverage. The facility must provide the estimate to
108      the patient's health insurer, as defined in s. 627.445(1), and
109      the patient at least 3 business days before a service is to be
110      furnished, but no later than 1 business day after the service is
111      scheduled or, in the case of a service scheduled at least 10
112      business days in advance, no later than 3 business days after
113      the service is scheduled. The estimate may be based on the
114      descriptive service bundles developed by the agency under s.
115      408.05(3)(c) unless the patient or prospective patient requests
116      a more personalized and specific estimate that accounts for the
117      specific condition and characteristics of the patient or
118      prospective patient. The facility shall inform the patient or
119      prospective patient that he or she may contact his or her health
120      insurer or health maintenance organization for additional
121      information concerning cost-sharing responsibilities.
122              2.      In the estimate, the facility shall provide to the
123      patient or prospective patient information on the facility's
124      financial assistance policy, including the application process,
125      payment plans, and discounts and the facility's charity care

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         CS/HB 1413                                                                                           2023




126      policy and collection procedures.
127              3.      The estimate shall clearly identify any facility fees
128      and, if applicable, include a statement notifying the patient or
129      prospective patient that a facility fee is included in the
130      estimate, the purpose of the fee, and that the patient may pay
131      less for the procedure or service at another facility or in
132      another health care setting.
133              4.      Upon request, The facility shall notify the patient or
134      prospective patient of any revision to the estimate.
135              5.      In the estimate, the facility must notify the patient
136      or prospective patient that services may be provided in the
137      health care facility by the facility as well as by other health
138      care providers that may separately bill the patient, if
139      applicable.
140              6.      The facility shall take action to educate the public
141      that such estimates are available upon request.
142              6.7.        Failure to timely provide the estimate pursuant to
143      this paragraph shall result in a daily fine of $1,000 until the
144      estimate is provided to the patient or prospective patient and
145      the health insurer. The total fine per patient estimate may not
146      exceed $10,000.
147
148      The provision of an estimate does not preclude the actual
149      charges from exceeding the estimate.
150              (6)         Each facility shall establish an internal process for

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         CS/HB 1413                                                                                           2023




151      reviewing and responding to grievances from patients. Such
152      process must allow patients to dispute charges that appear on
153      the patient's itemized statement or bill. The facility shall
154      prominently post on its website and indicate in bold print on
155      each itemized statement or bill the instructions for initiating
156      a grievance and the direct contact information required to
157      initiate the grievance process. The facility must provide an
158      initial response to a patient grievance within 7 business days
159      after the patient formally files a grievance disputing all or a
160      portion of an itemized statement or bill.
161              Section 4.          Section 395.3011, Florida Statutes, is created
162      to read:
163              395.3011           Billing and collection activities.—
164              (1)         As used in this section, the term "extraordinary
165      collection action" means any of the following actions taken by a
166      licensed facility against an individual in relation to obtaining
167      payment of a bill for care covered under the facility's
168      financial assistance policy:
169              (a)         Selling the individual's debt to another party.
170              (b)         Reporting adverse information about the individual to
171      consumer credit reporting agencies or credit bureaus.
172              (c)         Deferring, denying, or requiring a payment before
173      providing medically necessary care because of the individual's
174      nonpayment of one or more bills for previously provided care
175      covered under the facility's financial assistance policy.

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         CS/HB 1413                                                                                           2023




176              (d)         Actions that require a legal or judicial process,
177      including, but not limited to:
178              1.      Placing a lien on the individual's property;
179              2.      Foreclosing on the individual's real property;
180              3.      Attaching or seizing the individual's bank account or
181      any other personal property;
182              4.      Commencing a civil action against the individual;
183              5.      Causing the individual's arrest; or
184              6.      Garnishing the individual's wages.
185              (2)         A facility may not engage in an extraordinary
186      collection action against an individual to obtain payment for
187      services:
188              (a)         Before the facility has made reasonable efforts to
189      determine whether the individual is eligible for assistance
190      under its financial assistance policy for the care provided and,
191      if eligible, before a decision is made by the facility on the
192      patient's application for such financial assistance.
193              (b)         Before the facility has provided the individual with
194      an itemized statement or bill.
195              (c)         During an ongoing grievance process as described in s.
196      395.301(6) or an ongoing appeal of a claim adjudication.
197              (d)         Before billing any applicable insurer and allowing the
198      insurer to adjudicate a claim.
199              (e)         For 30 days after notifying the patient in writing, by
200      certified mail, or by other traceable delivery method, that a

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         CS/HB 1413                                                                                           2023




201      collection action will commence absent additional action by the
202      patient.
203              (f)         While the individual:
204              1. Negotiates in good faith the final amount of a bill for
205      services rendered; or
206              2. Complies with all terms of a payment plan with the
207      facility.
208              Section 5.         Section 627.445, Florida Statutes, is created
209      to read:
210              627.445        Advanced explanation of benefits.—
211              (1)         As used in this section, the term "health insurer"
212      means a health insurer issuing individual or group coverage or a
213      health maintenance organization issuing coverage through an
214      individual or a group contract.
215              (2)         Each health insurer shall prepare an advanced
216      explanation of benefits upon receiving a patient estimate from a
217      facility pursuant to s. 395.301(1). The health insurer must
218      provide the advanced explanation of benefits to the insured no
219      later than 1 business day after receiving the patient estimate
220      from the facility or, in the case of a service scheduled at
221      least 10 business days in advance, no later than 3 business days
222      after receiving such estimate.
223              (3)         At a minimum, the advanced explanation of benefits
224      must include detailed coverage and cost-sharing information
225      pursuant to the No Surprises Act, Title I of Division BB, Pub.

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         CS/HB 1413                                                                                           2023




226      L. No. 116-260.
227              Section 6.         Paragraph (a) of subsection (4) of section
228      627.6387, Florida Statutes, is amended to read:
229              627.6387          Shared savings incentive program.—
230              (4)(a)       A shared savings incentive offered by a health
231      insurer in accordance with this section:
232              1.      Is not an administrative expense for rate development
233      or rate filing purposes and shall be counted as a medical
234      expense for such purposes.
235              2.      Does not constitute an unfair method of competition or
236      an unfair or deceptive act or practice under s. 626.9541 and is
237      presumed to be appropriate unless credible data clearly
238      demonstrates otherwise.
239              Section 7.         Paragraph (a) of subsection (4) of section
240      627.6648, Florida Statutes, is amended to read:
241              627.6648          Shared savings incentive program.—
242              (4)(a)       A shared savings incentive offered by a health
243      insurer in accordance with this section:
244              1.      Is not an administrative expense for rate development
245      or rate filing purposes and shall be counted as a medical
246      expense for such purposes.
247              2.      Does not constitute an unfair method of competition or
248      an unfair or deceptive act or practice under s. 626.9541 and is
249      presumed to be appropriate unless credible data clearly
250      demonstrates otherwise.

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         CS/HB 1413                                                                                           2023




251              Section 8.          Paragraph (a) of subsection (4) of section
252      641.31076, Florida Statutes, is amended to read:
253              641.31076          Shared savings incentive program.—
254              (4)         A shared savings incentive offered by a health
255      maintenance organization in accordance with this section:
256              (a)         Is not an administrative expense for rate development
257      or rate filing purposes and shall be counted as a medical
258      expense for such purposes.
259              Section 9.          Paragraphs (a) and (j) of subsection (1) of
260      section 475.01, Florida Statutes, are amended to read:
261              475.01        Definitions.—
262              (1)         As used in this part:
263              (a)         "Broker" means a person who, for another, and for a
264      compensation or valuable consideration directly or indirectly
265      paid or promised, expressly or impliedly, or with an intent to
266      collect or receive a compensation or valuable consideration
267      therefor, appraises, auctions, sells, exchanges, buys, rents, or
268      offers, attempts or agrees to appraise, auction, or negotiate
269      the sale, exchange, purchase, or rental of business enterprises
270      or business opportunities or any real property or any interest
271      in or concerning the same, including mineral rights or leases,
272      or who advertises or holds out to the public by any oral or
273      printed solicitation or representation that she or he is engaged
274      in the business of appraising, auctioning, buying, selling,
275      exchanging, leasing, or renting business enterprises or business

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         CS/HB 1413                                                                                           2023




276      opportunities or real property of others or interests therein,
277      including mineral rights, or who takes any part in the procuring
278      of sellers, purchasers, lessors, or lessees of business
279      enterprises or business opportunities or the real property of
280      another, or leases, or interest therein, including mineral
281      rights, or who directs or assists in the procuring of prospects
282      or in the negotiation or closing of any transaction which does,
283      or is calculated to, result in a sale, exchange, or leasing
284      thereof, and who receives, expects, or is promised any
285      compensation or valuable consideration, directly or indirectly
286      therefor; and all persons who advertise rental property
287      information or lists. A broker renders a professional service
288      and is a professional within the meaning of s. 95.11(5)(a) s.
289      95.11(4)(a). Where the term "appraise" or "appraising" appears
290      in the definition of the term "broker," it specifically excludes
291      those appraisal services which must be performed only by a
292      state-licensed or state-certified appraiser, and those appraisal
293      services which may be performed by a registered trainee
294      appraiser as defined in part II. The term "broker" also includes
295      any person who is a general partner, officer, or director of a
296      partnership or corporation which acts as a broker. The term
297      "broker" also includes any person or entity who undertakes to
298      list or sell one or more timeshare periods per year in one or
299      more timeshare plans on behalf of any number of persons, except
300      as provided in ss. 475.011 and 721.20.

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         CS/HB 1413                                                                                           2023




301              (j)         "Sales associate" means a person who performs any act
302      specified in the definition of "broker," but who performs such
303      act under the direction, control, or management of another
304      person. A sales associate renders a professional service and is
305      a professional within the meaning of s. 95.11(5)(a) s.
306      95.11(4)(a).
307              Section 10.            Paragraph (h) of subsection (1) of section
308      475.611, Florida Statutes, is amended to read:
309              475.611        Definitions.—
310              (1)         As used in this part, the term:
311              (h)         "Appraiser" means any person who is a registered
312      trainee real estate appraiser, a licensed real estate appraiser,
313      or a certified real estate appraiser. An appraiser renders a
314      professional service and is a professional within the meaning of
315      s. 95.11(5)(a) s. 95.11(4)(a).
316              Section 11.            Subsection (7) of section 517.191, Florida
317      Statutes, is amended to read:
318              517.191        Injunction to restrain violations; civil
319      penalties; enforcement by Attorney General.—
320              (7)         Notwithstanding s. 95.11(5)(e) s. 95.11(4)(e), an
321      enforcement action brought under this section based on a
322      violation of any provision of this chapter or any rule or order
323      issued under this chapter shall be brought within 6 years after
324      the facts giving rise to the cause of action were discovered or
325      should have been discovered with the exercise of due diligence,

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         CS/HB 1413                                                                                           2023




326      but not more than 8 years after the date such violation
327      occurred.
328              Section 12.           Subsection (14) of section 768.28, Florida
329      Statutes, is amended to read:
330              768.28       Waiver of sovereign immunity in tort actions;
331      recovery limits; civil liability for damages caused during a
332      riot; limitation on attorney fees; statute of limitations;
333      exclusions; indemnification; risk management programs.—
334              (14)        Every claim against the state or one of its agencies
335      or subdivisions for damages for a negligent or wrongful act or
336      omission pursuant to this section shall be forever barred unless
337      the civil action is commenced by filing a complaint in the court
338      of appropriate jurisdiction within 4 years after such claim
339      accrues; except that an action for contribution must be
340      commenced within the limitations provided in s. 768.31(4), and
341      an action for damages arising from medical malpractice or
342      wrongful death must be commenced within the limitations for such
343      actions in s. 95.11(5) s. 95.11(4).
344              Section 13.           This act shall take effect October 1, 2023.




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CS/HB 1437
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1437 Pub. Rec./Broadband Opportunity Program Information/DEO
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee, Esposito and others
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 552

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Energy, Communications & Cybersecurity                   18 Y, 0 N, As CS        Mortellaro         Keating
       Subcommittee

    2) Ethics, Elections & Open Government                      17 Y, 0 N               Poreda             Toliver
       Subcommittee

    3) Commerce Committee                                                               Mortellaro         Hamon


                                             SUMMARY ANALYSIS
In 2021, the Legislature created the Broadband Opportunity Program to award grants to applicants who seek
to expand access to broadband Internet service in unserved areas of the state. The grant program is
administered by the Florida Office of Broadband within the Department of Economic Opportunity (DEO). The
grant process requires that certain information about existing and proposed telecommunications facilities be
submitted to DEO.

This bill creates a public record exemption for information relating to communications service locations, project
proposals, and challenges submitted to and held by DEO under s. 288.9962, F.S. Under the bill, such
information is confidential and exempt from public record requirements if it is not otherwise publicly available
and would reveal:
       The location and capacity of communications network facilities;
       Communications network areas, including geographical maps;
       Features, functions, and capabilities of communications network infrastructure and facilities;
       Security, including cybersecurity, of the design, construction, and operation of the communications
           network and associated services and products;
       Specific customer locations; or
       Sources of funding or in-kind contributions for a project.

The bill provides that the exemption does not to apply to any required functions of DEO under s. 288.9962,
F.S., relating to publishing a description of the proposed unserved areas to be served and the proposed
broadband Internet speeds for those areas that are provided by each applicant.

The bill provides a statement of public necessity for this exemption. The statement provides that disclosing this
information could result in identification of vulnerabilities in networks, thus allowing security breaches that may
damage and disrupt their safe and reliable operation. This would adversely impact the public health and safety
of the state and affect business interests through such compromise of network security.

The public record exemption created by the bill is subject to the Open Government Sunset Review Act and will
repeal on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.

The bill provides an effective date of July 1, 2023.

Article I, s. 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.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1437d.COM
DATE: 4/6/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Public Records

         Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
         government records. This section guarantees every person the right to inspect or copy any public
         record from the legislative, executive, and judicial branches of government.1 The Legislature, however,
         may provide by general law for exemption from public record requirements provided the exemption
         passes by two-thirds vote of each chamber, states with specificity the public necessity justifying the
         exemption, and is no broader than necessary to meet its public purpose. 2

         The Florida Statutes also address the public policy regarding access to government records. Section
         119.07(1), F.S., guarantees every person the right to inspect and copy any state, county, or municipal
         record, unless the record is exempt.3 Furthermore, the Open Government Sunset Review Act 4 provides
         that a public record exemption may be created, revised, or maintained only if it serves an identifiable
         public purpose and the “Legislature finds that the purpose is sufficiently compelling to override the
         strong public policy of open government and cannot be accomplished without the exemption.” 5 An
         identifiable public purpose is served if the exemption meets 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; or
              Protect trade or business secrets.6

         Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial
         amendment of an existing public record exemption is repealed on October 2 nd of the fifth year following
         enactment, unless the Legislature reenacts the exemption.

         Florida’s Office of Broadband

         In 2020, the Legislature designated the Department of Economic Opportunity (DEO) as the lead state
         agency to facilitate the expansion of broadband Internet service in the state. 7 The Florida Office of
         Broadband (Office) was created within DEO’s Division of Community Development for purposes of
         developing, marketing, and promoting broadband Internet service in the state. 8

         In 2021, the Legislature appropriated $1.5 million to DEO to develop geographic information system
         maps of broadband Internet service availability, including transmission speeds, consistent with the
         Federal Communications Commission’s data collection program standards. 9 DEO must collaborate with

1 Article I, s. 24(a), FLA. CONST .
2 Article I, s. 24(c), FLA. CONST .
3 A public record exemption  means a provision of general law which provides that a specified record, or portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the State Constitution. S. 119.011(8), F.S.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6
  Id.
7 Ch. 2002-26, Laws of Fla.
8 Id.
9 Ch. 2021-24, Laws of Fla.
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         broadband service providers, state agencies, local government entities, private businesses, educational
         institutions, and community organizations to develop these maps.10 Through its website, DEO allows
         for public input concerning the speed, connectivity, and access to broadband Internet service in areas
         throughout the state to help identify unserved and underserved areas.

         Broadband Opportunity Program

         In 2021, the Legislature also created the Broadband Opportunity Program 11 to award grants to
         applicants who seek to expand access to broadband Internet service 12 in unserved13 areas of the state,
         regardless of the technology to be used. Grant funds may not be used to provide broadband Internet
         service to a geographic area where broadband Internet is already deployed by at least one provider.14
         Applicants eligible for grant awards include corporations, limited liability companies, general
         partnerships, limited partnerships, political subdivisions, and Indian tribes. 15

         In support of a grant application, an applicant must provide specified information, including, among
         other things:
              A description of the project area;
              A description of the kind and amount of broadband Internet service infrastructure that is
                 proposed; and
              Evidence demonstrating the unserved nature of the project area.16

         After the close of the grant application process, the Office must publish on its website, from each grant
         application submitted, the proposed unserved areas to be served and the proposed broadband internet
         speeds of the areas to be served.17

         If a broadband Internet service provider provides service in or adjacent to a proposed project area, it
         can submit a written challenge to the Office within 45 days of the information’s publication. The
         challenge must demonstrate:
               The provider currently has deployed broadband Internet service to retail customers within the
                 project area;
               The provider has begun construction to provide broadband Internet service to retail customers
                 within the proposed project area within the timeframe proposed by the applicant; or
               The provider commits to providing broadband Internet service to retail customers within the
                 proposed project area within the timeframe proposed by the applicant.

         Within three business days after the submission of a written challenge, the Office is to notify the
         applicant of the challenge. The Office must evaluate each challenge submitted. If the Office determines
         that the provider currently has deployed, has begun construction to provide, or commits to provide
         broadband Internet service in the proposed project area, the Office may not fund the challenged
         project.18




10 Id.
11 S. 288.9962,   F.S.
12 S. 288.9961(2)(a),  F.S., defines the term “broadband Internet service” to mean any service that provides access to the Internet with a
capacity for transmission at a consistent speed of at least 25 megabits per second download and 3 megabits per second uploa d.
13 S. 288.9961(2)(g ), F.S., defines the term “unserved” to mean a geographic area of the state without access to broadband Internet

service.
14 S. 288.9962(2), F.S.
15 S. 288.9962(3), F.S.
16 S. 288.9962(5), F.S.
17 S. 288.9962(6)(b ), F.S.
18 S. 288.9962(e), F.S.
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         Effect of the Bill

         The bill creates a public record exemption by providing that information relating to communications
         services locations, project proposals, and challenges submitted to and held by DEO under s. 288.9962,
         F.S., are confidential and exempt19 from public record requirements if the information is not otherwise
         publicly available and would reveal:
             The location and capacity of communications network facilities;
             Communications network areas, including geographical maps indicating actual or proposed
                 locations of network infrastructure, facilities, or coverage;
             Features, functions, and capabilities of communications network infrastructure and facilities;
             Security, including cybersecurity, of the design, construction, and operation of the
                 communications network and associated services and products;
             Specific customer locations;
             Sources of funding or in-kind contributions for a project.

         The bill states the exemption does not apply to any required functions of DEO under s. 288.9962, F.S.,
         relating to publishing a description of the proposed unserved areas to be served and the proposed
         broadband Internet speeds for those areas that are provided by each applicant.

         The bill provides that there is a public necessity for this exemption because the information at issue
         contains security information and propriety business information of communications services providers.
         The bill states that disclosing sensitive information relating to locations, capacities, features, functions,
         and security of these networks, aids in identifying vulnerabilities which could result in a breach. A
         breach may damage and disrupt the safe and reliable operation of such networks, adversely impacting
         the public health and safety of the state and affecting business interests through such compromise of
         the network security for communications services providers.

         The public record exemption created by the bill is subject to the Open Government Sunset Review Act
         and will automatically repeal on October 2, 2028, unless reviewed and saved from repeal by the
         Legislature.

         The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:
         Section 1.        Amends s. 119.0712, F.S., to create a public records exemption for certain information
                           held by the Department of Economic Opportunity.

         Section 2.        Provides a public necessity statement.

         Section 3.        Provides an effective date.




19 There is a difference between records the Legislature designates exempt from public record requirements and those the Legisla ture

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed u nder 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 relea sed by the
custodian of public records, to anyone other than the persons or entities specifically designat ed in statute. See Op. Att’y Gen. Fla.
(1985).
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                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.
       2. Expenditures:
           The bill may have an insignificant negative fiscal impact on DEO as agency staff responsible for
           complying with public record requests may require training related to the newly created public
           record exemption. These costs, however, would be absorbed, as they are part of the day-to-day
           responsibilities of the agency.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         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.

       2. Other:
           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. The public necessity statement provides,
           in part, that the information at issue contains security information and propriety business information
           of communications services providers and disclosing such sensitive information could aid in
           identifying vulnerabilities which could result in a breach.

           Breadth of Exemption

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           Article I, 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 information relating to
           communications service locations, project proposals, and challenges submitted to and held by DEO
           under s. 288.9962, F.S, which does not appear to be broader than necessary to accomplish its
           purpose.
   B. RULE-MAKING AUTHORITY:
       None.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 21, 2023, the Energy, Communications & Cybersecurity Subcommittee adopted one amendment to
the bill and reported the bill favorably as a committee substitute. The amendment:
     Removes information that reveals communication network coverage areas from the public record
         exemption created by this bill.
     Clarifies that the exemption does not apply to publication of information by the Department of Economic
         Opportunity that identifies specified areas proposed to be served, and the broadband Internet speeds in
         those areas, under the requirements of the state’s Broadband Opportunity Program.
     Modifies the public necessity statement to state specifically that communications services providers are
         at risk and identify information that if exposed without the exemption would lead to harm.

The analysis is drafted to the committee substitute as passed by the Energy, Communications & Cybersecurity
Subcommittee.




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           CS/HB 1437                                                                                           2023




    1                                          A bill to be entitled
    2              An act relating to public records; amending s.
    3              119.0712, F.S.; providing an exemption from public
    4              records requirements for certain information relating
    5              to communications services locations, project
    6              proposals, and challenges submitted to and held by the
    7              Department of Economic Opportunity under the Broadband
    8              Opportunity Program or pursuant to a federal broadband
    9              access grant program implemented by the department;
10                 providing applicability; providing for future
11                 legislative review and repeal of the exemption;
12                 providing a statement of public necessity; providing
13                 an effective date.
14
15         Be It Enacted by the Legislature of the State of Florida:
16
17                 Section 1.          Subsection (5) is added to section 119.0712,
18         Florida Statutes, to read:
19                 119.0712           Executive branch agency-specific exemptions from
20         inspection or copying of public records.—
21                 (5)         DEPARTMENT OF ECONOMIC OPPORTUNITY.—
22                 (a)         Information relating to communications services
23         locations, project proposals, and challenges submitted to and
24         held by the Department of Economic Opportunity under s. 288.9962
25         or pursuant to a federal broadband access grant program

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        CS/HB 1437                                                                                           2023




26      implemented by the Department of Economic Opportunity is
27      confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
28      of the State Constitution if such information is not otherwise
29      publicly available and the release of such information would
30      reveal:
31              1.      The location or capacity of communications network
32      facilities;
33              2.      Communications network areas, including geographical
34      maps indicating actual or proposed locations of network
35      infrastructure or facilities;
36              3.      The features, functions, and capabilities of
37      communications network infrastructure and facilities;
38              4.      Security, including cybersecurity, of the design,
39      construction, and operation of the communications network and
40      associated services and products;
41              5.      Specific customer locations; or
42              6.      Sources of funding or in-kind contributions for a
43      project.
44              (b)         This exemption does not apply to any required
45      functions of the department under s. 288.9962 relating to
46      publishing a description of the proposed unserved areas to be
47      served and the proposed broadband Internet speeds of the areas
48      to be served as provided by the applicant and approved by the
49      department.
50              (c)         This subsection is subject to the Open Government

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        CS/HB 1437                                                                                           2023




51      Sunset Review Act in accordance with s. 119.15 and shall stand
52      repealed on October 2, 2028, unless reviewed and saved from
53      repeal through reenactment by the Legislature.
54              Section 2.         The Legislature finds that it is a public
55      necessity that certain information relating to communications
56      services locations, project proposals, and challenges submitted
57      to and held by the Department of Economic Opportunity under the
58      Broadband Opportunity Program or pursuant to a federal broadband
59      access grant program implemented by the department be made
60      confidential and exempt from public records requirements. Such
61      information contains security information and proprietary
62      business information of communications services providers. The
63      disclosure of sensitive information relating to the location,
64      capacity, features, functions, and security of these networks
65      could result in the identification of vulnerabilities in such
66      networks and allow a security breach that could damage the
67      networks or disrupt the networks' safe and reliable operation,
68      adversely impacting the public health and safety of this state.
69      Further, the disclosure of such information would adversely
70      affect the business interests and compromise the network
71      security of the communications services providers and their
72      networks. Therefore, the Legislature finds that it is a public
73      necessity that certain information relating to communications
74      services locations, project proposals, and challenges submitted
75      to and held by the Department of Economic Opportunity under the

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        CS/HB 1437                                                                                           2023




76      Broadband Opportunity Program or pursuant to a federal broadband
77      access grant program implemented by the department be made
78      confidential and exempt from s. 119.07(1), Florida Statutes, and
79      s. 24(a), Article I of the State Constitution.
80              Section 3.         This act shall take effect July 1, 2023.




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                                                                                                         hb1437-01-c1
HB 1459
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1459 Registration Fees for Malt Beverage Brands and Labels
SPONSOR(S): Yeager
TIED BILLS:       IDEN./SIM. BILLS: SB 658

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform & Economic Development                 11 Y, 0 N               Thompson           Anstead
     Subcommittee

  2) State Administration & Technology                        12 Y, 0 N               Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Thompson           Hamon


                                              SUMMARY ANALYSIS
In Florida, alcoholic beverages are regulated by the Beverage Law, which regulates the manufacture,
distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and vendors. The Division of
Alcoholic Beverages and Tobacco (ABT) in the Department of Business and Professional Regulation (DBPR)
administers and enforces the Beverage Law, which requires licenses for businesses in the industry and
payment of various associated fees and taxes.

Before doing business in Florida, manufacturers, brewers, bottlers, distributors, and importers of malt
beverages must register with the ABT the brands or labels under which the malt beverages are to be sold or
moved. Current law requires the ABT to charge a $30 fee per brand or label.

The bill:
    Provides that the annual registration fee of $30 for each malt beverage brand and label only applies to
        a brand or label that is sold to a distributor, not to a brand or label that is kept in-house.
    Specifies that no other annual registration fee for a brand or label is authorized under the provision.

The bill will have an indeterminate negative fiscal impact on state government, and no fiscal impact on local
governments.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1459d.COM
DATE: 4/6/2023
                                                              FULL ANALYSIS

                                                     I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Beverage Law

          In Florida, alcoholic beverages are regulated by the Beverage Law, 1 which regulates and licenses the
          manufacture, distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and
          vendors.2 The Division of Alcoholic Beverages and Tobacco (ABT) in the Department of Business and
          Professional Regulation (DBPR) administers and enforces the Beverage Law.3

          Three-Tier System

          In the United States, the regulation of alcohol since the repeal of Prohibition, has traditionally been
          based upon a “three-tier system.” The system requires separation of the manufacture, distribution, and
          sale of alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the
          beverages from the manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the
          consumer. A manufacturer, distributor, or exporter may not be licensed as a vendor to sell directly to
          consumers.

          Generally, Florida has adopted the three-tier system. Exceptions to the three-tier regulatory system
          permit in-state wineries,4 breweries,5 and craft distilleries to be licensed as a vendor and sell directly to
          consumers under certain circumstances.6

          Brand and Label Registration Fee

          No manufacturer, brewer, bottler, distributor, or importer of malt beverages may sell or offer for sale in
          Florida, or move or cause to be moved within or into Florida, any malt beverages, without: 7
               Qualifying to do business in the state and registering its name and the brands or labels under
                  which the malt beverages are to be sold or moved; and
               Furnishing any samples and information as to content, quality, and formula of such malt
                  beverages as the ABT may require.

          Each registrant must pay an annual registration fee of $30 for a brand or label.8

          Effect of Proposed Changes

          The bill provides that the annual registration fee of $30 for each malt beverage brand and label only
          applies to a brand or label that is sold to a distributor, not to a brand or label that is kept in-house.

          The bill also specifies that no other annual registration fee for a brand or label is authorized under the
          provision.

    B. SECTION DIRECTORY:
         Section 1:          Amends s. 563.045, F.S., revising requirements for brand and label fees.


1
  S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
  See s. 561.14, F.S.
3
  S. 561.02, F.S.
4
  See s. 561.221(1), F.S.
5
  See s. 561.221(2), F.S.
6
  See s. 565.03, F.S.
7
  S. 563.045(1), F.S.
8
  S. 563.045(2), F.S.
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         Section 2:      Provides an effective date of July 1, 2023.


                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
            The bill may cause an indeterminate decrease in brand and label fees collected by the ABT.

            The table below shows the last three fiscal years of revenue collected for brands/label
            registrations.9

                                                          2020         2021          2022
                           Initial Malt Beverages       $206,280     $239,730      $255,930
                           Licenses
                           Malt Beverage License        $98,580      $130,020      $131,820
                           Renewals

            These revenues include brand and label fees for all beverages. The reduction in revenue will be
            determined by the number of beverages that are kept in house, which is not currently tracked.

         2. Expenditures:
            There will be minor adjustments to the online system for brand registration which is estimated to
            cost $16,000.10

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
            None.

         2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill may have a positive impact on craft brewers and brewpubs, who may pay less in brand and
         label fees to the ABT.

    D. FISCAL COMMENTS:
         None.




                                                    III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:

9 Florida Department   of Business and Professional Regulation, Agency Analysis of 2023 Senate Bill 658, p. 5 (Feb. 23,
2023).
10 Id.
STORAGE NAME: h1459d.COM                                                                                           PAGE: 3
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         Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 1459                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to registration fees for malt beverage
    3                brands and labels; amending s. 563.045, F.S.;
    4                providing that the annual registration fee is required
    5                only if labels or brands are sold to a distributor;
    6                specifying that no other registration fee is
    7                authorized; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                   Section 1.       Subsection (2) of section 563.045, Florida
12         Statutes, is amended to read:
13                   563.045      Brands or labels to be registered; qualification
14         to do business; fee; revocation.—
15                   (2)       The each registrant shall pay an annual registration
16         fee for a brand or label sold to a distributor is of $30 for a
17         brand or label. No other annual registration fee for a brand or
18         label is authorized under this section. Any registration may be
19         suspended or revoked in the same manner as a beverage license
20         for any violation of the Beverage Law.
21                   Section 2.       This act shall take effect July 1, 2023.




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                                                                                                                hb1459-00
CS/HB 1521
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1521 Facility Requirements Based on Sex
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Plakon and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1674

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 11 Y, 3 N, As CS        Hamon              Hamon
       Subcommittee

    2) Commerce Committee                                                               Hamon              Hamon


                                             SUMMARY ANALYSIS
Currently, Florida law does not address whether businesses, schools, hospitals or prisons are required to
provide separate restrooms or changing rooms for people based on their sex. However, the Florida Building
Code does require that certain businesses that are open to the public, like public lodging establishments and
restaurants, have at least one restroom open to the public. In addition, Florida does not currently make it a
crime for a person of one sex to enter a restroom or changing room intended for use by the opposite sex.

The bill:
    Creates the “Safety in Private Spaces Act.”
    Requires public and private sector covered entities that maintain a restroom or changing facility to have
        restrooms separately designated for males and females or a unisex restroom or changing facility.
    Limits instances when a person may enter a restroom or changing facility designated for the opposite
        sex to the following circumstances:
             o For assisting or chaperoning a minor child, elderly person, or disabled person.
             o For law enforcement or governmental regulatory purposes.
             o For emergency situations.
             o For custodial, maintenance, or inspection purposes, if not in use.
             o If the appropriate designated restroom or changing facility is out of order or under repair and the
                 opposite designated restroom or changing facility contains no person of the opposite sex.
    Makes it a second degree misdemeanor for a person 18 years of age or older to willfully enter a
        restroom or changing facility designated for the opposite sex and refuse to immediately depart.
    Requires educational institutions to establish disciplinary procedures for violators under 18 years old.
    Requires all covered entities who must be licensed to operate in the state to submit documentation
        regarding compliance with restroom and changing facilities requirements, as applicable, upon initial or
        renewal application for licensure, after July 1, 2023.
    Requires domestic violence centers and correctional institutions to provide separate accommodations
        for females and males, based on their sex.
    Makes covered entities who fail to comply with such requirements subject to penalties and licensure or
        regulatory disciplinary action.
    Exempts individuals born with certain verifiable disorders of sex development.
    Authorizes the Attorney General to bring a civil action to enforce these provisions against any covered
        entity, to seek injunctive relief, and to impose a fine of up to $10,000 for any covered entity found to
        have willfully violated such provisions.
    Directs fines collected to be deposited in the General Revenue Fund.

The bill may have an indeterminate fiscal impact on state and local government and the private sector.

The effective date of the bill is July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Restrooms and Building Codes

         Until roughly 1850, there were no indoor toilet facilities in America. Everyone used outdoor restrooms to
         meet basic human needs, which were mostly single-user and not sex-designated. The first regulation
         requiring separate restroom facilities for men and women was passed in 1887 by Massachusetts, which
         required the establishment of separate restrooms in businesses. “Wherever male and female persons
         are employed in the same factory or workshop, a significant number of separate and distinct water-
         closets, earth-closets, or privies shall be provided for the use of each sex and should be plainly
         designated.” Mixed use of such facilities was also specifically prohibited in some states. Over the
         course of the next thirty years, almost every state passed its own provision for separate restrooms for
         men and women.1 Historians indicate that these laws were based on the social norms of the times and
         the intention to protect women.2

         These requirements were carried over in building codes throughout the U.S. 3 Building codes in the U.S.
         provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of uniform
         building standards. Typically, restroom requirements are based on a public building’s capacity to
         determine how many restrooms should be built. Most codes mandate a minimum number of toilets and
         urinals per sex. Previously, these requirements resulted in more facilities being made available for men
         than for women, resulting in famously long lines for ladies’ rooms, which lead to “Potty Parity” laws.4
         Florida’s law required three women’s toilets for every two for men in certain facilities.5 After various
         changes over the years, Florida has settled on incorporating the International Plumbing Code into the
         state building code which sets the number of toilets for the expected public use and size of a facility --
         usually two female toilets for every one male depending on occupancy.6

         The Florida Building Code provides that where plumbing fixtures are required, usually based on being
         open to the public, separate facilities must be provided for each sex7 with correct signage8, with certain
         exceptions.9 For example, family or assisted-use toilet facilities are permitted to serve as the required
         separate facilities and are not required to be identified for exclusive use by either sex. 10 Single-user
         toilet facilities and bathing rooms, and family or assisted-use toilet and bathing rooms, must be
         identified for use by either sex.11

         Requirements for restrooms may differ depending on the type of building or business. For example:
         The Florida Building Code requires swimming pools with a bathing load of 20 persons or less to utilize
         a unisex restroom. Pools with bathing loads of 40 persons or less may utilize two unisex restrooms or

1 TIME, Maya Rhodan, Why Do We Have Men's and Women's Bathrooms Anyway?, May 16, 2016,

https://time.com/4337761/h istory-sex-segregated-bathrooms/ (last visited Mar. 22, 2023).
2 Id. During this same period, separate facilities were required in almost every area of society for women’s safety. For example:

women’s reading rooms, and women’s train cars.
3 Suellen Hoy, Chasing Dirt, The American Pursuit of Cleanliness, Oxford University Press, Oct. 10, 1996.
4 New York Times, John Brach, New Ballpark Statistic: Stadium’s Toilet Ratio, April 12, 2009,

https://www.nytimes.com/2009/04/ 13/sports/baseball/13potty.html?auth=login-google1tap&login=google1tap (last visited on Mar.
22, 2023).
5 S. 553.141 (1997).
6 American Restroom Association, Potty Parity, Overview, https://americanrestroom.org/potty-parity/ (last visited Mar. 22, 2023). See

also, s. 553.86, F.S.
7 S. 553.86, F.S.
8 S. 403.4, F.B.C.
9 S. 403.2, F.B.C.
10 S. 403.2.1, F.B.C.
11 S. 403.1.2, F.B.C.
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          meet the requirements based on square footage. Each such restroom must include a water closet, a
          diaper change table, a urinal, and a lavatory. Pools with a bathing load larger than 40 persons must
          provide separate sanitary facilities labeled for each sex.12

          Some states have specifically adopted laws related to restrooms and who is permitted to use them. For
          example: In 2016, North Carolina enacted the Public Facilities Privacy & Security Act (Act). The Act
          preempted any anti-discrimination ordinances passed by local communities and compelled schools and
          state and local government facilities containing single-gender restrooms to only allow people of the
          corresponding sex as listed on their birth certificate to use them. 13 In 2017, the portion of the Act
          regarding restroom use was repealed and, in 2020, the portion that prohibited local governments from
          passing anti-discrimination ordinances was sunset.14

          Restrooms in Florida’s Public Lodging and Public Food Service Establishments

          The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
          Regulation (DBPR) is charged with enforcing the provisions of ch. 509, F.S., and all other applicable
          laws relating to the inspection and regulation of public lodging establishments and public food service
          establishments 15 for the purpose of protecting the public health, safety, and welfare. 16 Public lodging
          establishments are classified as a hotel, motel, vacation rental, nontransient apartment, transient
          apartment, bed and breakfast inn, or timeshare project.17

          According to Florida laws and regulations governing hotels and restaurants, each public lodging
          establishment and each public food service establishment in the state is required to maintain public
          restroom facilities in accordance with the Florida Building Code as approved by the local building
          authority,18 and must meet the following requirements:
               Each transient establishment that does not provide private or connecting restrooms shall
                  maintain one public restroom on each floor for every 15 guests, or major fraction of that number,
                  rooming on that floor.19
               Each public lodging establishment and public food service establishment must be supplied with
                  potable water and provide adequate sanitary facilities for the accommodation of its employees
                  and guests. Such facilities may include, but are not limited to, showers, handwash basins,
                  toilets, and bidets, and must be connected to approved plumbing in accordance with the Florida
                  Building Code as approved by the local building authority.20
               Each public lodging establishment and public food service establishment is required to provide
                  at least one conveniently located restroom facility for its employees and guests as approved by
                  the local building authority having jurisdiction.21
               Public access to restroom facilities may not be permitted through food preparation, storage, or
                  ware washing areas.22
               Restroom fixtures must be of readily cleanable sanitary design. Restroom facilities must be kept
                  clean, in good repair and free from objectionable odors. Restrooms must provide at least 20 foot
                  candles of light. The walls, ceilings and floors of all restroom facilities shall be kept in good
                  condition.23


12 S. 403.6,   F.B.C.
13 North Carolina General Assembly, House Bill 2/SL 2016-3, https://www.ncleg.gov/BillLookup/2015E2/H2  (last visited Mar. 20,
2023).
14 North Carolina General Assembly, House Bill 142/SL 2017-4, https://www.ncleg.gov/BillLookup/2017/h142 (last visited Mar. 20,

2023).
15 S. 509.013(5)(a), F.S.
16 S. 509.241, F.S.
17 S. 509.242(1), F.S.
18 S. 509.221(2)(a), F.S.
19 S. 509.221(2)(c), F.S.
20 S. 509.221(1), F.S.
21 R. 61C-1.004, F.A.C.
22 Id.
23 Id.
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                 Restrooms must be completely enclosed and have tight-fitting, self-closing doors, except
                  restrooms located in public lodging establishments or located outside a public food service
                  establishment, may have entrances and exits constructed in such a manner as to ensure
                  privacy of occupants. Restroom doors shall not be left open except during cleaning or
                  maintenance. Handwashing signs must be posted in each restroom used by employees.24
                 In a restroom where more than one toilet is provided, each toilet must be separated by a
                  partition from adjoining fixtures and a door shall be provided which will partially conceal the
                  occupant from outside view.25
                 Nontransient establishments, vacation rentals, and timeshare projects are exempt from the
                  provisions of this subsection.26

         Family Restrooms

         According to the American Restroom Association, ADA accessible single-stall restrooms are important
         for people living with “special needs.” These restrooms allow people with special needs to visit
         museums, parks, theaters, libraries and other public places. 27 Family style, unisex, or single-user
         restrooms (often called handicapped restrooms) offer flexibility. Males or females, and one or more
         individuals (i.e. family members), of the same or opposite sex, can use them. They can also provide
         such amenities as two toilets, one for adults and one for children, and a changing table.28

         People with visible physical disabilities are not the only users of single-stall handicapped restrooms.
         The single-stall washroom (whether it is called family style or handicapped washroom) provides a
         higher level of privacy than the multi-stall public restrooms. In addition, people using an ostomy pouch
         often prefer the additional access space and increased privacy of a unisex restroom. 29

         Pay Toilets

         Currently, there is a shortage of public restrooms in U.S. cities. However, this wasn’t always the case.
         Publicly-available for-pay restrooms used to be common in the U.S. In the early 1900s, they were
         available at railroad stations, airports, bus stations, and highway rest stops. They were also common in
         busy urban commercial districts. For the most part, people had to pay for the stalls, which opened with
         coins, while urinals were free. By 1970, America had over 50,000 for-pay toilets.30

         In the 1970s, several separate interests began dismantling this business model. One was the feminist
         movement, which pointed out differences in charges - some companies charged for using commodes
         or toilets, which were more expensive to operate than urinals, but did not charge for urinals. Another
         was the Committee to End Pay Toilets in America (CEPTIA), a group of teenagers who got tired of
         paying to use restrooms. As a result, states began passing legislation to ban for-pay restrooms.31

         Instead of free public toilets available for all, public toilets pretty much disappeared from American
         cities, since cities found it expensive and difficult to keep them safe and clean. By 1980, almost none
         existed in the United States. In Europe, where there was no such movement, pay public toilets continue
         to operate today. Today, in the United States, many complain that restrooms are unsafe, unclean, and




24 Id.
25 Id.
26 Id.
27 American Restroom Association, Family       and Unisex Restrooms, https://americanrestroom.org/family-unisex-restrooms/ (last visited
Mar. 20, 2023).
28 Id.
29 Id.
30 Catalyst, U.S. Cities Should Bring Back For-pay Toilets, https://catalyst.independent.org/2020/02/13/u-s-cities-should-bring-back-

for-pay-toilets/ (last visited Mar. 20, 2023).
31 Id.
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         in disrepair, and have a reputation for attracting illegal activity.32 The resulting restroom shortage has
         resulted in real inconvenience in cities, and sometimes public health problems. 33

         Federal Regulations Related to Restrooms

         Enacted in 1970, the Occupational Safety and Health Act (OSHA) guarantees that employers will
         provide all employees with safe work conditions. It includes accessibility to restrooms and sanitary
         conditions.34 It provides that restroom facilities for employees must be made available based on the
         knowledge that restroom restrictions can result in employees avoiding using restrooms entirely while at
         work, which can lead to potentially serious physical injury or illness.

         OSHA covers the number of water closets required depending on the number of employees. At work
         sites with up to 15 employees, one water closet is expected to be provided; Otherwise, the standard is
         one for every 40 employees. If employee restrooms are made available to the public, they must comply
         with local building code requirements, and OSHA and ADA requirements.

         Florida law requires all restrooms to be compliant with the Americans With Disabilities Act (ADA),
         which, among other things, directs the provision of as-needed restroom breaks as a reasonable
         accommodation for an employee who needs to use the facilities due to an injury, disability, or illness.

         Requirements include that different facilities have to be provided for each sex unless the restrooms
         themselves can be occupied by no more than one person and can be locked from the inside. Each
         restroom is required to be a separate compartment, with a door, that is separated from the next by
         partitions. Public restrooms must be completely closed and have tight-fitting doors that close properly to
         ensure privacy. In addition, entrances and exits must be designed to promote an occupants' privacy.35

         Federal Law and Recent Cases Related to the Use of Restrooms

         Public debate, legal questions, and concerns exist regarding whether discrimination against a
         transgender36 student or transgender employee constitutes discrimination “on the basis of sex.” Such
         issues have multiple contexts, including debate over transgender restroom policies. Interpretations of
         the protections are varied.

         Title VII of the Civil Rights Act of 1964

         Title VII of the Civil Rights Act of 1964 (Title VII) is a federal law that protects employees against
         discrimination in the workplace based on certain specified characteristics, including race, color, national
         origin, sex, and religion. Title VII provides:

            “It shall be an unlawful employment practice for an employer… to fail or refuse to hire or to
            discharge any individual, or otherwise to discriminate against any individual with respect
            to his compensation, terms, conditions, or privileges of employment, because of such
            individual’s race, color, religion, sex, or national origin.37




32 Marketplace, Chelsea Wald, Shelf Life, What happened to America’s public toilets?, April 13, 2021,

https://www.marketplace.org/2021/04/13/what-happened-to-americas-public-toilets/ (last visited Mar. 22, 2023).
33 Id.
34 29 CFR 1910.141(c)(1)(i).
35 Americans with Disabilities Act, ADA Title III Technical Assistance Manual, Covering Public Accommodations and Commercial

Facilities, https://archive.ada.gov/taman3.html; The ADA-Compliant Restroom, https://www.buildings.com/ada-
compliance/article/10191973/the-ada-compliant-restroom; ADACP, ADA guidelines for restroom accessibility
https://adacompliancepros.com/ada-guidelines-for-restroom -accessibility/
36 The term "transgender" is an "umbrella term for people whose gender identity and/or gender expression differs from what is

typically associated with the sex they were assigned at birth." Definition from the GLAAD Media Reference Guide,
http://www.glaad.org/reference/transgender (last visited Mar. 19, 2023).
37 42 U.S.C. §§ 2000e - 2000e17 (as amended).
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         Title VII applies to employers in both the private and public sectors that have 15 or more employees. It
         also applies to the federal government, employment agencies, and labor organizations.

         Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). The Attorney General,
         through the Employment Litigation Section (ELS) of the DOJ brings lawsuits under Title VII against
         state and local government employers after the EEOC refers a complaint to the DOJ and investigates
         employers when there is reason to believe that an employer’s policy or practice discriminates against a
         group of job applicants or employees based on their race, color, religion, sex (including sexual
         orientation and gender identity), or national origin.38

         Title IX of the Education Amendments of 1972

         The U.S. Department of Education (USDOE) Office for Civil Rights (OCR) enforces, among other
         statutes, Title IX of the Education Amendments of 1972,39 which protects people from discrimination
         based on sex in education programs or activities that receive federal financial assistance. Title IX
         states:

            No person in the United States shall, on the basis of sex, be excluded from participation
            in, be denied the benefits of, or be subjected to discrimination under any education
            program or activity receiving Federal financial assistance.40

         Title IX applies to schools, local and state educational agencies, and other institutions that receive
         federal financial assistance from the USDOE. These recipients include approximately 17,600 local
         school districts, over 5,000 postsecondary institutions, and charter schools, for-profit schools, libraries,
         and museums. Also included are vocational rehabilitation agencies and education agencies of 50
         states, the District of Columbia, and territories of the United States. 41 Title IX is enforced through
         private causes of action against the federal funding recipient, and by federal agencies that provide
         funding to the educational programs or activities.42

         Guidance by Federal Agencies

         Since 2016, the USDOE and DOJ have issued multiple guidance documents addressing whether Title
         IX and Title VII apply to claims of discrimination in programs or activities based on gender identity or
         sexual orientation.

         In 2016, the DOJ and USDOE issued a letter43 containing “significant guidance” on how the
         departments applied sex discrimination protections under Title IX to transgender students, including
         access to restrooms, locker rooms, and similar facilities. Litigation challenging the enforceability of its
         protections providing access to restrooms and other facilities that match a student’s gender identity




38 U.S. Department of Justice Employment      Litigation Section, Laws We Enforce, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,
https://www.justice.gov/crt/laws -we-
enforce#:~:text=The%20Attorney%20General%2C%20through%20ELS,to%20the%20Depart ment%20of%20Justice. (last visited
Mar. 20, 2023).
39 20 U.S.C. 1681 through 1688; Pub. L. 100-259, 102 Stat. 28 (Mar. 22, 1988).
40 20 U.S.C. § 1681(a).
41 U.S. Department of Education Office of Civil Rights, Title IX and Sex Discrimination,

https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html (last visited Mar. 20, 2023).
42 Title IX is not the exclusive remedy for victims of sex discrimination in schools. In matters pertaining to public colleges,

universities, or school districts, 42 U.S.C. § 1983 provides an avenue for relief against state actors who deprive individuals of a
constitutional right. The Supreme Court has held that Title IX does not displace the availability of § 1983 claims based on the Equal
Protection Clause for plaintiffs alleging gender discrimination in schools. Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246, 248
(2009).
43 U.S. Department of Education, Dear Educator (June 23, 2021),

https://www2.ed.gov/about/offices/list/ocr/correspondence/stakeholders/educator-202106-tix.pdf (last visited Mar. 20, 2023).
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        ensued.44 In 2017, the DOE and the DOJ rescinded the letter.45 The rescission letter indicated that the
        original letter caused extensive litigation regarding school restrooms and locker rooms and pointed to
        regard for the primary role of the States and local school districts in establishing educational policy. 46

        In 2021, President Biden signed an executive order addressing implementation of non-discrimination47
        protections 48 on the basis of “sex” related to Title IX and Title VII.49, The executive order cited the 2020
        U.S. Supreme Court Bostock decision50 as the basis. However, the Supreme Court did not state that
        “gender identity” is a protected characteristic. Instead, it held that discrimination on the basis of
        “transgender status” is a form of sex discrimination. The court did not provide a definition for
        transgender status.51 The USDOE52 issued guidance and the EEOC53 issued Technical Assistance
        Document indicated that USDOE and EEOC would enforce Title VII and Title IX to require transgender
        persons to be allowed to use facilities (restrooms, locker rooms, etc.) consistent with their gender
        identity.54

        In 2021, 20 states filed suit against the USDOE, the EEOC and the DOJ, alleging that the guidance
        documents and Technical Assistance Document were unlawful. 55 On July 15, 2022, the U.S. District
        Court for the Eastern District of Tennessee entered a preliminary injunction barring the EEOC and the
        USDOE from enforcing guidance documents issued to interpret Title VII and Title IX to prohibit
        discrimination based on sexual orientation and gender identity. 56 In March of 2022, the State of Texas
        filed suit, arguing that the EEOC guidance does not coincide with law because it diverges from the
        stated protections of Title VII as interpreted through Bostock. 57 In October, 2022, the U.S. District Court
        for the Northern District of Texas held that the EEOC guidance addressing sexual orientation and
        gender identity discrimination in the workplace is unlawful. The Court granted the state’s request
        for declaratory judgment, declared the guidance unlawful, and vacated the guidance on a nationwide
        basis.58

        In June 2022, the USDOE released proposed changes to Title IX regulations for public comment
        extending Title IX’s prohibition on discrimination based on sex to sexual orientation and gender identity,
        giving such protections to transgender students.59

        Cases Related to State and Local Policies


44 U.S. Department of Education, Dear Colleague Letter on Title IX Coordinators,

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201504-title-ix-coordinators.pdf (last visited Mar. 20, 2023).
45 Jackson Lewis, Trump Administration Rescinds Guidance on Transgender Rights under Title IX,

https://www.jacksonlewis.com/publication/trump-administration-rescinds-guidance-transgender-rights-under-title-ix (last visited Mar.
20, 2023).
46 U.S. Department of Justice and U.S. Department of Education, Dear Colleague Letter (Feb. 22, 2017),

http://i2.cdn.turner.com/cnn/2017/images/02/23/ 1atransletterpdf022317.pdf (Last visited Mar. 2023).
47 U.S. Department of Justice, Civil Rights Division, MEMORANDUM TO: Federal Agency Civil Rights Directors and General

Counsels, https://www.justice.gov/crt/page/file/1383026/download (last visited Mar. 19, 2023).
48 34 C.F.R. ch. I.
49 Executive Order 13988.
50 Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 1737 (2020).
51 Id.
52 U.S. Department of Education and U.S. Department of Justice, Confronting Anti-LGBTQI+ Harassment in Schools,

https://www2.ed.gov/about/offices/list/ocr/docs/ocr-factsheet-tix-202106.pdf (last visited Mar. 20, 2023).
53 U.S. Equal Employment Opportunity Commission, Protection s Against Employment Discrimination Based on Sexual Orientation or

Gender Identity, https://www.eeoc.gov/laws/guidance/protections-against-employment-discrimination-based-sexual-orientation-or-
gender (last visited Mar. 20, 2023); See also, JD Supra, District Court Enjoins EEOC and Department of Education Guidance
Protecting LGBTQ Rights, https://www.jdsupra.com/legalnews/district-court-enjoins-eeoc-and-7385661/ (last visited Mar. 20, 2023).
54 Id.
55 Tennessee. et al. v. U.S. Dep’t of Educ. et al., Case No. 3:21-cv-308 (E.D. Tenn.).
56 Id.
57 State of Texas v. EEOC, Case No. 2:21-cv-00194-Z.
58 Id.
59 U.S. Department of Education, The U.S. Department of Education Releases Proposed Changes to Title IX Regulations, Invites

Public Comment, https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-
invites-public-comment (last visited Mar. 20, 2023).
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         In June 2020, the U.S. Supreme Court issued its opinion in Bostock v. Clayton County, holding that
         under Title VII, prohibited “sex” discrimination includes prohibiting employers from discriminating
         against employees because of an individual’s sexual orientation or gender identity. The Court reached
         its conclusion by interpreting the Title VII’s statutory language, particularly the phrase “based on sex.”
         The Court noted that it was only addressing the question of whether employees could be fired under
         Title VII for their LGBTQ status and was not addressing issues such as “restrooms, locker rooms… or
         anything else of the kind.”60

         In 2020, the U.S. Fourth Circuit Court of Appeals determined that a Maryland local school board’s
         policy refusing to allow a transgender student to use the school restroom that corresponds with their
         gender identity violated both the Fourteenth Amendment Equal Protection Clause61 and Title IX. The
         court further held that the school’s refusal to amend the student’s school records 62 to accurately reflect
         gender, in accordance with driver’s license and birth certificate information, also violated the Equal
         Protection Clause and Title IX.63 In 2021, the U.S. Supreme Court declined to hear the case, leaving
         the appellate court decision in place, which says the school district discriminated against a transgender
         student by not permitting the student to use a certain restroom at school.64

         In 2022, the U.S. Eleventh Circuit Court of Appeals determined that a Florida local school board’s
         policy requiring students to use the restroom corresponding to their biological sex was proper based
         on both the U.S. Constitution and Title IX.65 The majority opinion provided that Title IX allows schools to
         provide separate restrooms on the basis of biological sex.66 However, the dissenting opinions indicated
         that the restroom policy was discriminatory because "[u]nderlying this sex-assigned-at-matriculation
         restroom policy, … is the presumption that biological sex is accurately determinable at birth and that it
         is a static or permanent biological determination.” 67

         In October, 2022, the Florida State Board of Education adopted a rule requiring that if a school board or
         charter school governing board has a policy or procedure that allows for separation of restrooms or
         locker rooms according to some criteria other than biological sex at birth, the policy or procedure
         must be posted on the district’s website or charter school’s website, and must be sent by mail to
         student residences to fully inform parents. 68 The rule went into effect on November 22, 2022.69


         Domestic Violence Centers

         Florida law governing domestic violence70 requires the Department of Children and Families (DCF) to
         operate the domestic violence program and coordinate and administer statewide activities related to the
         prevention of domestic violence.71 DCF is responsible for providing services to victims of domestic
         violence and their families, including, but not limited to, certifying and monitoring domestic violence
         centers.72

60 Bostock v. Clayton County, Georgia, 590 U.S. __, 140 S. Ct. 1731, 1737 (2020).
61 The Fourteenth Amendment Equal Protection Clause provides that no state shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or proper ty, without due
process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
62 U.S. Department of State, Bureau of Consular Affairs, Gender Reassignment Applicants,

http://travel.state.gov/content/passports/english/passports/information/gender.html (last visited Mar. 19, 2023).
63 Grimm v. Gloucester County School Board, 972 F.3d 586 (Aug. 20, 2020).
64 U.S. Supreme Court, Order List: 594 U.S. (June 28, 2021), 20-1163 GLOUCESTER COUNTY SCHOOL BOARD V. GRIMM,

GAVIN The petition for a writ of certiorari is denied, https://www.supremecourt.gov/orders/courtorders/062821zor_6j37.pdf (last
visited Mar. 20, 2023).
65 Drew Adams v. School Board of St. John’s County, Florida , No. 18-13592 (December 30, 2022).
66 Florida Department of Highway Safety and Motor Vehicles, Gender Reassignment, http://fdhsmv.rapidinsites.com/answer/gender-

reassignment (last visited Mar. 19, 2023).
67 Id.
68 R. 64V-1.002, F.A.C.
69 R. 6A-10.086, F.A.C.
70 Ch. 39, part XII, F.S.
71 S. 39.903(1), F.S.
72 S. 39.901(2), F.S.
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          A “domestic violence center” is defined as an agency that provides services to victims of domestic
          violence as its primary mission.73 According to the DCF Office of Domestic Violence, Florida has 41
          certified domestic violence centers, which offer temporary emergency shelter, advocacy, and crisis
          intervention services to provide victims with the resources necessary to be safe and live free of
          violence. Such services include:74
               24-Hour Hotline.
               Temporary Emergency Shelter.
               Safety Planning.
               Information and Referrals.
               Counseling and Case Management.
               Nonresidential Outreach Services.
               Training for Law Enforcement Personnel.
               Needs Assessments and Referrals for Resident Children.
               Educational Services for Community Awareness Related to domestic violence and Available
                   Services/Resources for Survivors.

          DCF employees and domestic violence center employees or volunteers are prohibited from disclosing
          the location of a center or any records relating to domestic violence center clients, as such information
          is deemed confidential and exempt from disclosure under the public records laws in ch. 119, F.S.
          Violations are a second degree misdemeanor for a first offense and third degree felony for subsequent
          offenses.75

          Correctional Institutions

          Florida’s correctional system, under the jurisdiction of the Florida Department of Corrections (DOC),76 is
          the third largest state corrections system in the U.S. and the largest state agency in Florida. 77 The
          purpose of the DOC is to:
               Protect the public through the incarceration and supervision of offenders;
               Rehabilitate offenders;
               Provide a safe and humane environment for offenders and staff; and
               Protect offenders from victimization within the institution.78

          According to the DOC, inmates are transported from a county jail or enter the system through one of
          five receptions centers located throughout the state. Upon arrival at a reception center, an inmate is
          processed, tested, evaluated by health services, assessed for rehabilitative program needs, at which
          point custody and housing is determined.79

          As of March 2022, the DOC housed 80,917 inmates in its facilities and was responsible for an
          additional 86,391 offenders on active community supervision. Prior to the COVID-19 pandemic, the
          DOC incarcerated approximately 94,000 inmates.80

          The state pays for the vast majority of prison beds in the Florida. However, it receives some funding
          from the federal government in the form of grants. One grant comes from the state’s compliance with


73 S. 39.902(2),   F.S.
74 Florida Department of Children and Families, Office of Domestic Violence,Domestic Violence Services,
https://www.myflfamilies.co m/services/abuse/domestic-violence/office-domestic-violence (last visited Apr. 6, 2023).
75 S. 39.9057, F.S.
76 See ch. 944, F.S.
77 Florida Department of Corrections, Strategic Plan & Annual Report (2021-2024), http://www.dc.state.fl.us/pub/annual/1819/2020-

2021-Strategic-Plan.pdf (last visited Mar. 29, 2023).
78 S. 20.315(1), F.S.
79 Florida Department of Corrections, Strategic Plan & Annual Report (2021-2024), http://www.dc.state.fl.us/pub/annual/1819/2020-

2021-Strategic-Plan.pdf (last visited Mar. 29, 2023).
80 Office of Program Policy Analysis and Government Accountability (OPPAGA), Department of Corrections,

https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=1074 (last visited Mar. 29, 2023).
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         the federal Prison Rape Elimination Act (PREA),81 which was created to eliminate sexual abuse in
         confinement facilities. Florida receives a PREA allocation as part of the Edward Byrne Memorial Justice
         Assistance Grant (JAG) program. The grant has varied over the years between $150,000 to $180,000.

         Under PREA program, all funds must be used to implement initiatives to reduce, eliminate, and/or
         mitigate the risk of prison rape.82 PREA includes forty-three standards that define three clear goals: to
         prevent, detect and respond to sexual abuse.

         PREA provides that if a state that does not certify full compliance with the PREA standards it is subject
         to the loss of certain U.S. Department of Justice (DOJ) grant funds that it would otherwise receive for
         prison purposes.83 Failure to follow PREA would make Florida subject to the loss of 5 percent of any
         DOJ grant funds that it would otherwise receive for prison purposes. As of the Fiscal Year 2022
         reporting cycle, Florida has certified that it is in full compliance. 84

         Proposed Changes

         The bill creates the "Safety in Private Spaces Act."

         The bill provides the intent that “females and males should be provided restrooms and changing
         facilities for their exclusive use in order to maintain public safety, decency, and decorum.”

         The bill defines the following terms:
             "Changing facility" means a room in which two or more persons may be in a state of undress in
                 the presence of others, including, but not limited to, a dressing room, fitting room, locker room,
                 changing room, or shower room.
             "Correctional institution" means any state correctional institution as defined in s. 944.02, F.S.,
                 juvenile detention center or residential program as described in s. 985.03, F.S., county or
                 municipal detention facility as defined in s. 951.23, F.S., private correctional facility as defined in
                 s. 944.710, F.S., or any other facility used for the detention of adults or juveniles charged with or
                 convicted of a crime.
             "Covered entity" means any:
                     o Educational institution, as defined in s. 768.38, F.S.
                     o Public accommodations, as defined in s. 760.02(11), F.S.
                     o Public shelter space under s. 252.385, F.S.
                     o Service provider, as defined in s. 397.311(44), F.S.
                     o Health care facility, which means:
                              Provider as defined in s. 408.803, F.S.;
                              Provider with an active health care clinic exemption under s. 400.9935, F.S.;
                              Continuing care facility with a certificate of authority under chapter 651, F.S.;
                              Optical establishment permitted under s. 484.007, F.S.;
                              Massage establishment licensed under s. 480.043, F.S.;
                              Pharmacy as defined in s. 465.003, F.S.;
                              Office described in s. 459.0138, F.S., which is required to register with the
                                  Department of Health;
                              Pain-management clinic registered under s. 458.3265, F.S.;
                              Electrolysis facility licensed under 478.51, F.S.;
                              Health care setting owned or operated by a health care practitioner as defined in
                                  s. 456.001, F.S.; or
                              Provider licensed under ch. 394, ch. 397, or part IV of ch. 468, F.S.

81 34 U.S.C. 30301(1).
82 Florida Department of Law Enforcement, Office of Criminal   Justice Grants, Prison Rape Elimination Act (PREA)
https://www.fdle.state.fl.us/Grants/Programs/PREA.aspx#:~:text=Florida%20receives%20a%20PREA%20allo cation,the%20risk%20
of%20prison%20rape. (last visited April 5, 2023).
83 34 U.S.C. 30307(e).
84 US Department of Justice, Bureau of Justice Assistance, Prison Rape Elimination Act (PREA), Overview,

https://bja.ojp.gov/doc/fy22-prea-certification-assurance-submissions.pdf

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                   "Female" means a person belonging, at birth, to the biological sex which has the specific
                    reproductive role of producing eggs.
                   "Male" means a person belonging, at birth, to the biological sex which has the specific
                    reproductive role of producing sperm.
                   "Restroom" means a room that includes one or more water closets. This term does not include a
                    unisex restroom.
                   "Sex" means the classification of a person as either female or male based on the organization
                    of the body of such person for a specific reproductive role, as indicated by the person's sex
                    chromosomes, naturally occurring sex hormones, and internal and external genitalia present at
                    birth.
                   "Unisex changing facility" means a room intended for a single-occupant or a family in which one
                    or more persons may be in a state of undress, including, but not limited to, a dressing room,
                    fitting room, locker room, changing room, or shower room that is enclosed in floor-to-ceiling
                    walls and accessed by a full door with a secure lock that prevents another individual from
                    entering while the changing facility is in use.
                   "Unisex restroom" means a room that includes one or more water closets that is intended for a
                    single-occupant, or a family, and the room is enclosed in floor-to-ceiling walls and accessed by
                    a full door with a secure lock that prevents another individual from entering while the room is in
                    use.
                   "Water closet" means a toilet or urinal.

         The bill requires a covered entity that maintains a water closet to, at a minimum, have:
             A restroom designated for exclusive use by females and a restroom designated for exclusive
                 use by males; or
             A unisex restroom.

         The bill requires a covered entity that maintains a changing facility to, at a minimum, have:
             A changing facility designated for exclusive use by females and a changing facility designated
                 for exclusive use by males; or
             A unisex changing facility.

         The bill authorizes a person to enter a restroom or changing facility designated for the opposite sex
         under the following circumstances:
             To accompany another person of the opposite sex for the purpose of assisting or chaperoning a
                 minor child, elderly person, or disabled person.
             For law enforcement or governmental regulatory purposes.
             To render emergency medical assistance or to intervene in any other emergency situation
                 where the health or safety of another person is at risk.
             For custodial, maintenance, or inspection purposes, provided that the restroom or changing
                 facility is not in use.
             If the appropriate designated restroom or changing facility is out of order or under repair and the
                 opposite designated restroom or changing facility contains no person of the opposite sex.

         The bill makes it a second degree misdemeanor for a person 18 years of age or older to:
             Willfully enter, for a purpose other than those allowed, a restroom or changing facility
                 designated for the opposite sex; and
             Refuse to immediately depart when asked to do so by another person present in the restroom
                 or changing facility.

         A second degree misdemeanor is punishable by a term of up to 60 days imprisonment and a $500
         fine.85

         The bill requires each educational institution to establish in its code of student conduct disciplinary
         procedures for any person under 18 years of age who:

85 Ss. 775.082,   and 775.083, F.S.
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              Willfully enters, for a purpose other than those purposes allowed, an educational institution
               restroom or changing facility designated for the opposite sex; and
              Refuses to immediately depart when asked to do so by another person present in the restroom
               or changing facility.

       The bill requires a domestic violence center under chapter 39, F.S., to provide separate overnight
       accommodations for females and males based on their sex. This requirement does not apply to mixed-
       sex family units.

       The bill requires a correctional institution to house females and males in its custody separately, based
       on their sex. This requirement applies to all housing assignments in a correctional institution, including
       temporary assignments.

       The bill requires covered entities that are required to obtain a license to operate in the state to submit
       documentation regarding compliance with the requirements for water closets and changing facilities, as
       applicable, upon initial application for such license or on first renewal after July 1, 2023. Failure to
       comply can result in licensure or regulatory disciplinary action, as applicable.

       The bill exempts individuals born with a genetically or biochemically verifiable disorder of sex
       development, including, but not limited to, 46,XX disorder of sex development; 46,XY disorder of sex
       development; sex chromosome disorder of sex development; XX or XY sex reversal; and ovotesticular
       disorder.

       The bill authorizes the Attorney General to:
           Bring a civil action to enforce these provisions against any covered entity.
           Seek injunctive relief.
           Seek to impose a fine of up to $10,000 for any covered entity found to have willfully violated
               these provisions.

       The bill directs fines collected to be deposited in the General Revenue Fund.

       The bill provides severability.

   B. SECTION DIRECTORY:
       Section 1:     Creates s. 553.865, F.S.; providing requirements for exclusive use of restrooms and
                      changing facilities based on sex.

       Section 2:     Provides severability.

       Section 3:     Provides an effective date.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           Indeterminate. The Attorney General is authorized to impose a fine of up to $10,000 for violations.
           Fines collected must be deposited in the General Revenue Fund.

       2. Expenditures:
           Indeterminate.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
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              None.

         2. Expenditures:
              Indeterminate.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         Indeterminate.

    D. FISCAL COMMENTS:
         None.

                                                           III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
            action requiring the expenditures of funds; reduce the authority that counties or municipalities have
            to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
            municipalities.

         2. Other:
            This bill may implicate the Equal Protection Clause of the United States Constitution 86 and/or the
            similar clause in the Florida Constitution.87 In general, sex-based discrimination by a state
            government is subject to intermediate scrutiny. This standard requires the government to show that
            its gender classification is substantially related to a sufficiently important government interest. 88

            Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments Act of 1972, which
            prohibit discrimination on the basis of sex, may be implicated. The U.S. Supreme Court has found
            that under Title VII, prohibited “sex” discrimination includes prohibiting employers from discriminating
            against employees because of an individual’s sexual orientation or gender identity. In this case, the
            Court noted that it was only addressing the question of whether employees could be fired under Title
            VII for their LGBTQ status and not issues such as “restrooms, locker rooms… or anything else of the
            kind.”89

            A recent en banc decision by the U.S. Eleventh Circuit Court of Appeals determined that a Florida
            school board’s policy requiring students to use the restroom corresponding to their biological sex
            comports with both the U.S. Constitution and Title IX. 90 The ruling creates a potential “circuit split”
            among the nation’s federal appeals courts because both the Seventh Circuit and the Fourth Circuit
            have ruled in favor of students wishing to use the restroom facilities consistent with their “gender
            identity” rather than their sex at birth. Such circuit splits make it more likely that the U.S. Supreme
            Court may take up the issue to ensure uniformity among the circuits on the issue.

    B. RULE-MAKING AUTHORITY:
         Covered state agencies may need to promulgate new or revise existing rules to implement the
         requirements of the bill.



86 The 14th Amendment reads in pertinent part: "No State shall make or enforce any law which shall . . . deny to an y person within its

jurisdiction the equal protection of the laws."
87 Article I, s. 2, Fla. Const., reads in pertinent part: "All natural persons, female and male alike, are equal before the law…"
88 Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).
89 Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 1737 (2020).
90 Drew Adams v. School Board of St. John’s County, Florida , No. 18-13592 (December 30, 2022).
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   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The sponsor has indicated that an amendment will be filed that will clarify applicability.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 28, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one
   amendment and reported the bill favorably as a committee substitute. The committee substitute provides
   an exception for individuals born with a certain verifiable disorder of sex development.

   This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
   Development Subcommittee.




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           CS/HB 1521                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to facility requirements based on sex;
    3              creating s. 553.865, F.S.; providing a short title;
    4              providing legislative findings; providing definitions;
    5              providing requirements for exclusive use of restrooms
    6              by gender; providing requirements for exclusive use of
    7              changing facilities by gender; providing exceptions;
    8              prohibiting willfully entering a restroom or changing
    9              facility designated for the opposite sex and refusing
10                 to immediately depart when asked to do so by another
11                 person present there; providing criminal penalties;
12                 providing requirements for exclusive use of domestic
13                 violence centers by gender; providing requirements for
14                 correctional institutions; requiring entities that
15                 receive state licenses to submit compliance
16                 documentation; authorizing the Attorney General to
17                 bring enforcement actions; authorizing civil
18                 penalties; providing for certain funds to be deposited
19                 in the General Revenue Fund; providing an exception
20                 for individuals born with certain genetically or
21                 biochemically verifiable disorders of sex development;
22                 providing severability; providing an effective date.
23
24         Be It Enacted by the Legislature of the State of Florida:
25

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        CS/HB 1521                                                                                           2023




26              Section 1.         Section 553.865, Florida Statutes, is created
27      to read:
28              553.865        Private spaces.—
29              (1)         This section may be cited as the "Safety in Private
30      Spaces Act."
31              (2)         The Legislature finds that females and males should be
32      provided restrooms and changing facilities for their exclusive
33      use in order to maintain public safety, decency, and decorum.
34              (3)         As used in this section, the term:
35              (a)         "Changing facility" means a room in which two or more
36      persons may be in a state of undress in the presence of others,
37      including, but not limited to, a dressing room, fitting room,
38      locker room, changing room, or shower room.
39              (b)         "Correctional institution" means any state
40      correctional institution as defined in s. 944.02, juvenile
41      detention center or residential program as described in s.
42      985.03, county or municipal detention facility as defined in s.
43      951.23, private correctional facility as defined in s. 944.710,
44      or any other facility used for the detention of adults or
45      juveniles charged with or convicted of a crime.
46              (c)         "Covered entity" means any:
47              1.      Educational institution, as defined in s. 768.38.
48              2.      Public accommodations, as defined in s. 760.02(11).
49              3.      Public shelter space under s. 252.385.
50              4.      Service provider, as defined in s. 397.311(44).

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        CS/HB 1521                                                                                           2023




51              5.      Health care facility, which means any provider as
52      defined in s. 408.803; a provider with an active health care
53      clinic exemption under s. 400.9935; a continuing care facility
54      with a certificate of authority under chapter 651; an optical
55      establishment permitted under s. 484.007; a massage
56      establishment licensed under s. 480.043, a pharmacy as defined
57      in s. 465.003, an office described in s. 459.0138 which is
58      required to register with the Department of Health; a pain -
59      management clinic registered under s. 458.3265; an electrolysis
60      facility licensed under 478.51; or any health care setting owned
61      or operated by a health care practitioner as defined in s.
62      456.001 or a provider licensed under chapter 394, chapter 397,
63      or part IV of chapter 468.
64              (d)         "Female" means a person belonging, at birth, to the
65      biological sex which has the specific reproductive role of
66      producing eggs.
67              (e)         "Male" means a person belonging, at birth, to the
68      biological sex which has the specific reproductive role of
69      producing sperm.
70              (f)         "Restroom" means a room that includes one or more
71      water closets. This term does not include a unisex restroom.
72              (g)         "Sex" means the classification of a person as either
73      female or male based on the organization of the body of such
74      person for a specific reproductive role, as indicated by the



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        CS/HB 1521                                                                                           2023




75      person's sex chromosomes, naturally occurring sex hormones, and
76      internal and external genitalia present at birth.
77              (h)         "Unisex changing facility" means a room intended for a
78      single-occupant or a family in which one or more persons may be
79      in a state of undress, including, but not limited to, a dressing
80      room, fitting room, locker room, changing room, or shower room
81      that is enclosed in floor-to-ceiling walls and accessed by a
82      full door with a secure lock that prevents another individual
83      from entering while the changing facility is in use.
84              (i)         "Unisex restroom" means a room that includes one or
85      more water closets that is intended for a single-occupant, or a
86      family, and the room is enclosed in floor-to-ceiling walls and
87      accessed by a full door with a secure lock that prevents another
88      individual from entering while the room is in use.
89              (j)         "Water closet" means a toilet or urinal.
90              (4)         A covered entity that maintains a water closet must,
91      at a minimum, have:
92              (a)         A restroom designated for exclusive use by females and
93      a restroom designated for exclusive use by males; or
94              (b)         A unisex restroom.
95              (5)         A covered entity that maintains a changing facility
96      must, at a minimum, have:
97              (a)         A changing facility designated for exclusive use by
98      females and a changing facility designated for exclusive use by
99      males; or

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         CS/HB 1521                                                                                           2023




100               (b)         A unisex changing facility.
101               (6)         For purposes of this section, a person may enter a
102      restroom or changing facility designated for the opposite sex
103      under the following circumstances:
104               (a)         To accompany another person of the opposite sex for
105      the purpose of assisting or chaperoning a minor child, elderly
106      person, or disabled person.
107               (b)         For law enforcement or governmental regulatory
108      purposes;
109               (c)         For the purpose of rendering emergency medical
110      assistance or to intervene in any other emergency situation
111      where the health or safety of another person is at risk;
112               (d)         For custodial, maintenance, or inspection purposes,
113      provided that the restroom or changing facility is not in use;
114      or
115               (e)         If the appropriate designated restroom or changing
116      facility is out of order or under repair and the opposite
117      designated restroom or changing facility contains no person of
118      the opposite sex.
119               (7)         A person 18 years of age or older who willfully
120      enters, for a purpose other than those listed in subsection (6),
121      a restroom or changing facility designated for the opposite sex
122      and refuses to immediately depart when asked to do so by another
123      person present in the restroom or changing facility commits a



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         CS/HB 1521                                                                                           2023




124      misdemeanor of the second degree, punishable as provided in s.
125      775.082 or s. 775.083.
126              (8)         Each educational institution shall establish in its
127      code of student conduct disciplinary procedures for any person
128      under 18 years of age who willfully enters, for a purpose other
129      than those listed in subsection (6), an educational institution
130      restroom or changing facility designated for the opposite sex
131      and refuses to immediately depart when asked to do so by another
132      person present in the restroom or changing facility.
133              (9)         A domestic violence center under chapter 39 must
134      provide separate overnight accommodations for females and males
135      based on their sex. This requirement does not apply to mixed -sex
136      family units.
137              (10)        A correctional institution must house females and
138      males in its custody separately, based on their sex. This
139      requirement applies to all housing assignments in a correctional
140      institution, including temporary assignments.
141              (11)(a)        A covered entity that is required to obtain a
142      license to operate in the state shall submit documentation
143      regarding compliance with subsections (4) and (5), as
144      applicable, upon initial application for such license or on
145      first renewal after July 1, 2023.
146              (b)         A covered entity that fails to comply with subsection
147      (4) or subsection (5) shall be subject to penalties under



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         CS/HB 1521                                                                                           2023




148      paragraph (c) and is subject to licensure or regulatory
149      disciplinary action, as applicable.
150              (c)         The Attorney General may bring a civil action to
151      enforce this section against any covered entity. The Attorney
152      General may seek injunctive relief, and, for any covered entity
153      found to have willfully violated this section, the Attorney
154      General may seek to impose a fine of up to $10,000.
155              (d)         Fines collected pursuant to paragraph (c) must be
156      deposited in the General Revenue Fund.
157              (12)        This section does not apply to an individual born
158      with a genetically or biochemically verifiable disorder of sex
159      development, including, but not limited to, 46,XX disorder of
160      sex development; 46,XY disorder of sex development; sex
161      chromosome disorder of sex development; XX or XY sex reversal;
162      and ovotesticular disorder.
163              Section 2.         If any provision of this act or its application
164      to any person or circumstances is held invalid, the invalidity
165      does not affect other provisions or applications of the act
166      which can be given effect without the invalid provision or
167      application, and to this end the provisions of this act are
168      severable.
169              Section 3.         This act shall take effect July 1, 2023.




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HB 7041
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 7041      PCB RRS 23-01 Space Florida
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Sirois
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Regulatory Reform & Economic                   14 Y, 0 N               Thompson           Anstead
       Development Subcommittee

    1) Commerce Committee                                                               Thompson           Hamon


                                              SUMMARY ANALYSIS
Established by the Legislature in 2006, Space Florida was created to promote and foster the growth and
development of a sustainable and world-leading aerospace industry in this state. Space Florida is an
independent special district and subject to the provisions of the Uniform Special District Accountability Act,
which governs such issues as operations, financial reporting, taxation, assessments, elections, compliance
with general law, and comprehensive planning. Space Florida officials and employees are subject to public
notice and ethics requirements for officials and employees with few exceptions.

Space Florida is governed by a 13 member independent board of directors (Board), consisting of the 12 private
sector members of the Enterprise Florida, Inc. (EFI), board of directors, who are appointed by the Governor,
President of the Senate, and Speaker of the House of Representatives, plus the Governor or Governor’s
designee, who is a voting member and serves as the chair.

The bill revises provisions governing Space Florida to increase collaboration with public and private
stakeholders regarding spaceport activities, enhance transparency measures regarding spaceport projects,
and makes several revisions to the Board. In part, the bill:
     Separates the Board from the EFI board, establishes membership and appointment criteria, term
        lengths, prohibits compensation, provides per diem and travel limits, allows electronic meetings, and
        provides quorum requirements.
     Requires Space Florida to:
            o Solicit input on Space Florida plans and activities from the aerospace industry, private sector
                spaceport territory stakeholders, each entity that owns or has ownership interest in a facility
                within spaceport territory, and other political subdivisions within spaceport territory.
            o Solicit input from certain federal aerospace entities and political subdivisions that own facilities
                within spaceport territory regarding the spaceport master plan.
            o Include additional economic data in the Space Florida annual report to the Governor and
                Legislature.
            o Explain certain travel and entertainment expenditures and address recent audit findings.
            o Assess and report on contracts with service organizations.
     Includes Space Florida among the list of economic development programs scheduled to be reviewed
        and analyzed by the Office of Economic and Demographic Research (EDR) and the Office of Program
        Policy Analysis and Government Accountability (OPPAGA).
     Adds Space Florida as an entity that the Department of Economic Opportunity (DEO) has contract
        authority over and requires DEO’s annual repot to include Space Florida information.
     Requires the Board to conduct new member training using DEO’s board member training program.

The bill does not appear to have a significant fiscal impact on state or local government.

The effective date of the bill is July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Space Florida

         In 2006, the Legislature passed the Space Florida Act,1 which consolidated Florida’s three existing
         space entities, the Florida Space Authority, the Florida Space Research Institute, and the Florida
         Aerospace Finance Corporation, into a single entity called Space Florida.2 Space Florida is established
         as an independent special district, a body politic and corporate, and a subdivision of the state, to foster
         the growth and development of a sustainable and world-leading aerospace industry in the state. Space
         Florida has all the powers, rights, privileges, and authority as provided under the laws of this state.3

         Space Florida acts as Florida’s point of contact for state aerospace-related activities with federal
         agencies, the military, state agencies, businesses, and the private sector. 4 Space Florida is authorized
         to purchase or construct facilities, set rates, fees, and charges for the use of facilities, and undertake
         joint financing with municipalities or private sector entities for any project. 5

         According to Space Florida’s 2022 Annual Operations Report, as of July 1, 2022, Space Florida had 85
         total projects in development with an estimated value of $2.4 billion in capital investment, and provided
         $4.3 million in funding for 30 research projects, partnerships, and grants.6

         Powers of Space Florida

         In furtherance of its duties, Space Florida is given certain powers, including, but not limited to:7
               Using a corporate seal;
               Using patents, copyrights and trademarks;
               Lending and investing money;
               Acquiring certain properties;
               Executing contracts;
               Issuing revenue bonds;
               Making expenditures for entertainment and travel expenses and business clients, guests, and
                 other authorized persons; and
               Fixing and collecting fees, loan payments, rental payments, and other charges in connection
                 with financing agreements.

         Duties of Space Florida

         In order to implement the Space Florida Act and carry out spaceport operations, Space Florida is given
         certain duties, including, but not limited to, creating a business plan, entering into agreements and
         cooperating with other state agencies, and consulting with appropriate federal agencies. 8

         Specifically, Space Florida is required to:


1 Ch. 2006-60,  Laws of Fla.
2 See ss. 331.301  through 331.371, F.S.
3 S. 331.302, F.S.
4 S. 331.3011, F.S.
5 S. 331.305, F.S.
6 Space Florida, Space Florida Annual Report 2022, https://www.spaceflorida.gov/wp-content/uploads/2023/01/Space-Florida-FY22-

Annual-Operating-Report.pdf (last visited Feb. 27, 2023).
7 S. 331.305, F.S.
8 S. 331.3051, F.S.
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                    Enter into agreements with the Department of Education (DOE), the Department of
                     Transportation (DOT), Enterprise Florida, Inc. (EFI), and CareerSource Florida, Inc. (CSF).9
                    In cooperation with EFI, develop a plan to retain, expand, attract, and create aerospace industry
                     entities, public or private, which results in the creation of high-value-added businesses and jobs
                     in this state.10
                    Develop, in cooperation with EFI, a plan to provide financing assistance to aerospace
                     businesses.11
                    Carry out its responsibilities for spaceport operations by: 12
                          o Seeking federal support and developing partnerships to renew and upgrade the
                              infrastructure and technologies at the Cape Canaveral Air Force Station, the John F.
                              Kennedy Space Center, and the Eastern Range.
                          o Supporting federal efforts to clarify roles and responsibilities of federal agencies in an
                              effort to streamline access for commercial launch users.
                          o Pursuing the development of commercial spaceports in the state in partnership with
                              counties or municipalities, the Federal Government, or private entities.
                          o Promoting and facilitating launch activity within the state by supporting and assisting
                              commercial launch operators’ interactions with federal agencies for launching from
                              Florida.
                          o Consulting, as necessary, with the appropriate federal, state, and local authorities,
                              including the National Aeronautics and Space Administration (NASA), Federal Aviation
                              Administration (FAA), Department of Defense (DOD), DOT, Florida National Guard, and
                              industry on establishing and operating spaceport infrastructure and facilities in the state.

         Annual Reports

         Space Florida is required to provide an annual report to the Governor, the President of the Senate, and
         the Speaker of the House of Representatives on its performance with respect to its business plan,
         financing, spaceport operations, research and development, workforce development, and education.
         Space Florida is required to submit the report by November 30 for the previous fiscal year. The annual
         report must include operations information from its annual report of operations.13

         Annual Report of Operations

         The Space Florida board of directors is required to prepare an annual report of operations as a
         supplement to the annual report. The report must include, but not be limited to, a balance sheet, an
         income statement, a statement of changes in financial position, a reconciliation of changes in equity
         accounts, a summary of significant accounting principles, the auditor’s report, a summary of the status
         of existing and proposed bonding projects, comments from management about the year’s business,
         and prospects for the next year.14

         Transportation and Public Utilities Facilities

         Space Florida is authorized to:15
             Own, acquire, construct, reconstruct, equip, operate, maintain, extend, or improve
               transportation facilities appropriate to meet the transportation requirements of Space Florida
               and activities conducted within spaceport territory;
             Own, acquire, construct, reconstruct, equip, operate, maintain, extend, or improve electric
               power plants, transmission lines and related facilities, gas mains and facilities of any nature for
               the production or distribution of natural gas, transmission lines and related facilities and plants


9 S. 331.3051(2),  F.S.
10 S. 331.3051(3),  F.S.
11 S. 331.3051(6), F.S.
12 S. 331.3051(7), F.S.
13 S. 331.3051(11), F.S.
14 S. 331.310(2)(e), F.S.
15 S. 331.305(12) and (13), F.S.
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                  and facilities for the generation and transmission of power through traditional and new and
                  experimental sources of power and energy;
                 Purchase electric power, natural gas, and other sources of power for distribution within any
                  spaceport territory;
                 Develop and operate water and sewer systems and waste collection and disposal; 16 and
                 Develop and operate such new and experimental public utilities, including, but not limited to,
                  centrally distributed heating and air-conditioning facilities and services, closed-circuit television
                  systems, and computer services and facilities, as the board may from time to time determine.

         Space Florida Board of Directors

         Space Florida is governed by a 13 member17 independent board of directors (Space Florida Board).
         The Governor, or the Governor’s designee, is a voting member and serves as the chair. 18 The 12
         appointed private sector members of the EFI board of directors also serve, by default, on the Space
         Florida Board and are appointed to four-year terms.19

         The duties of the Space Florida Board include:20
             Adopting rules and orders to conduct the business of Space Florida, the maintenance of
                records, and the form of all documents and records of Space Florida.
             Maintaining an executive office and Space Florida offices in close proximity to the John F.
                Kennedy Space Center.
             Appointing a president of Space Florida, and determining his or her title, functions, duties,
                powers, and salary.
             Abiding by all applicable federal labor laws in the construction and day-to-day operations of
                Space Florida and any spaceport.
             Preparing the annual report of operations as a supplement to its annual report, which is also
                required by law.

         The Space Florida Board is authorized to exercise the following powers: 21
             Enter, and authorize any agent or employee of Space Florida to enter, upon any lands, waters,
               and premises, upon giving reasonable notice and due process to the land owner, for the
               purposes of making surveys, soundings, drillings, appraisals, and examinations necessary to
               perform its duties and functions.
             Execute all contracts and other documents, adopt all proceedings, and perform all acts
               determined by the Space Florida Board to be necessary or desirable to carry out the purposes
               given it in statute.
             Establish and create such departments, committees, or other entities as from time to time the
               Space Florida Board deems necessary or desirable in the performance of any acts or other
               things necessary to the exercise of the powers provided in statute.
             Provide financial services to support aerospace-related business development within the state.
               Financial services may include, but are not limited to:
                   o Insuring, coinsuring, or originating for sale direct aerospace-related loans.
                   o Direct lending.
                   o Guaranteeing and collateralizing loans.
                   o Creating accounts.
                   o Capitalizing, underwriting, leasing, selling, or securing funding for aerospace-related
                       infrastructure.
                   o Investing in permissible securities.
                   o Organizing financial institutions and international bank syndicates.

16 This must be done consistent with ch. 88-130, Laws of Fla.
17 Six members   are appointed by the Governor, three members are appointed by the President of the Senate, and three members are
appointed by the Speaker of the House of Representatives. S. 288.901(5)(a)7., F.S.
18 S. 331.3081, F.S.
19 S. 288.901(5)(a)8., F.S.
20 S. 331.310(2), F.S.
21 S. 331.310(1), F.S.
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                        o      Acquiring, accepting, or administering grants, contracts, and fees from other
                               organizations to perform activities that are consistent with the purposes of Space
                               Florida’s business plan. If the Space Florida Board deems a financial services entity is
                               necessary, the Space Florida Board may create, form, or contract with one or more such
                               entities.
                    Examine, and authorize any officer or agent of Space Florida to examine, the county tax rolls
                     with respect to the assessed valuation of the real and personal property within any spaceport
                     territory.
                    Engage in the planning and implementation of space-related economic and educational
                     development within the state.
                    Provide the strategic direction for the aerospace-related research priorities of the state and its
                     aerospace-related businesses.
                    Execute intergovernmental agreements and development agreements consistent with prevailing
                     statutory provisions, including, but not limited to, special benefits or tax increment financing
                     initiatives.
                    Establish reserve funds for future Space Florida Board operations.
                    Adopt rules to carry out the purposes of the Space Florida Act.

         Travel and Entertainment Expenses

         Notwithstanding the provisions for per diem and travel expenses for public officers, employees, and
         authorized persons, and the statewide travel management system,22 Space Florida is required to adopt
         rules for travel and entertainment expenses that:23
              Make expenditures by advancement or reimbursement, or a combination thereof, to Space
                 Florida officers and employees;
              Reimburse business clients, guests, and authorized persons;24 and
              Make direct payments to third-party vendors.

         The travel and entertainment expenses of business clients, guests, and authorized persons must be
         incurred by Space Florida in connection with the performance of its statutory duties. The travel
         expenses of state officials and employees must be incurred while accompanying business clients,
         guests, or authorized persons or when authorized by the Space Florida Board or its designee. The
         entertainment expenses for Space Florida officials and employees must be incurred while in the
         physical presence of such business clients, guests, or authorized persons.25

         The travel and entertainment rules are subject to approval by the Chief Financial Officer (CFO) before
         adoption, and are prescribed as follows:26
             Must require the submission of paid receipts, or other proof prescribed by the CFO, with any
                claim for reimbursement.
             Must require, as a condition for any advancement, an agreement to submit paid receipts or
                other proof and to refund any unused portion of the advancement within 15 days after the
                expense is incurred or, if the advancement is made in connection with travel, within 15 days
                after completion of the travel.
             With respect to an advancement made solely for travel expenses, the rules may allow paid
                receipts or other proof to be submitted, and any unused portion of the advancement to be
                refunded, within 30 days after completion of the travel.




22 S. 112.061, F.S.
23 S. 331.3101, F.S.
24 “Authorized persons” are defined in s. 112.061(2)(e), F.S., as a person other than a public officer or employee, whether elected or

commissioned or not, who is authorized by an agency head to incur travel expenses in the performance of official duties; called upon
by an agency to contribute time and services as consultant or adviser; a candidate for an executive or professional position.
25 S. 331.3101(1), F.S.
26 S. 331.3101(2), F.S.
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         An annual report must be made to the Legislature not later than November 30 of each year for the
         previous fiscal year that consists of a synopsis concisely summarizing all travel, entertainment, and
         incidental expenses incurred inside and outside of the U.S.27

         Claims are not required to be sworn to but are required to contain a statement that the expenses were
         necessary in the performance of official duties of Space Florida and verified by written declaration.28
         Untrue or incorrect claims, and fraudulent or false claims, are a second degree misdemeanor,
         punishable by a term of imprisonment of up to 60 days 29 and a $500 fine.30 Whoever receives an
         advancement or reimbursement by means of a false claim is civilly liable, in the amount of the
         overpayment, for the reimbursement of the public fund from which the claim was paid.31

         Effective July 1, 2022 through July 1, 2023, Space Florida is required to adhere to certain travel and
         entertainment restrictions. In addition to the requirements set forth for the annual report summarizing all
         travel, entertainment, and incidental expenses, the 2022 annual report by Space Florida must also:
              Provide an itemized accounting, by date of travel, of all travel, entertainment, and incidental
                  expenses incurred;
              To the extent such expenses exceed the generally allowable expense limits for per diem and
                  travel expenses of public officers, employees, and authorized persons, provide reasons behind
                  the need to exceed such statutory expense limits;
              Categorize expenses for Space Florida Board members, staff, employees, and business clients.
                  The report must also set forth any expenses authorized by the Space Florida Board or its
                  designee for a guest; and
              Include information related to corrective actions and steps taken by Space Florida to address
                  the findings in Auditor General Report No. 2022-049.32

         Furnishing Facilities and Services within the Spaceport Territory

         Space Florida is authorized to construct, develop, create, maintain, and operate its projects within the
         geographical limits of the spaceport territory. This includes any portions of the spaceport territory
         located inside the boundaries of any incorporated municipality or other political subdivision.33

         Space Florida is authorized to offer, supply, and furnish the facilities and services provided for in the
         Space Florida Act, and establish and collect fees, rentals, and other charges, within the geographical
         limits of the spaceport territory and for the use of Space Florida itself.34

         Power of Space Florida with Respect to Roads

         Within the territorial limits of any spaceport territory, Space Florida is authorized to acquire, through
         purchase or interagency agreement, or as otherwise provided in law, to construct, control, and
         maintain, roads, connections and extensions that it deems necessary in accordance with established
         highway safety standards.35

         If a road being addressed by Space Florida is owned by another agency or jurisdiction, Space Florida,
         before proceeding with the proposed project or work activity, must coordinate the desired work with the
         owning agency or jurisdiction or successfully execute an interagency agreement with the owning
         agency or jurisdiction.36

27 S. 331.3101(3),  F.S.
28 S. 331.3101(4),  F.S.
29 S. 775.082(4)(b), F.S.
30 S. 775.083(1)(e), F.S.
31 Id.
32 State of Florida Auditor General, SPACE FLORIDA Board Duties and Governance and Selected Administrative Activities,

https://flauditor.gov/pages/pdf_files/2022-049.pdf (last visited Mar. 1, 2023).
33 S. 331.312, F.S.
34 Id.
35 S. 331.313, F.S.
36 Id.
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          Contracts, Grants and Contributions

          Space Florida is authorized to:37
              Make and enter all contracts and agreements necessary or incidental to the performance of its
                functions and execution of its powers.
              Contract with, and accept and receive grants or loans of money, material, or property from, any
                person, private or public as the Space Florida Board determines necessary or desirable to carry
                out the purposes of the Space Florida Act.
              In connection with any such contract, grant, or loan, stipulate and agree to such covenants,
                terms, and conditions as the Space Florida Board deems appropriate.

          Spaceport Master Plan

          Space Florida is required to develop a spaceport master plan for expansion and modernization of
          space transportation facilities within spaceport territories. The plan must contain recommended projects
          to meet current and future commercial, national, and state space transportation requirements. 38

          Space Florida is required to submit the plan to:39
              Any appropriate metropolitan planning organization for review of intermodal impacts.
              DOT, and it may be included within DOT’s five-year work program of qualifying aerospace
                discretionary capacity improvement.

          The plan must identify appropriate funding levels and include recommendations on appropriate sources
          of revenue that may be developed to contribute to the State Transportation Trust Fund. 40

          Special Districts

          Space Florida is an independent special district, and subject to the provisions of the Uniform Special
          District Accountability Act, to the extent that the provisions of that act do not conflict with the Space
          Florida Act.41 The Uniform Special District Accountability Act sets forth the general provisions for all
          special districts, addressing such issues as creation, operation, financial reporting, taxation,
          assessments, elections, definitions, compliance with general law, and comprehensive planning.42

          A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
          operate within a limited geographic boundary.43 Special districts are created by general law,44 special
          act,45 local ordinance,46 or by rule of the Governor and Cabinet.47 A special district has only those
          powers expressly provided by, or reasonably implied from, the authority provided in the district’s
          charter.48 Special districts provide specific municipal services in addition to, or in place of, those
          provided by a municipality or county.49




37 S. 331.324,   F.S.
38 S. 331.360(3),   F.S.
39 Id.
40 Id.
41 S. 331.302,   F.S.
42 Ch. 189, F.S.
43 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
44 S. 189.031(3),   F.S.
45 Id.
46 S. 189.02(1), F.S.
47 S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
48 Halifax Hosp. Med. Center, supra at 548.
49 Local Gov’t Formation Manual at p. 58, available at

https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3227&Session=2023&D
ocumentType=General+Publications&FileName=2022+Local+Govern ment+Format ion+Manual.pdf (last visited Jan. 25, 2023).
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         A “dependent special district” is a special district where the membership of the governing body is
         identical to the governing body of a single county or municipality, all members of the governing body
         are appointed by the governing body of a single county or municipality, members of the district’s
         governing body are removable at will by the governing body of a single county or municipality, or the
         district’s budget is subject to the approval of governing body of a single county or municipality. 50 An
         “independent special district” is any district that is not a dependent special district 51 and may only be
         created by legislative authorization as provided in the Uniform Special District Accountability Act.52

         Special districts do not possess “home rule” powers and may impose only those taxes, assessments,
         or fees authorized by special or general law. The special act creating an independent special district
         may provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
         authority is not mandatory for a special district.53

         Special districts may enter into interlocal agreements with one or more other local governmental units.54
         Under such an agreement, the special district may exercise jointly with the other participating local
         governments those powers, privileges, or authorities which they have in common and each may
         exercise separately.55

         Special District Charter

         The charter of a newly-created district must state whether it is dependent or independent. 56 Charters of
         independent special districts must address and include a list of required provisions, including the
         purpose of the district, its geographical boundaries, taxing authority, bond authority, and selection
         procedures for the members of its governing body.57

         Specifically, the charter creating an independent special district must contain the following: 58
             The purpose of the special district;
             The powers, functions and duties of the special district relating to ad valorem taxes, bonds and
                 other revenue-raising abilities, budget preparation and approval, liens and lien foreclosures, and
                 the use of tax deeds and certificates for non-ad valorem assessments and contractual
                 agreements;
             A method for establishing the district and amending the district charter;
             The membership, organization, compensation, and administrative duties of the governing board
                 and its members;
             Applicable financial disclosures, noticing, and reporting requirements;
             Procedures and requirements for bond issues, if the special district will issue bonds;
             Election procedures and requirements;
             A method for financing the district;
             Authorized millage rate, and methods for collecting non-ad valorem assessments, fees, or
                 service charges;
             Planning requirements; and
             District boundaries.

         Special District Accountability




50 S. 189.012(2),   F.S.
51 S. 189.012(3),   F.S.
52 S. 189.011(1), F.S.
53 Art. VII, s. 9(a), Fla. Const.
54 S. 163.01(2), (3)(b), F.S.
55 S. 163.10(4), F.S.
56 S. 189.031(5), F.S.
57 S. 189.031(3), F.S.
58 S. 189.031, F.S.
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         The Uniform Special District Accountability Act establishes a Special District Accountability Program
         administered by the Department of Economic Opportunity (DEO) that provides certain oversight and
         accountability measures that special districts must follow. Some of the duties of the program include:59
             Electronically publishing special district noncompliance status reports from the Department of
                Management Services (DMS), the Department of Financial Service (DFS)s, the Division of Bond
                Finance of the State Board of Administration (SBA), the Auditor General, and the Legislative
                Auditing Committee.
             Maintaining the official list of special districts.
             Publishing and updating of a “Florida Special District Handbook.”
             Coordinating and communicating among state agencies regarding special districts.
             Providing technical advisory assistance to special districts.
             Providing assistance to local general-purpose governments and state agencies in collecting
                delinquent reports or information.
             Helping special districts comply with reporting requirements.
             Declaring special districts inactive when directed by the Joint Legislative Auditing Committee
                (JLAC) or required by the Uniform Special District Accountability Act.
             Initiating certain enforcement proceedings for failure to file reports and information.

         The Uniform Special District Accountability Act requires special districts to comply with many of the
         same accountability standards as those of counties and municipalities and state government. Examples
         of these standards include:60
              Filing an Annual Financial Report with DFS disclosing the district's revenues, expenditures,
                long-term debt, and other financial information.
              Filing a Financial Audit Report, performed by an independent Certified Public Accountant, with
                the Florida Auditor General for review (most but not all special districts).
              Filing information with the SBA concerning advance notice of bond sales and new bond issues.
              Certifying to the state compliance with Truth-in-Millage requirements (if establishing a property
                tax).
              Complying with ethics laws, including financial disclosures by governing board members and
                certain employees.
              Conducting district business within the Government-in-the-Sunshine laws, including specific
                public meeting requirements.

         Special District Oversight

         Special districts may be reviewed for general oversight purposes as follows: 61
             Each special district created by special act may be reviewed by the Legislature using the
                process provided in s. 189.0651, F.S.
             Each special district created by local ordinance or resolution may be reviewed by the local
                general-purpose government that enacted the ordinance or resolution using the process
                provided in s. 189.0652, F.S.
             Each dependent special district not created by special act may be reviewed by the local
                general-purpose government upon which it is dependent.
             All special districts created or established by rule of the Governor and Cabinet may be reviewed
                as directed by the Governor and Cabinet.
             All other special districts may be reviewed as directed by the President of the Senate and the
                Speaker of the House of Representatives.

         Certain state agencies are responsible for monitoring special districts and collecting, reviewing,
         interpreting, and summarizing financial information for the public, the Legislature and other officials.


59 S. 189.064,   F.S.
60 Department of Economic Opportunity, Special District Accountability and Oversight, https://floridajobs.org/community-planning-

and-development/special-districts/special-district-accountability-program/special-district-accountability-and-oversight (last visited
Mar. 1, 2023).
61 S. 189.068, F.S.
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         Therefore, each special district must submit the following reports and filings to various state and local
         agencies and the Legislature, as applicable:62
             The Annual Financial Report;
             The Financial Audit Report;
             Bond financing related reports;
             Retirement system reports;
             Public facilities reports;
             Designation of registered office and agent;
             Regular Public Meeting Schedule;
             Charters (creation document), as amended; and
             Boundary maps, as amended.

         Failure to File Reports or Information

         Depending on the issue, when special districts fail to comply with a requirement, state and local
         agencies, as well as citizens, can take action. For example:63
             Citizens can file ethics complaints with the Florida Commission on Ethics.
             The appropriate oversight entity, depending on how the special district was created, may
                conduct a general oversight review process (applies to most, but not all, special districts).
             The Governor may suspend or remove a special district governing body member under certain
                circumstances.
             The entity that created the special district can amend, merge, or dissolve the special district.
             The state attorney for the area can investigate and prosecute district officials who violate
                Government-in-the-Sunshine laws.
             JLAC can send state auditors to a district if something warrants such action.
             JLAC and/or DMS can request DEO to file a petition in the Leon County circuit court to compel
                compliance when special districts fail to file certain financial reports with the state.
             JLAC, at the direction of the President of the Senate and the Speaker of the House of
                Representatives, may convene a public hearing on the issue of noncompliance concerning any
                special district created by special act that fails to file certain financial information with the state.
             The chair of a county or municipality may convene a public hearing on the issue of
                noncompliance concerning any special district it created that fails to file certain financial
                information with the state.
             DEO can declare special districts inactive under certain circumstances.

         Education for New District Board Members

         DEO is authorized to provide, contract for, or assist in conducting education programs, as its budget
         permits, for all newly elected or appointed members of district governing bodies. The education
         programs must include, but are not limited to, courses on:64
             The code of ethics for public officers and employees;
             Public meetings and public records requirements;
             Public finance; and
             Parliamentary procedure.

         Currently, members of special districts are not considered “Elected Municipal Officers” subject to the
         annual ethics training requirement found in s. 112.3142, F.S. 65

         Special District Meetings, Public Records and Public Notice Requirements


62 Id.
63 Id.
64 S. 189.063(1),   F.S.
65 Department of Economic Opportunity, Florida Special District Handbook, (Oct. 2022),https://www.floridajobs.org/docs/default-
source/2015-community-development/community-assistance/sdap/florida-special-district-handbook.pdf?sfvrsn=152e57b0_2 (last
visited Mar. 1, 2023).
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         Special districts, along with counties, municipalities, and other governmental agencies, must comply
         with Florida’s public meetings requirements, also known as the "Sunshine Law,"66 public records
         requirements in Florida’s public records law,67 and the public notice requirements in the Florida laws
         that govern legal and official advertisements.68

         In addition, special districts must comply with specific meeting requirements in the Uniform Special
         District Accountability Act, and certain special districts may need to comply with meeting requirements
         in other laws. Meeting requirements under the act require that a district: 69
              Quarterly, semiannually, or annually, prepare a schedule of regular meetings that includes the
                  date, time, and location of each meeting.
              File the schedule with each local governing authority in which the special district has jurisdiction.
              Publish the schedule in the county or counties in which the special district has jurisdiction.
              For any meeting other than a regular meeting or any recessed and reconvened meeting,
                  advertise in the county or counties in which the special district has jurisdiction the day, time,
                  place, and purpose of such meeting at least seven days before the meeting.
              In the event of an emergency, provide reasonable notice in the county or counties in which the
                  special district has jurisdiction, hold the emergency meeting, and subsequently ratify the
                  emergency meeting. Do not approve the annual budget at an emergency meeting.

         Special District Ethics Laws and Disclosures

         Florida’s Code of Ethics was created to help prevent conflicts between public duty and private interests,
         and ensure that public sector employees and officers will not abuse their public positions in order to
         obtain a disproportionate benefit or misuse their government office for private gain.70 All special district
         local officers and special district employees must comply with Florida's ethics laws. 71

         The Code of Ethics defines a “local officer” in part to include any appointed member of an independent
         special district or other political subdivision of the state.72

         The following public officers and employees of a special district must file ethics disclosures: 73
             A person elected to a special district's governing body.
             A person appointed to complete an unexpired term.
             A person appointed to a special district's governing body.
             A person seeking nomination or election to a special district's governing body.
             A special district's chief administrative employee.
             A fire chief of a fire control special district.
             A special district purchasing agent making purchases more than $35,000.

         Each January, the Florida Commission on Ethics (Commission) receives updates from all counties,
         municipalities, and special districts regarding who must file a Statement of Financial Interests. The
         Commission then provides a list of those who must file this form to all county supervisors of elections.
         All special district local officers and specified employees must file this form. They may also need to file
         additional disclosures, depending upon their position, businesses, or interests.74



66 Ch. 286, F.S.
67 Ch. 119, F.S.
68 Ch. 50, F.S.
69 S. 189.015,    F.S.
70 Ch. 112, Part III, F.S., and Article II, Section 8, Fla. Const.
71 Department of Economic Opportunity, Florida Special District Handbook, (Oct. 2022),https://www.floridajobs.org/docs/default-
source/2015-community-development/community-assistance/sdap/florida-special-district-handbook.pdf?sfvrsn=152e57b0_2 (last
visited Mar. 1, 2023).
72 S. 112.3145(1)(a), F.S.
73 S. 112.3144, F.S.
74 Id.
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         Any person who does not file this form is subject to automatic fines of $25 for each late day, up to a cap
         of $1,500. Modeled after the automatic fine system in place for campaign finance reports, the
         Commission can hear appeals and has the power to waive fines under limited circumstances. 75

         Any person who fails to file their annual disclosure is subject to automatic complaint proceedings to
         determine if the failure to file was willful. If the Commission determines that the person willfully failed to
         file their disclosure form, the Commission will enter an order recommending that the officer or
         employee be removed from office or employment.76

         Special district local officers and employees are prohibited from:77
             Doing business with their special district.
             Entering into a conflicting employment or contractual relationship with any other special district
                local officer, employee, their spouse and/or their children.

         Certain limited exemptions apply to these prohibitions, such as the following:78
             The business is awarded under a system of sealed competitive bidding.
             The special district local officer has exerted no influence on bid negotiations or specifications .
             Disclosure is made, before or at the time of the submission of the bid, of the special district local
                officer's or employee's or his or her spouse's or child's interest and the nature of the intended
                business.

         A special district local officer must abstain from voting on the following measures: 79
             One that inures to his or her special private gain or loss.
             One that inures to the special gain or loss of a principal (other than a government agency) by
                whom he or she is retained.
             One that could result in special private gain or loss to a relative.
             One that could result in special private gain or loss to a business associate.

         Gifts

         Gifts valued at more than $100 from vendors, lobbyists, or political committees, are prohibited. Special
         district local officers and specified employees may not solicit any gift, including food or beverage, from
         the following:80
              A political committee.
              A lobbyist who has lobbied that special district local officer's or specified employee's special
                   district within the past 12 months.
              A partner, firm, employer, or principal of a lobbyist.
              A vendor.

         A special district local officer or employee may accept a gift valued between $25 and $100 from a
         lobbyist. However, the person giving the gift must report the gift to the Commission and notify the
         special district local officer that they will disclose the gift as required. 81

         A special district local officer or employee may not directly or indirectly accept a gift worth more than
         $100 from a lobbyist. However, they may accept it on behalf of the special district. Then, the special
         district local officer or specified employee must promptly transfer the gift to the special district. 82

75 S. 112.3144(8)(f),  F.S.
76 S. 112.3144(9),  F.S...
77 S. 112.313, F.S...
78 Id.
79 S. 112.3143, F.S.
80 S. 112.3148, F.S.
81 Department of Economic Opportunity, Florida Special District Handbook, (Oct. 2022), https://www.floridajobs.org/docs/default-

source/2015-community-development/community-assistance/sdap/florida-special-district-handbook.pdf?sfvrsn=152e57b0_2 (last
visited Mar. 1, 2023).
82 Id.
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         Penalties for Code of Ethics Violations

         Non-criminal penalties for code of ethics violations for special district officers and employees include:83
             Impeachment.
             Removal or suspension from office or employment.
             Public censure, reprimand, demotion, or salary reduction.
             A civil penalty up to $10,000.
             Restitution of pecuniary benefits they received.

         Non-criminal penalties for candidates seeking election to a special district's governing body: 84
             Disqualification from being on the ballot.
             Public censure or reprimand.
             A civil penalty up to $10,000.

         Non-criminal penalties for former special district local officers and employees include:85
             Public censure and reprimand.
             A civil penalty up to $10,000.
             Restitution of pecuniary benefits they received.

         Special district officers or employees convicted in a court of law of a specified felony offense involving
         their public office or employment is subject to forfeiture of retirement benefits. Examples of such
         offenses include the following felonies: embezzlement or theft of public funds, bribery, impeachable
         offenses, threatening a public servant and defrauding the public or the special district.86

         Violations of the gift law and/or honorarium provisions by a lobbyist may result in:87
              A fine up to $5,000.
              A two-year ban from lobbying, or employing someone to lobby, before the agency of the person
                 to whom the gift or honorarium was given.

         Confidentiality of Records

         Current law contains a number of provisions that make certain information held by an economic
         development agency, including Space Florida, exempt or confidential and exempt 88 from public records
         requirements.89 This includes information regarding plans to locate or relocate a business, trade
         secrets, proprietary confidential business information, sales tax registration numbers, and information
         held pursuant to an economic incentive program or loan program. Some of the exemptions are
         temporary and some are permanent.

         Information concerning a corporation’s plans to relocate or expand any of its business activities in the
         state is confidential and exempt, as follows: 90
              For 12 months after the date an economic development agency receives a request for
                  confidentiality or until the information is otherwise disclosed;

83 S. 112.317,    F.S.
84 Id.
85 Id.
86 Id.
87 S. 112.3148,    F.S.
88 There is a difference between records the Legislature designates as 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. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d
1015 (Fla. 2004); City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d
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 st atute. See
Attorney General Opinion 85-62 (August 1, 1985).
89 See s. 288.075, F.S.
90 S. 288.075(2), F.S.
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                    An economic development agency may extend the period of confidentiality for up to 12 months
                     upon written request by the entity that originally requested confidentiality and upon a finding by
                     the economic development agency that such entity is still actively considering locating,
                     relocating, or expanding its business activities in this state. Such a request must be received
                     prior to the expiration of the original period.
                    If a final project order for a signed economic development agreement is issued, then the
                     information remains confidential and exempt for 180 days after the final project order is issued,
                     until a date specified in the final project order, or until the information is otherwise disclosed,
                     whichever occurs first. However, the 180 day timeframe may not extend beyond the original or
                     extended period.

         Proprietary confidential business information is confidential and exempt until the information becomes
         publicly available or is no longer treated by the proprietor as confidential.91

         Specific sales, employee wage, and tax information associated with the administration of an economic
         incentive program for qualified businesses is confidential and exempt for the duration of the incentive
         agreement or upon termination of the agreement.92 The following information is protected:
              The percentage of the business’s sales occurring outside this state and for businesses applying
                 for the qualified defense contractor and space flight business tax refund program under s.
                 288.1045, F.S., the percentage of the business’s gross receipts derived from Department of
                 Defense contracts during the five years immediately preceding the date the business’s
                 application is submitted.
              An individual employee’s personal identifying information that is held as evidence of the
                 achievement or nonachievement of the wage requirements of the tax refund, tax credit, or
                 incentive agreement programs or of the job creation requirements of such programs.
              The amount of:
                      o Taxes on sales, use, and other transactions;
                      o Corporate income taxes;
                      o Intangible personal property taxes;
                      o Insurance premium taxes;
                      o Excise taxes;
                      o Ad valorem taxes; or
                      o State communications services taxes.
              However, an economic development agency may disclose in the annual incentives report
                 required under s. 288.907, F.S., the aggregate amount of each of these taxes paid by all
                 businesses participating in each economic incentive program.

         The following information held by an economic development agency relating to a specific business
         participating in an economic incentive program is no longer confidential or exempt 180 days after a final
         project order for an economic incentive agreement is issued, until a date specified in the final project
         order, or if the information is otherwise disclosed, whichever occurs first: 93
              The name of the qualified business.
              The total number of jobs the business committed to create or retain.
              The total number of jobs created or retained by the business.
              Notwithstanding s. 213.053(2), the amount of tax refunds, tax credits, or incentives awarded to,
                 claimed by, or, if applicable, refunded to the state by the business.
              The anticipated total annual wages of employees the business committed to hire or retain.

         For a business applying for the qualified defense contractor and space flight business tax refund
         program under s. 288.1045, F.S., which is based on obtaining a new Department of Defense contract,
         the total number of jobs expected and the amount of tax refunds claimed may not be released until the
         new Department of Defense contract is awarded.94

91 S. 288.075(4), F.S.
92 Ss. 288.075(6), F.S.
93 S. 288.075(6)(b)1., F.S.
94 S. 288.075(6)(b)2., F.S.
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         Trade secrets, federal employer identification numbers, reemployment assistance account numbers,
         and Florida sales tax registration numbers are permanently exempt from public records. 95

         Information held by an economic development agency pursuant to its administration of a state or
         federally funded small business loan program is exempt from inspection by the public. Disclosure of
         such information is authorized in an aggregated and anonymized format.96

         An employee of an economic development agency who violates these provisions commits a second
         degree misdemeanor, punishable by a maximum penalty of 60 days in jail and a $500 fine.97

         Legislative Budget Commission

         The Legislative Budget Commission (LBC) is a standing joint committee of the Legislature98 that is
         authorized to oversee certain aspects of the implementation of the approved budget for the State of
         Florida. The LBC is empowered to ratify certain adjustments to the budget as recommended by the
         Governor or the Chief Justice of the Supreme Court. The LBC’s responsibilities include:
              Reviewing and approving or disapproving agency requests to amend original approved
                 budgets;99
              Reviewing agency spending plans;100
              Reviewing the recommendations of the Technology Review Workgroup regarding information
                 technology issues;101 and
              Taking other actions related to the fiscal matters of the state, as authorized by law.

         The LBC is required to answer budget questions that may arise throughout the year 102 and ensure that
         the funding for the executive and judicial branches remains appropriate and sufficient until the
         Legislature reconvenes for the following Legislative Session.

         There are three levels of LBC oversight for proposed agency actions impacting the implementation of
         the state budget: approval, consultation, and notification. Examples of some of the types of proposed
         actions that require the LBC’s approval or review include:103
              Visit Florida contracts with a total cost of $750,000 or more.104
              EFI contracts with a total cost of $750,000 or more.105
              Funds awarded under the Quick Action Closing Fund that exceed $5 million.106
              Funds awarded under the Innovative Incentive Program. 107
              Changes in the amounts appropriated from trust funds in excess of $1 million.108
              The transfer of General Revenue appropriations for operations in the executive branch or
                 judicial branch in excess of the amount authorized in ss. 216.292(2) and (3), F.S. 109
              The transfer of appropriations in the executive branch or the judicial branch for fixed capital
                 outlay.110

95 Ss. 288.075(3)   and (5), F.S.
96 S. 288.075(7),   F.S.
97 Ss. 775.082 and 775.083, F.S.
98 Art. 3, s. 19, Fla. Const., s. 11.90, F.S.
99 S. 216.181(2) F.S.
100 S. 11.90 F.S.
101 S. 216.0446 F.S
102 S. 216.177(1)(b) F.S.
103 Other examples include: ss. 216.011(1), F.S.; 216.181(10)(a), F.S.; 216.292(4)(b), F.S.; 216.292(4)(d), F.S.; 216.216, F.S.;

252.37(2), F.S.; 339.135(6)(c), F.S.; 339.135(7)(g), F.S.; 402.80, F.S.;
104 S. 288.1226, F.S.
105 S. 288.903(7), F.S.
106 S. 288.1088(3)(c)4., F.S.
107 S. 288.1089(7), F.S.
108 S. 216.181(11), F.S.
109 S. 216.292(4)(a), F.S.
110 S. 216.292(4)(c), F.S.
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                 The initiation of new programs or changes in current programs in the executive branch or the
                  judicial branch that are not contemplated by the General Appropriations Act.111
                 The transfer of funds from a school district’s class size reduction operating categorical to the
                  district’s approved fixed capital outlay account for class size reduction.112
                 Actions increasing the number of positions authorized by the legislature for executive branch
                  agencies and judicial branch entities.113

         Notice of budget amendments must be provided to the chair and vice chair of the LBC at least 14 days
         prior to the action or at least 3 days prior to a release of funds. The chair and vice chair of the LBC or
         the presiding officers of the Legislature may void a budget action if notice is provided in writing to the
         Governor, for the executive branch, or the Chief Justice, for the judicial branch, that such action
         exceeds delegated authority or is contrary to legislative policy and intent. If such notice is given, the
         Governor or Chief Justice must void such budget action until the LBC or Legislature addresses the
         issue.114

         Space Florida Auditor General Report No. 2022-049

         In 2021, the State of Florida Auditor General released findings of an operational audit of Space Florida
         that focused on cooperative agreements, board duties and governance, and selected administrative
         activities.115 The audit disclosed the following findings:
              Space Florida Board committee meetings were not always held in accordance with committee
                  charter requirements.
              Certain Space Florida entertainment and travel expenses did not appear to be clearly necessary
                  or reasonable to the performance of Space Florida’s statutory duties or commensurate with the
                  entertainment and travel expenses authorized by State law.
              Space Florida did not comply with certain requirements of State law regarding public deposits.
              Space Florida contracted with a service organization to provide information technology (IT)
                  services. However, Space Florida did not take steps to reasonably ensure that service
                  organization controls relevant to the IT services performed on behalf of Space Florida were
                  suitably designed and operating effectively.
              Space Florida policies and procedures did not adequately promote the retention of records
                  related to the sanitization and disposition of surplus computer hard drives.
              Security controls over mobile device utilization need improvement to ensure the confidentiality,
                  integrity, and availability of Space Florida data and IT resources.
              Space Florida records did not evidence that network user access privileges were timely
                  disabled for former employees.

         The audit also provided recommendations on ways to address each of these findings. Space Florida
         responded to the audit by submitting to the Auditor General written statements explaining each of the
         findings and a plan for correcting or improving the findings.116

         In 2022, the General Appropriations Act implementing bill amended the travel and entertainment
         provisions in the Space Florida Act to limit Space Florida's expenditures on entertainment and lodging,
         and require Space Florida to submit additional information in its annual report relating to itemized
         expenses and information related to corrective actions taken by Space Florida to address the findings
         in the audit. These requirements are temporary and are set to expire July 1, 2023.




111 S. 216.241,  F.S.
112 S. 1003.03,  F.S.
113 S. 216.262(1)(a), F.S.
114 S. 216.177, F.S.
115 State of Florida Auditor General, SPACE FLORIDA Board Duties and Governance and Selected Administrative Activities,

https://flauditor.gov/pages/pdf_files/2022-049.pdf (last visited Mar. 1, 2023).
116 Id.
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          DEO Annual Report

          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. 117 DEO must also
          ensure 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.118

          The Secretary of DEO is required to serve as the manager for the state with respect to contracts with
          EFI and all applicable direct-support organizations. Such contracts may be for multiyear terms and
          must include specific performance measures for each year. 119

          DEO, with assistance from EFI is required to, by November 1 of each year, submit an annual report to
          the Governor, the President of the Senate, and the Speaker of the House of Representatives on the
          condition of the business climate and economic development in the state.
          The report must:120
               Include the identification of problems and a prioritized list of recommendations; and
               Incorporate annual reports of other programs, including:
                     o Information provided by the Department of Revenue (DOR).
                     o Information provided by enterprise zone development agencies and an analysis of the
                          activities and accomplishments of each enterprise zone.
                     o The Economic Gardening Business Loan Pilot Program and the Economic Gardening
                          Technical Assistance Pilot Program.
                     o A detailed report of the performance of the Black Business Loan Program and a
                          cumulative summary of the quarterly report data.
                     o The Rural Economic Development Initiative.
                     o The Florida Unique Abilities Partner Program.
                     o A detailed report of the performance of the Florida Development Finance Corporation
                          and a summary of the corporation’s annual report.

          Economic Development Programs Evaluation

          As directed by the Legislature, the Office of Program Policy Analysis and Government Accountability
          (OPPAGA) and the Office of Economic and Demographic Research (EDR) are required to complete
          detailed analyses of state economic development programs (analysis) beginning on a certain date and
          every three years thereafter. OPPAGA evaluates each program for its effectiveness and value to the
          state's taxpayers. EDR evaluates and determines the economic benefits and return-on-investment of
          each program.121

          Currently, the analysis includes more than 18 economic development programs, including, but not
          limited to:
                The Quick Action Closing Fund.122
                Enterprise Zone Program incentives.123
                The New Markets Development Program.124
                VISIT Florida and its programs.125


117 S. 20.60(4),   F.S.
118 OPPAGA, Program Summary: Department of Economic Opportunity,

https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=6101 (last visited Mar. 11, 2021).
119 S. 20.60(9), F.S.
120 S. 20.60(10), F.S.
121 S. 288.0001, F.S.
122 S. 288.1088, F.S.
123 Ss. 212.08(5) and (15), 212.096, 220.181, and 220.182, F.S.
124 Ss. 288.991-288.9922, F.S.
125 Ss. 288.122, 288.1226, 288.12265, and 288.124, F.S.
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                   The Florida Sports Foundation and related programs.126
                   The qualified defense contractor and space flight business tax refund program.127
                   The tax exemption for semiconductor, defense, or space technology sales. 128
                   The Military Base Protection Program.129

         Effect of Proposed Changes

         The bill revises provisions governing Space Florida to increase collaboration with public and private
         stakeholders regarding spaceport activities, enhance transparency measures regarding spaceport
         projects, and separate the Space Florida Board from EFI.

         The bill includes Space Florida and the Space Florida Act to the list of entities and laws over which
         DEO has contract authority, and requires DEO’s annual report to incorporate annual report information
         provided by Space Florida under s. 331.3051, F.S., and an analysis of the activities and
         accomplishments of Space Florida.

         The bill includes Space Florida among the list of economic development programs scheduled to be
         reviewed and analyzed by EDR and OPPAGA, beginning January 1, 2024, and every three years
         thereafter.

         The bill expands the definition of “aerospace” to include:
             Technology intended to be used or designed for flight or re-entry.
             Aircraft facilities.
             Space-based platforms.

         The bill expands the definition of “landing area” to include:
             Areas within spaceport territory that are designated by an appropriate body.
             Areas within the spaceport territory that are intended for controlling, assisting, flying, navigating,
                 piloting, maintenance, or construction of any aerospace vehicle or craft.

         The bill requires Space Florida to solicit input from NASA, the DOD, and other political subdivisions that
         own facilities within spaceport territory as Space Florida develops the spaceport master plan.

         The bill requires Space Florida to work with DEO, instead of EFI, as follows:
             Enter into agreement with DEO to implement the Space Florida Act.
             Cooperate with DEO to develop a plan to retain, expand, attract, and create aerospace industry
                 entities, public or private, which results in the creation of high-value-added businesses and jobs
                 in this state.
             Develop a plan with DEO to provide financing assistance to aerospace businesses.

         The bill requires Space Florida to carry out its responsibilities for spaceport operations by consulting
         regularly with the appropriate federal, state, and local authorities on all aspects of establishing and
         operating spaceport infrastructure and related aerospace facilities within the state.

         The bill requires Space Florida to conduct the following collaborative measures:
             Solicit input regularly on Space Florida plans and activities from the aerospace industry, private
                 sector spaceport territory stakeholders, each entity that owns or has ownership interest in a
                 facility within spaceport territory, and other political subdivisions within spaceport territory.
             Partner with the Board of Governors to foster technological advancement and economic
                 development for spaceport activities by strengthening higher education programs and
                 supporting aerospace activities.


126 Ss. 288.1162,  288.11621, 288.1166, 288.1167, 288.1168, 288.1169, and 288.1171, F.S.
127 S. 288.1045,  F.S.
128 S. 212.08(5)(j), F.S.
129 S. 288.980, F.S.
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              Partner with the Division of Workforce Services (DWS), CSF, and local workforce development
               boards to support initiatives that address the high technology skills and staff resources needed
               to better promote the state’s efforts in becoming the nation’s leader in aerospace and space
               exploration.
              Partner with the Metropolitan Planning Organization Advisory Council to coordinate and specify
               how aerospace planning and programming will be part of the state's cooperative transportation
               planning process.

       The bill also requires Space Florida, before October 1 of each year, to submit to DEO, for inclusion in
       DEO’s annual report, a complete and detailed written report setting forth:
           Its operations and accomplishments during the fiscal year.
           Accomplishments and progress concerning the implementation of the spaceport master plan
                and other measurable goals, and any updates to such plan and measurable goals.
           Any other information required by DEO.

       The bill requires Space Florida’s annual report to include certain information, including data on the
       economic impact of the aerospace industry in the state during the previous year, and:
           The amount and sources of capital investment.
           The number of jobs created and retained.
           Annualized average wages, listed by geographic areas within the state as specified by the
               Space Florida Board.

       The bill revises the Space Florida Board as follows:
           Separates the Space Florida Board entirely from the EFI board.
           Creates an independent Space Florida Board that includes the Governor, who serves ex officio,
               or who may appoint a designee to serve, as the chair and a voting member of the Space Florida
               Board, and the following appointed members:
                   o The Secretary of Transportation or his or her designee.
                   o Five members appointed by the Governor who must have five years of experience in at
                       least one of the following areas:
                            The aerospace industry, but not currently employed by an entity that is under
                               contract with Space Florida,.
                            An employee or official of a port district or port authority as defined in s.
                               315.02(2).
                            Bond financing.
                            Academic experience in aerospace, aviation, or a relevant science.
                            As an aircraft facilities manager, a fixed-based operator, or a commercial airport
                               operator.
                   o A representative of each of the following entities, who will serve as an ex officio,
                       nonvoting member of the Space Florida Board, appointed by the Governor:
                            Jacksonville Aviation Authority.
                            Titusville-Cocoa Airport Authority.

       Appointed members are to serve four year staggered terms.

       The bill also specifies the following requirements related to the Space Florida Board membership:
           Initial appointments must be made by October 1, 2023.
           Terms end on September 30.
           Any member is eligible for reappointment, except that a member may not serve more than two
               4-year terms.
           Vacancies must be filled for the remainder of the unexpired term in the same manner as the
               original appointment.
           Appointed members may be removed by the appointing official for cause.
           Absence from three consecutive meetings is cause for removal.
           Space Florida Board members serve without compensation, but are entitled to receive
               reimbursement for per diem and travel expenses pursuant to requirements for per diem and
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               travel expenses of public officers and employees. Such expenses must be paid out of the funds
               of Space Florida.
              The Space Florida Board must meet at least quarterly, upon the call of the chairperson, or at the
               request of a majority of the membership.
              A majority of the total number of current voting members constitutes a quorum.
              Official action requires a majority vote of the members present at any meeting at which a
               quorum is present.
              Meetings may be held via teleconference or other electronic means.
              The Space Florida Board must conduct education for newly appointed Space Florida Board
               members as provided by DEO in accordance with the Uniform Special District Accountability
               Act.
              Space Florida may not endorse any candidate for elected public office or contribute moneys to
               the campaign of any such candidate.

       The bill makes the following travel and entertainment provisions permanent by removing the July 1,
       2023 sunset date:
           Limits Space Florida's expenditures on entertainment and lodging; and
           Requires Space Florida to submit additional information in its annual report relating to itemized
               expenses.

       The bill extends the July 1, 2023 sunset date to July 1, 2024, for the requirement that information
       related to corrective actions taken by Space Florida that address the findings in Auditor General Report
       No. 2022-049 be included in the Space Florida annual report.

       The bill revises Space Florida’s authority to construct, develop, create, and maintain facilities and
       services within spaceport territory to:
           Additionally allow Space Florida to own, acquire, equip, extend, improve, and reconstruct its
               projects within the geographical limits of the spaceport territory;
           Allow Space Florida to maintain such facilities; and
           Specify that this authority includes spaceport territory located inside the boundaries of any
               political subdivision.

       The bill revises Space Florida’s power with respect to roads as follows:
           Before proceeding with a proposed project or work activity that is owned by another agency or
               jurisdiction, Space Florida is required to consult with the agency or jurisdiction that owns the
               road.
           Requires Space Florida to advise DOT of any determination Space Florida makes to construct
               or maintain a road or bridge within its territory.
           Requires Space Florida to provide DOT with complete copies of all documents, agreements,
               resolutions, contracts, and instruments relating thereto; and, if necessary, request DOT to
               conduct such construction or maintenance work, including the acquisition of necessary rights -of-
               way, planning, surveying, and actual construction of the project.
           Requires Space Florida to transfer to DOT any funds provided for such construction or
               maintenance.
           Authorizes DOT to proceed with such construction or maintenance and to use such funds for
               such work in the same manner that DOT is authorized to use the funds otherwise provided by
               law for use in construction of roads and bridges.

       The bill revises provisions related to Space Florida contracts, as follows:
           Subjects proposed Space Florida contracts with a total cost of $10 million or more to the notice
               and review procedures of legislative appropriations planning and budgeting.
           Specifies that if the chair and vice chair of the Legislative Budget Commission or the President
               of the Senate and the Speaker of the House of Representatives timely advise Space Florida in
               writing that such proposed contract is contrary to legislative policy and intent, Space Florida is
               prohibited from executing such proposed contract.

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              Prohibits Space Florida from entering into multiple related contracts to avoid the requirements of
               this subsection.

       The bill requires Space Florida and the Space Florida Board to take the following steps to ensure that
       contracted service organizations that provide services to Space Florida are operating effectively:
           Requires Space Florida, after execution of a contract with a service organization, to make and
               obtain independent and periodic assessments of the effectiveness of the executed contract
               document, the service organization, and any other providers relevant to the contract, to ensure
               that adequate internal controls are in place for complying with the terms and conditions of the
               contract, for the validation and receipt of goods and services, and to determine that the
               contracted service is cost effective and meets Space Florida's requirements and goals.
           Requires Space Florida to submit a final assessment report to the Space Florida Board and the
               Secretary of DEO or his or her designee.
           Requires the Space Florida Board, within 30 days after receipt of the final assessment report, to
               submit to DEO a written statement of explanation or rebuttal concerning findings requiring
               corrective action, including corrective action to be taken to preclude a recurrence.
           Requires Space Florida, beginning October 1, 2023, and every three years thereafter, to
               complete a risk-based compliance assessment of all internal contracts executed by Space
               Florida for the preceding three fiscal years, which must include steps to reasonably ensure that
               contracted service organizations' controls relevant to services provided are suitably designed
               and operating effectively.
                   o The assessment findings must be submitted to the Space Florida Board, the Secretary
                       of DEO or his or her designee, the Governor, the President of the Senate, and the
                       Speaker of the House of Representatives.

       The bill specifies that the provisions of this act shall control if the provisions conflict with the provisions
       of another act.

   B. SECTION DIRECTORY:
       Section 1:     amends s. 20.60, F.S., relating to DEO; creation; powers and duties.

       Section 2:     amends s. 288.0001, F.S., relating to economic development programs evaluation.

       Section 3:     amends s. 331.303, F.S., making changes to definitions.

       Section 4:     amends s. 331.305, F.S., revising the powers of Space Florida.

       Section 5:     amends s. 331.3051, F.S., relating to the duties of Space Florida.

       Section 6:     amends s. 331.3081, F.S., revising the Space Florida Board.

       Section 7:     amends s. 331.310, F.S., revising the powers and duties of the Space Florida Board.

       Section 8:     amends s. 331.3101, F.S., revising provisions related to Space Florida travel and
                      entertainment expenses.

       Section 9:     amends s. 331.312, F.S., revising provisions related to furnishing facilities and services
                      within the spaceport territory.

       Section 10:    amends s. 331.313, F.S., revising provisions related to the power of Space Florida with
                      respect to roads.

       Section 11:    amends s. 331.324, F.S., revising provisions related to Space Florida contracts, grants,
                      and contributions.

       Section 12:    amends s. 331.360, F.S., revising provisions relating to the Space Florida spaceport
                      master plan.
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         Section 13:           provides the provisions of the act shall control to the extent of certain conflicts.

         Section 14:           provides an effective date of July 1, 2023.



                                II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              None.

         2. Expenditures:
              None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              None.

         2. Expenditures:
              None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
          None.

    D. FISCAL COMMENTS:
          The provisions in the bill may allow Space Florida to operate more transparently and efficiently
          internally and with its partners and surrounding communities, which may result in a positive fiscal
          impact to state and local government, and the private sector.


                                                         III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
             Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
             action requiring the expenditures of funds; reduce the authority that counties or municipalities have
             to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
             municipalities.

         2. Other:
             None.

    B. RULE-MAKING AUTHORITY:
          Current law gives the Space Florida Board sufficient rulemaking authority to carry out the purposes of
          the Space Florida Act.130


130 S. 331.310(1)(j),   F.S.
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   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 7041                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to Space Florida; amending s. 20.60,
    3                F.S.; requiring the Secretary of Economic Opportunity
    4                to serve as the manager for the state with respect to
    5                contracts with Space Florida; requiring a certain
    6                report by the Department of Economic Opportunity to
    7                include an annual report on Space Florida; amending s.
    8                288.0001, F.S.; requiring the Office of Economic and
    9                Demographic Research and the Office of Program Policy
10                   and Government Accountability to provide to the
11                   Governor and the Legislature an analysis of Space
12                   Florida by a date certain and thereafter at certain
13                   intervals; amending s. 331.303, F.S.; revising
14                   definitions; amending s. 331.305, F.S.; making a
15                   technical change; amending s. 331.3051, F.S.; revising
16                   the duties of Space Florida; amending s. 331.3081,
17                   F.S.; revising membership of the board of directors of
18                   Space Florida; providing for staggered terms,
19                   appointments, filling of vacancies, removal of
20                   members, and meetings of the board; providing that
21                   members serve without compensation but may receive
22                   reimbursement for per diem and travel expenses;
23                   requiring the board to conduct certain education for
24                   new board members; prohibiting Space Florida from
25                   endorsing a candidate or contributing moneys to a

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26                campaign; amending s. 331.310, F.S.; conforming a
27                cross-reference; amending s. 331.3101, F.S.; requiring
28                the annual report of Space Florida to include certain
29                information; prohibiting Space Florida from expending
30                funds on certain expenses; providing that certain
31                expenses may not exceed a certain amount; revising the
32                scheduled expiration of provisions requiring certain
33                information in an annual report; abrogating the
34                scheduled expiration of provisions relating to the
35                expenditure of certain funds; amending s. 331.312,
36                F.S.; providing Space Florida with certain authority;
37                amending s. 331.313, F.S.; requiring Space Florida to
38                consult with certain agencies and jurisdictions;
39                requiring Space Florida to advise the Department of
40                Transportation of certain determinations and take
41                certain actions relating to certain construction
42                projects; amending s. 331.324, F.S.; providing that
43                certain contracts are subject to review by the
44                Legislative Budget Commission; requiring Space Florid a
45                to make and obtain certain assessments; requiring the
46                submission of a final assessment report to certain
47                persons; requiring the board of directors to submit a
48                certain statement to the Department of Economic
49                Opportunity; requiring Space Florida to complete a
50                certain assessment at certain intervals beginning on a

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51                certain date; amending s. 331.360, F.S.; requiring
52                Space Florida to solicit input from certain entities
53                to develop the spaceport master plan; providing that
54                the provisions of this act shall control to the extent
55                of certain conflicts; providing an effective date.
56
57      Be It Enacted by the Legislature of the State of Florida:
58
59                Section 1.       Paragraph (b) of subsection (9) and paragraph
60      (b) of subsection (10) of section 20.60, Florida Statutes, are
61      amended to read:
62                20.60      Department of Economic Opportunity; creation; powers
63      and duties.—
64                (9)       The secretary shall:
65                (b)       Serve as the manager for the state with respect to
66      contracts with Space Florida, Enterprise Florida, Inc., and all
67      applicable direct-support organizations. To accomplish the
68      provisions of this section and applicable provisions of chapters
69      chapter 288 and 331, and notwithstanding the provisions of part
70      I of chapter 287, the secretary shall enter into specific
71      contracts with Space Florida, Enterprise Florida, Inc., and
72      other appropriate direct-support organizations. Such contracts
73      may be for multiyear terms and must include specific performance
74      measures for each year. For purposes of this section, the
75      Florida Tourism Industry Marketing Corporation and the Institute

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 76      for Commercialization of Florida Technology are not appropriate
 77      direct-support organizations.
 78                (10)       The department, with assistance from Enterprise
 79      Florida, Inc., shall, by November 1 of each year, submit an
 80      annual report to the Governor, the President of the Senate, and
 81      the Speaker of the House of Representatives on the condition of
 82      the business climate and economic development in the state.
 83                (b)        The report must incorporate annual reports of other
 84      programs, including:
 85                1.     Information provided by the Department of Revenue under
 86      s. 290.014.
 87                2.     Information provided by enterprise zone development
 88      agencies under s. 290.0056 and an analysis of the activities and
 89      accomplishments of each enterprise zone.
 90                3.     The Economic Gardening Business Loan Pilot Program
 91      established under s. 288.1081 and the Economic Gardening
 92      Technical Assistance Pilot Program established under s.
 93      288.1082.
 94                4.     A detailed report of the performance of the Black
 95      Business Loan Program and a cumulative summary of quarterly
 96      report data required under s. 288.714.
 97                5.     The Rural Economic Development Initiative established
 98      under s. 288.0656.
 99                6.     The Florida Unique Abilities Partner Program.
100                7.     A detailed report of the performance of the Florida

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101      Development Finance Corporation and a summary of the
102      corporation's report required under s. 288.9610.
103                8.    Information provided by Space Florida under s. 331.3051
104      and an analysis of the activities and accomplishments of Space
105      Florida.
106                Section 2.         Paragraph (e) is added to subsection (2) of
107      section 288.0001, Florida Statutes, to read:
108                288.0001         Economic Development Programs Evaluation. —The
109      Office of Economic and Demographic Research and the Office of
110      Program Policy Analysis and Government Accountability (OPPAGA)
111      shall develop and present to the Governor, the President of the
112      Senate, the Speaker of the House of Representatives, and the
113      chairs of the legislative appropriations committees the Economic
114      Development Programs Evaluation.
115                (2)       The Office of Economic and Demographic Research and
116      OPPAGA shall provide a detailed analysis of economic development
117      programs as provided in the following schedule:
118                (e)       By January 1, 2024, and every 3 years thereafter, an
119      analysis of Space Florida established under part II of chapter
120      331.
121                Section 3.         Subsections (1) and (9) of section 331.303,
122      Florida Statutes, are amended to read:
123                331.303      Definitions.—
124                (1)       "Aerospace" means the technology and industry related
125      to the design, manufacture, maintenance, repair, and operation

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126      of aircraft or any other device intended to be used or designed
127      for flight or reentry, including that designs and manufactures
128      aircraft, rockets, missiles, spacecraft, satellites, space
129      vehicles, space stations, space and aircraft facilities or
130      components thereof, and related equipment, systems, facilities,
131      simulators, programs, and related activities, including, but not
132      limited to, the application of aerospace and aviation
133      technologies in air-based, land-based, space-based, and sea-
134      based platforms for commercial, civil, and defense purposes.
135                (9)        "Landing area" means the geographical area designated
136      by Space Florida or another appropriate body within the
137      spaceport territory for or intended for the landing ,
138      controlling, assisting, flying, navigating, piloting,
139      maintenance, construction, and surface maneuvering of any launch
140      or other space vehicle or aerospace technology or craft.
141                Section 4.        Subsection (13) of section 331.305, Florida
142      Statutes, is amended to read:
143                331.305       Powers of Space Florida.—Space Florida may:
144                (13)       Own, acquire, construct, reconstruct, equip, operate,
145      maintain, extend, or improve electric power plants, transmission
146      lines and related facilities, gas mains and facilities of any
147      nature for the production or distribution of natural gas,
148      transmission lines and related facilities and plants and
149      facilities for the generation and transmission of power through
150      traditional and new and experimental sources of power and

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151      energy; purchase electric power, natural gas, and other sources
152      of power for distribution within any spaceport territory;
153      develop and operate water and sewer systems and waste collection
154      and disposal consistent with chapter 88-130, Laws of Florida;
155      and develop and operate such new and experimental public
156      utilities, including, but not limited to, centrally distributed
157      heating and air-conditioning facilities and services, closed-
158      circuit television systems, and computer services and
159      facilities, as the board may from time to time determine.
160      However, Space Florida may not construct any system, work,
161      project, or utility authorized to be constructed under this
162      subsection paragraph in the event that a system, work, project,
163      or utility of a similar character is being actually operated by
164      a municipality or private company in the municipality or
165      territory adjacent thereto, unless such municipality or private
166      company consents to such construction.
167                Section 5.        Subsection (11) of section 331.3051, Florida
168      Statutes, is renumbered as subsection (16), subsections (2),
169      (3), and (6), paragraph (e) of subsection (7), and present
170      subsection (11) are amended, and a new subsection (11) and
171      subsections (12) through (15) are added to that section, to
172      read:
173                331.3051         Duties of Space Florida.—Space Florida shall:
174                (2)       Enter into agreement with the Department of Education,
175      the Department of Transportation, the Department of Economic

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176      Opportunity Enterprise Florida, Inc., and CareerSource Florida,
177      Inc., for the purpose of implementing this act.
178                (3)       In cooperation with the Department of Economic
179      Opportunity Enterprise Florida, Inc., develop a plan to retain,
180      expand, attract, and create aerospace industry entities, public
181      or private, which results in the creation of high-value-added
182      businesses and jobs in this state.
183                (6)       Develop, in cooperation with the Department of
184      Economic Opportunity Enterprise Florida, Inc., a plan to provide
185      financing assistance to aerospace businesses. The plan may
186      include the following activities:
187                (a)       Assembling, publishing, and disseminating information
188      concerning financing opportunities and techniques for aerospace
189      projects, programs, and activities; sources of public and
190      private aerospace financing assistance; and sources of
191      aerospace-related financing.
192                (b)       Organizing, hosting, and participating in semi nars and
193      other forums designed to disseminate information and technical
194      assistance regarding aerospace-related financing.
195                (c)       Coordinating with programs and goals of the Department
196      of Defense, the National Aeronautics and Space Administration,
197      the Export-Import Bank of the United States, the International
198      Trade Administration of the United States Department of
199      Commerce, the Foreign Credit Insurance Association, and other
200      private and public programs and organizations, domestic and

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201      foreign.
202                (d)        Establishing a network of contacts among those
203      domestic and foreign public and private organizations that
204      provide information, technical assistance, and financial support
205      to the aerospace industry.
206                (e)        Financing aerospace business development projects or
207      initiatives using funds provided by the Legislature.
208                (7)        Carry out its responsibilities for spaceport
209      operations by:
210                (e)        Consulting regularly, as necessary, with the
211      appropriate federal, state, and local authorities, including the
212      National Aeronautics and Space Administration, the Federal
213      Aviation Administration, the Department of Defense, the
214      Department of Transportation, the Florida National Guard, and
215      industry on all aspects of establishing and operating spaceport
216      infrastructure and related aerospace facilities within the
217      state.
218                (11)       Regularly solicit input on Space Florida plans and
219      activities from the aerospace industry, private sector spaceport
220      territory stakeholders, each entity that owns or has ownership
221      interest in a facility within spaceport territory, and other
222      political subdivisions within spaceport territory.
223                (12)       Partner with the Board of Governors to foster
224      technological advancement and economic development for spaceport
225      activities by strengthening higher education programs and

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226      supporting aerospace activities.
227                (13)       Partner with the Division of Workforce Services of
228      the Department of Economic Opportunity, CareerSource Florida,
229      Inc., and local workforce development boards to support
230      initiatives that address the high technology skills and staff
231      resources needed to better promote the state's efforts in
232      becoming the nation's leader in aerospace and space exploration.
233                (14)       Partner with the Metropolitan Planning Organization
234      Advisory Council to coordinate and specify how aerospace
235      planning and programming will be part of the state's cooperative
236      transportation planning process.
237                (15)       By October 1, 2023, and each year thereafter, submit
238      to the Department of Economic Opportunity for inclusion in the
239      annual report required under s. 20.60 a complete and detailed
240      written report setting forth:
241                (a)        Its operations and accomplishments during the fiscal
242      year.
243                (b)        Accomplishments and progress concerning the
244      implementation of the spaceport master plan and other measurable
245      goals, and any updates to such plan and measurable goals.
246                (c)        Any other information required by the Department of
247      Economic Opportunity.
248                (16)(a)(11)           In addition to the reporting requirements in
249      chapter 189, annually report on its performance with respect to
250      its business plan, to include finance, spaceport operations,

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251      research and development, workforce development, and education.
252                (b)       Space Florida shall submit the report to the Governor,
253      the President of the Senate, and the Speaker of the House of
254      Representatives by November 30 for the previous fiscal year.
255                (c)       The annual report must include operations information
256      as required under s. 331.310(2)(e) and data on the economic
257      impact of the aerospace industry in the state during the
258      previous year, including, but not limited to, the amount and
259      sources of capital investment, the number of jobs created and
260      retained, and annualized average wages, listed by geographic
261      areas within the state as specified by the board.
262                Section 6.        Section 331.3081, Florida Statutes, is amended
263      to read:
264                331.3081         Board of directors.—
265                (1)       Space Florida shall be governed by an a 13-member
266      independent board of directors that consists of the Governor,
267      who shall serve ex officio, or who may appoint a designee to
268      serve, as the chair and a voting member of the board, and the
269      following appointed members:
270                (a)       The Secretary of Transportation or his or her
271      designee.
272                (b)       Five members appointed by the Governor who must each
273      have at least 5 years of experience in at least one of the
274      following areas:
275                1.    The aerospace industry. Such member may not be

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276      currently employed by an entity that is under contract with
277      Space Florida.
278                2.    An employee or official of a port district or port
279      authority as defined in s. 315.02(2).
280                3.    Bond financing.
281                4.    Academic experience in aerospace, aviation, or a
282      relevant science.
283                5.    An aircraft facilities manager, a fixed-based operator,
284      or a commercial airport operator.
285                (c)       One member appointed by the President of the Senate,
286      who has at least 5 years of experience as provided in paragraph
287      (b).
288                (d)       One member appointed by the Speaker of the House of
289      Representatives, who has at least 5 years of experience as
290      provided in paragraph (b).
291                (e)       A representative of each of the following entities,
292      who shall serve as an ex officio, nonvoting member of the board,
293      appointed by the Governor:
294                1.    The Jacksonville Aviation Authority.
295                2.    The Titusville-Cocoa Airport Authority.
296                (2)(a)      Appointed members shall serve 4-year terms, except
297      that initially, to provide for staggered terms, the Governor
298      shall appoint two members to serve 2-year terms and two members
299      to serve 3-year terms. All subsequent appointments shall be for
300      4-year terms.

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301                (b)       Initial appointments must be made by October 1, 2023.
302      Terms end on September 30.
303                (c)       Any member is eligible for reappointment, except that
304      a member may not serve more than two 4-year terms.
305                (d)       A vacancy on the board of directors shall be filled
306      for the remainder of the unexpired term in the same manner as
307      the original appointment.
308                (e)       Appointed members may be removed by the appointing
309      official for cause. Absence from three consecutive meetings is
310      cause for removal.
311                (3)       Board members shall serve without compensation, but
312      are entitled to receive reimbursement for per diem and travel
313      expenses pursuant to s. 112.061. Such expenses must be paid out
314      of funds of Space Florida.
315                (4)(a)      The board of directors shall meet at least
316      quarterly, upon the call of the chairperson, or at the request
317      of a majority of the membership.
318                (b)       A majority of the total number of current voting
319      members shall constitute a quorum. The board of directors may
320      take official action by a majority vote of the members present
321      at any meeting at which a quorum is present.
322                (c)       Meetings may be held via teleconference or other
323      electronic means.
324                (5)       The board shall conduct education for newly appointed
325      board members as provided by the Department of Economic

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         HB 7041                                                                                               2023




326      Opportunity in accordance with s. 189.063.
327                (6)       Space Florida may not endorse any candidate for
328      elected public office or contribute moneys to the campaign of
329      any such candidate the members appointed to the board of
330      directors of Enterprise Florida, Inc., by the Governor, the
331      President of the Senate, and the Speaker of the House of
332      Representatives pursuant to s. 288.901(5)(a)8. and the Governor,
333      who shall serve ex officio, or who may appoint a designee to
334      serve, as the chair and a voting member of the board.
335                Section 7.        Paragraph (e) of subsection (2) of section
336      331.310, Florida Statutes, is amended to read:
337                331.310      Powers and duties of the board of directors. —
338                (2)       The board of directors shall:
339                (e)       Prepare an annual report of operations as a supplement
340      to the annual report required under s. 331.3051(16) s.
341      331.3051(11). The report must include, but not be limited to, a
342      balance sheet, an income statement, a statement of changes in
343      financial position, a reconciliation of changes in equity
344      accounts, a summary of significant accounting principles, the
345      auditor's report, a summary of the status of existing and
346      proposed bonding projects, comments from management about the
347      year's business, and prospects for the next year.
348                Section 8.        Subsections (5) and (6) of section 331.3101,
349      Florida Statutes, are amended to read:
350                331.3101         Space Florida; travel and entertainment

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         HB 7041                                                                                               2023




351      expenses.—
352                (5)       In addition to the requirements set forth for the
353      annual report under subsection (3), the 2022 annual report by
354      Space Florida must also:
355                (a)       Provide an itemized accounting, by date of travel, of
356      all travel, entertainment, and incidental expenses incurred;
357                (b)       To the extent such expenses exceed the generally
358      allowable expense limits under s. 112.061, provide reasons
359      behind the need to exceed the statutory expense limits in s.
360      112.061;
361                (c)       Categorize expenses for Space Florida board members,
362      staff, employees, and business clients. The report must also set
363      forth any expenses authorized by the board or its designee for a
364      guest; and
365                (d)       Include information related to corrective actions and
366      steps taken by Space Florida to address the findings in Auditor
367      General Report No. 2022-049. This paragraph expires July 1,
368      2024.
369
370      This subsection expires July 1, 2023.
371                (6)       Notwithstanding the provisions of this section, travel
372      and entertainment expenses incurred by Space Florida may only be
373      for expenses that are solely and exclusively incurred in
374      connection with the performance of its statutory duties and made
375      in accordance with this subsection.

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         HB 7041                                                                                               2023




376                (a)       For the 2022-2023 fiscal year, Space Florida may not
377      expend any funds, whether appropriated by the Legislature or
378      from income earned by Space Florida, on travel and entertainment
379      expenses for the fiscal year in excess of an amount equal to 4
380      percent of the amount appropriated to Space Florida in the
381      General Appropriations Act. No funds may be expended on any
382      recreational activities for any Space Florida board member,
383      staff, employee, business client, or guest.
384                (b)       For the 2022-2023 fiscal year, Lodging expenses for a
385      board member, staff, or employee of Space Florida may not exceed
386      $150 per day, excluding taxes, unless Space Florida is
387      participating in a negotiated group rate discount or Space
388      Florida provides documentation of at least three comparable
389      alternatives demonstrating that such lodging at the required
390      rate is not available. However, a board member, staff, or
391      employee of Space Florida may expend his or her own funds for
392      any lodging expenses in excess of $150 per day.
393                (c)       This subsection expires July 1, 2023.
394                Section 9.       Section 331.312, Florida Statutes, is amended
395      to read:
396                331.312      Furnishing facilities and services within the
397      spaceport territory.—Space Florida may own, acquire, construct,
398      develop, create, maintain, equip, extend, improve, reconstruct,
399      and operate its projects within the geographical limits of the
400      spaceport territory, including any portions of the spaceport

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         HB 7041                                                                                               2023




401      territory located inside the boundaries of any incorporated
402      municipality or other political subdivision, and offer, supply,
403      maintain, and furnish the facilities and services provided for
404      in this act to, and establish and collect fees, rentals, and
405      other charges from, persons, public or private, within the
406      geographical limits of the spaceport territory and for the use
407      of Space Florida itself.
408                Section 10.          Section 331.313, Florida Statutes, is amended
409      to read:
410                331.313      Power of Space Florida with respect to roads.—
411                (1)       Within the territorial limits of any spaceport
412      territory, Space Florida may acquire, through purchase or
413      interagency agreement, or as otherwise provided in law, and
414      construct, control, and maintain, roads deemed necessary by
415      Space Florida and connections thereto and extensions thereof now
416      or hereafter acquired, constructed, or maintained in accordance
417      with established highway safety standards. However; provided
418      that, in the event a road being addressed by Space Florida is
419      owned by another agency or jurisdiction, Space Florida, before
420      proceeding with the proposed project or work activity, must
421      consult with shall have either coordinated the desired work with
422      the owning agency or jurisdiction that owns the road or shall
423      have successfully executed an interagency agreement with the
424      owning agency or jurisdiction.
425                (2)       Space Florida shall advise the Department of

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         HB 7041                                                                                               2023




426      Transportation of any determination Space Florida makes to
427      construct or maintain a road or bridge within its territory;
428      provide the department with complete copies of all documents,
429      agreements, resolutions, contracts, and instruments relating
430      thereto; and, if necessary, request the department to conduct
431      such construction or maintenance work, including the acquisition
432      of necessary rights-of-way, planning, surveying, and actual
433      construction of the project. Space Florida shall transfer to the
434      department any funds provided for such construction or
435      maintenance. The department is authorized to proceed with such
436      construction or maintenance and to use such funds for such work
437      in the same manner that the department is authorized to use the
438      funds otherwise provided by law for use in construction of roads
439      and bridges.
440                Section 11.          Section 331.324, Florida Statutes, is amended
441      to read:
442                331.324      Contracts, grants, and contributions.—
443                (1)       Space Florida may make and enter all contracts and
444      agreements necessary or incidental to the performance of the
445      functions of Space Florida and the execution of its powers, and
446      contract with, and accept and receive grants or loans of money,
447      material, or property from, any person, private or public, as
448      the board shall determine to be necessary or desira ble to carry
449      out the purposes of this act, and, in connection with any such
450      contract, grant, or loan, stipulate and agree to such covenants,

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         HB 7041                                                                                               2023




451      terms, and conditions as the board shall deem appropriate.
452                (2)       A proposed contract with a total cost of $10 million
453      or more is subject to the notice and review procedures of s.
454      216.177. If the chair and vice chair of the Legislative Budget
455      Commission or the President of the Senate and the Speaker of the
456      House of Representatives timely advises Space Florida in writing
457      that such proposed contract is contrary to legislative policy
458      and intent, Space Florida may not execute the contract. Space
459      Florida may not enter into multiple related contracts to avoid
460      the requirements of this subsection.
461                (3)(a)      After execution of a contract with a service
462      organization, Space Florida shall make and obtain independent
463      and periodic assessments of the effectiveness of the executed
464      contract document, the service organization, and any other
465      providers relevant to the contract, to ensure that adequate
466      internal controls are in place for complying with the terms and
467      conditions of the contract, for the validation and receipt of
468      goods and services, and to determine that the contracted service
469      is cost effective and meets Space Florida's requirements and
470      goals.
471                (b)       A final assessment report shall be submitted to the
472      Space Florida board of directors and the Secretary of Economic
473      Opportunity or his or her designee. Within 30 days after receipt
474      of the final assessment report, the board shall submit to the
475      Department of Economic Opportunity a written statement of

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476      explanation or rebuttal concerning findings requiring corrective
477      action, including corrective action to be taken to preclude a
478      recurrence.
479                (c)       Beginning October 1, 2023, and every 3 years
480      thereafter, Space Florida shall complete a risk-based compliance
481      assessment of all internal contracts executed by Space Florida
482      for the preceding 3 fiscal years. The assessment must include
483      steps to reasonably ensure that contracted service
484      organizations' controls relevant to services provided are
485      suitably designed and operating effectively. The assessment
486      findings must be submitted to the board of directors, the
487      Secretary of Economic Opportunity or his or her designee, the
488      Governor, the President of the Senate, and the Speaker of the
489      House of Representatives.
490                Section 12.          Subsection (4) of section 331.360, Florida
491      Statutes, is renumbered as subsection (5), subsection (3) is
492      amended, and a new subsection (4) is added to that section, to
493      read:
494                331.360      Joint participation agreement or assistance;
495      spaceport master plan.—
496                (3)       Space Florida shall develop a spaceport master plan
497      for expansion and modernization of space transportation
498      facilities within spaceport territories as defined in s.
499      331.303. The plan shall contain recommended projects to meet
500      current and future commercial, national, and state space

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501      transportation requirements. Space Florida shall submit the plan
502      to any appropriate metropolitan planning organization for review
503      of intermodal impacts. Space Florida shall submit the spaceport
504      master plan to the Department of Transportation, and such plan
505      may be included within the department's 5-year work program of
506      qualifying aerospace discretionary capacity improvement under
507      subsection (5) (4). The plan shall identify appropriate funding
508      levels and include recommendations on appropriate sources of
509      revenue that may be developed to contribute to the State
510      Transportation Trust Fund.
511                (4)       Space Florida shall solicit input from the National
512      Aeronautics and Space Administration, the United States
513      Department of Defense, and other political subdivisions that own
514      facilities within spaceport territory as Space Florida develops
515      the spaceport master plan.
516                Section 13.          In the event of a conflict of any provision of
517      this act with the provisions of any other act, the provisions of
518      this act shall control to the extent of such conflict.
519                Section 14.          This act shall take effect July 1, 2023.




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                                COMMERCE COMMITTEE

                                  HB 7041 by Rep. Sirois
                                      Space Florida

                                 AMENDMENT SUMMARY
                                     April 10, 2023


Amendment 1 by Rep. Sirois (strike-all):
  • Removes the provision from the bill that requires Space Florida contracts over $10
     million to be reviewed by the Legislative Budget Commission.
  • Removes the provision from the bill that requires Space Florida to solicit input on its
     plans and activities from the aerospace industry.
  • Allows the Department of Economic Opportunity (DEO) to submit a proposed operating
     budget on behalf of Space Florida, similar to DEO’s current requirement for Enterprise
     Florida.
  • Restructures the provision in the bill regarding Space Florida’s board of directors to allow
     more options for appointments.
  • Clarifies when audit requirements are applicable for contracts with service organizations.
  • Clarifies the definition of “landing area.”
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 7041   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:        Commerce Committee
 2     Representative Sirois offered the following:
 3          Amendment (with title amendment)
 4          Remove everything after the enacting clause and insert:
 5          Section 1.    Paragraph (b) of subsection (9) and paragraph
 6     (b) of subsection (10) of section 20.60, Florida Statutes, are
 7     amended to read:
 8          20.60     Department of Economic Opportunity; creation; powers
 9     and duties.—
10          (9)     The secretary shall:
11          (b)     Serve as the manager for the state with respect to
12     contracts with Space Florida, Enterprise Florida, Inc., and all
13     applicable direct-support organizations. To accomplish the
14     provisions of this section and applicable provisions of chapters
15     chapter 288 and 331, and notwithstanding the provisions of part
16     I of chapter 287, the secretary shall enter into specific
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                                                   Bill No. HB 7041     (2023)
       Amendment No. 1


17     contracts with Space Florida, Enterprise Florida, Inc., and all
18     applicable other appropriate direct-support organizations. Such
19     contracts may be for multiyear terms and must include specific
20     performance measures for each year. For purposes of this
21     section, the Florida Tourism Industry Marketing Corporation and
22     the Institute for Commercialization of Florida Technology are
23     not appropriate direct-support organizations.
24          (10)    The department, with assistance from Enterprise
25     Florida, Inc., shall, by November 1 of each year, submit an
26     annual report to the Governor, the President of the Senate, and
27     the Speaker of the House of Representatives on the conditi on of
28     the business climate and economic development in the state.
29          (b)     The report must incorporate annual reports of other
30     programs, including:
31          1.     Information provided by the Department of Revenue under
32     s. 290.014.
33          2.     Information provided by enterprise zone development
34     agencies under s. 290.0056 and an analysis of the activities and
35     accomplishments of each enterprise zone.
36          3.     The Economic Gardening Business Loan Pilot Program
37     established under s. 288.1081 and the Economic Gardening
38     Technical Assistance Pilot Program established under s.
39     288.1082.




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                                                   Bill No. HB 7041    (2023)
       Amendment No. 1


40          4.    A detailed report of the performance of the Black
41     Business Loan Program and a cumulative summary of quarterly
42     report data required under s. 288.714.
43          5.    The Rural Economic Development Initiative establi shed
44     under s. 288.0656.
45          6.    The Florida Unique Abilities Partner Program.
46          7.    A detailed report of the performance of the Florida
47     Development Finance Corporation and a summary of the
48     corporation's report required under s. 288.9610.
49          8.    Information provided by Space Florida under s. 331.3051
50     and an analysis of the activities and accomplishments of Space
51     Florida.
52          Section 2.    Paragraph (a) of subsection (2) of section
53     288.0001, Florida Statutes, is amended to read:
54          288.0001     Economic Development Programs Evaluation.—The
55     Office of Economic and Demographic Research and the Office of
56     Program Policy Analysis and Government Accountability (OPPAGA)
57     shall develop and present to the Governor, the President of the
58     Senate, the Speaker of the House of Representatives, and the
59     chairs of the legislative appropriations committees the Economic
60     Development Programs Evaluation.
61          (2)    The Office of Economic and Demographic Research and
62     OPPAGA shall provide a detailed analysis of economic development
63     programs as provided in the following schedule:


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64          (a)     By January 1, 2014, and every 3 years thereafter, an
65     analysis of the following:
66          1.     The capital investment tax credit established under s.
67     220.191.
68          2.     The qualified target industry tax refund established
69     under s. 288.106.
70          3.     The brownfield redevelopment bonus refund established
71     under s. 288.107.
72          4.     High-impact business performance grants established
73     under s. 288.108.
74          5.     The Quick Action Closing Fund established under s.
75     288.1088.
76          6.     The Innovation Incentive Program established under s.
77     288.1089.
78          7.     Enterprise Zone Program incentives established under
79     ss. 212.08(5) and (15), 212.096, 220.181, and 220.182.
80          8.     The New Markets Development Program established under
81     ss. 288.991-288.9922.
82          9.     Space Florida established under s. 331.302.
83          Section 3.     Subsections (1) and (9) of section 331.303,
84     Florida Statutes, are amended to read:
85          331.303    Definitions.—
86          (1)     "Aerospace" means the technology and industry related
87     to the design, manufacture, maintenance, repair, and operation
88     of aircraft or any other device intended to be used or designed
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                                                   Bill No. HB 7041   (2023)
        Amendment No. 1


 89     for flight or reentry, including that designs and manufactures
 90     aircraft, rockets, missiles, spacecraft, satellites, space
 91     vehicles, space stations, space and aircraft facilities or
 92     components thereof, and related equipment, systems, facilities,
 93     simulators, programs, and related activities, including, but not
 94     limited to, the application of aerospace and aviation
 95     technologies in air-based, land-based, space-based, and sea-
 96     based platforms for commercial, civil, and defense purposes.
 97          (9)    "Landing area" means the geographical area designated
 98     by Space Florida, or another appropriate entity, within the
 99     spaceport territory, or another appropriate area, used for or
100     intended to be used for the landing, controlling, assisting,
101     flying, navigating, piloting, maintenance, construction, and
102     surface maneuvering of any launch or other space vehicle or
103     aerospace technology or craft.
104          Section 4.   Subsection (13) of section 331.305, Florida
105     Statutes, is amended to read:
106          331.305   Powers of Space Florida.—Space Florida may:
107          (13)   Own, acquire, construct, reconstruct, equip, operate,
108     maintain, extend, or improve electric power plants, transmission
109     lines and related facilities, gas mains and facilities of any
110     nature for the production or distribution of natural gas,
111     transmission lines and related facilities and plants and
112     facilities for the generation and transmission of power through
113     traditional and new and experimental sources of power and
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                                                    Bill No. HB 7041   (2023)
        Amendment No. 1


114     energy; purchase electric power, natural gas, and other sources
115     of power for distribution within any spaceport territory;
116     develop and operate water and sewer systems and waste collection
117     and disposal consistent with chapter 88-130, Laws of Florida;
118     and develop and operate such new and experimental public
119     utilities, including, but not limited to, centrally distributed
120     heating and air-conditioning facilities and services, closed-
121     circuit television systems, and computer services and
122     facilities, as the board may from time to time determine.
123     However, Space Florida may not construct any system, work,
124     project, or utility authorized to be constructed under this
125     subsection paragraph in the event that a system, work, project,
126     or utility of a similar character is being actually operated by
127     a municipality or private company in the municipality or
128     territory adjacent thereto, unless such municipality or private
129     company consents to such construction.
130          Section 5.     Subsection (11) of section 331.3051, Florida
131     Statutes, is renumbered as subsection (14), subsections (2),
132     (3), and (6), paragraph (e) of subsection (7), and present
133     subsection (11) of that section are amended, and a new
134     subsection (11) and subsections (12) and (13) are added to that
135     section, to read:
136          331.3051     Duties of Space Florida.—Space Florida shall:
137          (2)   Enter into agreement with the Department of Education,
138     the Department of Transportation, the Department of Economic
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                                                   Bill No. HB 7041   (2023)
        Amendment No. 1


139     Opportunity Enterprise Florida, Inc., and CareerSource Florida,
140     Inc., for the purpose of implementing this act.
141          (3)   In cooperation with the Department of Economic
142     Opportunity Enterprise Florida, Inc., develop a plan to retain,
143     expand, attract, and create aerospace industry entities, public
144     or private, which results in the creation of high-value-added
145     businesses and jobs in this state. By August 15 of each fiscal
146     year, the Department of Economic Opportunity shall submit a
147     proposed operating budget for Space Florida which includes
148     amounts to be expended on incentives, advertising, events, other
149     operating capital outlay, and salaries and benefits for each
150     employee to the Governor, the President of the Senate, and the
151     Speaker of the House of Representatives.
152          (6)   Develop, in cooperation with the Department of
153     Economic Opportunity Enterprise Florida, Inc., a plan to provide
154     financing assistance to aerospace businesses. The plan may
155     include the following activities:
156          (a)   Assembling, publishing, and disseminating information
157     concerning financing opportunities and techniques for aerospace
158     projects, programs, and activities; sources of public and
159     private aerospace financing assistance; and sources of
160     aerospace-related financing.
161          (b)   Organizing, hosting, and participating in seminars and
162     other forums designed to disseminate information and technical
163     assistance regarding aerospace-related financing.
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164          (c)    Coordinating with programs and goals of the Department
165     of Defense, the National Aeronautics and Space Administration,
166     the Export-Import Bank of the United States, the International
167     Trade Administration of the United States Department of
168     Commerce, the Foreign Credit Insurance Association, and other
169     private and public programs and organizations, domestic and
170     foreign.
171          (d)    Establishing a network of contacts among those
172     domestic and foreign public and private organizations that
173     provide information, technical assistance, and financial support
174     to the aerospace industry.
175          (e)    Financing aerospace business development projects or
176     initiatives using funds provided by the Legislature.
177          (7)    Carry out its responsibilities for spaceport
178     operations by:
179          (e)    Consulting regularly, as necessary, with the
180     appropriate federal, state, and local authorities, including the
181     National Aeronautics and Space Administration, the Federal
182     Aviation Administration, the Department of Defense, the
183     Department of Transportation, the Florida National Guard, and
184     industry on all aspects of establishing and operating spaceport
185     infrastructure and related aerospace facilities within the
186     state.
187          (11)   Partner with the Board of Governors to foster
188     technological advancement and economic development for spaceport
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189     activities by strengthening higher education programs and
190     supporting aerospace activities.
191          (12)    Partner with the Division of Workforce Services of
192     the Department of Economic Opportunity, CareerSource Florida,
193     Inc., and local workforce development boards to support
194     initiatives that address the high technology skills and staff
195     resources needed to better promote the state's efforts in
196     becoming the nation's leader in aerospace and space exploration .
197          (13)    Partner with the Metropolitan Planning Organization
198     Advisory Council to coordinate and specify how aerospace
199     planning and programming will be part of the state's cooperative
200     transportation planning process.
201          (14)(a)(11)    In addition to the reporting requirements in
202     chapter 189, annually by October 1 report on its performance
203     during the previous fiscal year with respect to its business
204     plan, to include finance, spaceport operations, research and
205     development, workforce development, and education. Space Florida
206     shall submit the report to the Department of Economic
207     Opportunity for inclusion in the annual report required under s.
208     20.60 Governor, the President of the Senate, and the Speaker of
209     the House of Representatives by November 30 for the previous
210     fiscal year.
211          (b)     The annual report must include:
212          1.     Operations information as required under s.
213     331.310(2)(e).
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214          2.    Activities, accomplishments, and progress concerning
215     the implementation of the spaceport master plan and other
216     measurable goals, and any updates to such plan and measurable
217     goals.
218          3.    Data on the economic impact of the aerospace industry
219     in this state during the previous year, including, but not
220     limited to, the amount and sources of capital investment, the
221     number of jobs created and retained, and annualized average
222     wages, listed by geographic areas within this state as specified
223     by the board.
224          4.    Any other information required by the Department of
225     Economic Opportunity.
226          (c)    Space Florida shall provide a copy of the special
227     district public facilities report required under s. 189.08 to
228     Space Florida's property owners, project owners, and users.
229          Section 6.     Section 331.3081, Florida Statutes, is amended
230     to read:
231          331.3081     Board of directors; officers and employees of
232     Space Florida.—
233          (1)    Space Florida shall be governed by an a 13-member
234     independent board of directors composed of that consists of the
235     members appointed to the board of directors of Enterprise
236     Florida, Inc., by the Governor, the President of the Senate, and
237     the Speaker of the House of Representatives pursuant to s.
238     288.901(5)(a)8. and the Governor, who shall serve ex officio, or
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239     who may appoint a designee to serve, as the chair and a voting
240     member of the board, and the following appointed members:
241          (a)     The Secretary of Transportation or his or her
242     designee.
243          (b)     Five members appointed by the Governor.
244          (c)     One member appointed by the President of the Senate.
245          (d)     One member appointed by the Speaker of the House of
246     Representatives.
247          (e)     Three representatives appointed by the Governor, who
248     shall serve ex officio as nonvoting members of the board, one
249     each from the following entities:
250          1.     An airport authority with the capability for horizontal
251     launches, such as the Jacksonville Aviation Authority or
252     Titusville-Cocoa Airport Authority.
253          2.     Operations or management of a port district or port
254     authority, as defined in s. 315.02(2).
255          3.     Operations or management of a spaceport territory, as
256     identified in s. 331.304.
257          (2)(a)    The appointing officials may only consider for
258     appointment to the board individuals who have at least 5 years
259     of experience in at least one of the following areas:
260          1.     Bond financing;
261          2.     Study of aerospace, aviation, or a relevant science
262     within academia;


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263          3.    Management or operation of aircraft facilities, fixed-
264     base operations, or commercial airport operations;
265          4.    Management or finance of a technology or manufacturing
266     startup business or international business; or
267          5.    Experience advocating for the state's interests in the
268     aerospace industry or representing the intent, duties, goals and
269     purpose of Space Florida.
270          (b)    Each appointee must be a resident of this state or
271     have a business enterprise in this state.
272          (3)    Appointed members shall serve 4-year terms, except
273     that initially, to provide for staggered terms, the Governor
274     shall appoint two members to serve 2-year terms and two members
275     to serve 3-year terms. All subsequent appointments shall be for
276     4-year terms.
277          (4)    Initial appointments must be made by October 1, 2023.
278     Terms end on September 30 of the last year of the member's term.
279          (5)    Any member is eligible for reappointment, except that
280     a member may not serve more than two 4-year terms.
281          (6)    A vacancy on the board of directors must be filled for
282     the remainder of the unexpired term in the same manner as the
283     original appointment.
284          (7)    Appointed members may be removed by the appointing
285     official for cause. Absence from three consecutive meetings is
286     cause for removal.


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287          (8)    Board members shall serve without compensation, but
288     are entitled to receive reimbursement for per diem and travel
289     expenses pursuant to s. 112.061. Such expenses must be paid out
290     of Space Florida funds.
291          (9)(a)   The board of directors shall meet at least
292     quarterly, upon the call of the chairperson, or at the request
293     of a majority of the membership.
294          (b)    A majority of the total number of current voting
295     members constitutes a quorum. The board of directors may take
296     official action by a majority vote of the members present at any
297     meeting at which a quorum is present.
298          (c)    Meetings may be held via teleconference or other
299     electronic means.
300          (10)   In addition to the requirements in chapter 189, open
301     meeting and public records requirements of chapter 119 and s.
302     286.011 apply to Space Florida and its board of directors.
303          (11)   The board shall conduct education programs for newly
304     appointed board members as provided by the Department of
305     Economic Opportunity in accordance with s. 189.063.
306          (12)   Space Florida may not endorse any candidate for
307     elected public office or contribute moneys to the campaign of
308     any such candidate.
309          Section 7.     Members appointed to the board of directors of
310     Space Florida before July 1, 2023, may continue to serve on the
311     board until October 1, 2023. All new appointments to the board
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312     of directors as required in s. 331.3081, Florida Statutes, as
313     amended by this act, shall take effect on October 1, 2023.
314          Section 8.     Paragraphs (e) and (f) of subsection (2) of
315     section 331.310, Florida Statutes, are amended to read:
316          331.310    Powers and duties of the board of directors. —
317          (2)     The board of directors shall:
318          (e)     Prepare an annual report of operations as a supplement
319     to the annual report required under s. 331.3051(14) s.
320     331.3051(11). The report must include, but not be limited to, a
321     balance sheet, an income statement, a statement of changes in
322     financial position, a reconciliation of changes in equity
323     accounts, a summary of significant accounting principles, the
324     auditor's report, a summary of the status of existing and
325     proposed bonding projects, comments from management about the
326     year's business, and prospects for the next year.
327          (f)     Establish a personnel management system and
328     appropriate security controls, including access privileges and
329     other measures to protect the confidentiality, integrity, and
330     availability of data and resources.
331          Section 9.     Subsections (5) and (6) of section 331.3101,
332     Florida Statutes, are amended to read:
333          331.3101     Space Florida; travel and entertainment
334     expenses.—




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335          (5)     In addition to the requirements set forth for the
336     annual report under subsection (3), the 2022 annual report by
337     Space Florida must also:
338          (a)     Provide an itemized accounting, by date of travel, of
339     all travel, entertainment, and incidental expenses incurred;
340          (b)     To the extent such expenses exceed the generally
341     allowable expense limits under s. 112.061, provide reasons
342     behind the need to exceed the statutory expense limits in s.
343     112.061;
344          (c)     Categorize expenses for Space Florida board members,
345     staff, employees, and business clients. The report must also set
346     forth any expenses authorized by the board or its designee for a
347     guest; and
348          (d)     Include information related to corrective actions and
349     steps taken by Space Florida to address the findings in Auditor
350     General Report No. 2022-049. This paragraph expires July 1, 2024
351     This subsection expires July 1, 2023.
352          (6)     Notwithstanding the provisions of this section, travel
353     and entertainment expenses incurred by Space Florida may only be
354     for expenses that are solely and exclusively incurred in
355     connection with the performance of its statutory duties and made
356     in accordance with this subsection.
357          (a)     For the 2022-2023 fiscal year, Space Florida may not
358     expend any funds, whether appropriated by the Legislature or
359     from income earned by Space Florida, on travel and entertainment
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360     expenses for the fiscal year in excess of an amount equal to 4
361     percent of the amount appropriated to Space Florida in the
362     General Appropriations Act. No funds may be expended on any
363     recreational activities for any Space Florida board member,
364     staff, employee, business client, or guest.
365          (b)   For the 2022-2023 fiscal year, Lodging expenses for a
366     board member, staff, or employee of Space Florida may not exceed
367     $150 per day, excluding taxes, unless Space Florida is
368     participating in a negotiated group rate discount or Space
369     Florida provides documentation of at least three comparable
370     alternatives demonstrating that such lodging at the required
371     rate is not available. However, a board member, staff, or
372     employee of Space Florida may expend his or her own funds for
373     any lodging expenses in excess of $150 per day.
374          (c)   This subsection expires July 1, 2023.
375          Section 10.   Section 331.312, Florida Statutes, is amended
376     to read:
377          331.312   Furnishing facilities and services within the
378     spaceport territory.—Space Florida may own, acquire, construct,
379     develop, create, maintain, equip, extend, improve, reconstruct,
380     and operate its projects within the geographical limits of the
381     spaceport territory, including any portions of the spaceport
382     territory located inside the boundaries of any incorporated
383     municipality or other political subdivision, and offer, supply,
384     maintain, and furnish the facilities and services provided for
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385     in this act to, and establish and collect fees, rentals, and
386     other charges from, persons, public or private, within the
387     geographical limits of the spaceport territory and for the use
388     of Space Florida itself.
389          Section 11.   Section 331.313, Florida Statutes, is amended
390     to read:
391          331.313   Power of Space Florida with respect to roads.—
392          (1)   Within the territorial limits of any spaceport
393     territory, Space Florida may acquire, through purchase or
394     interagency agreement, or as otherwise provided in law, and
395     construct, control, and maintain, roads deemed necessary by
396     Space Florida and connections thereto and extensions thereof now
397     or hereafter acquired, constructed, or maintained in accordance
398     with established highway safety standards. However; provided
399     that, in the event a road being addressed by Space Florida is
400     owned by another agency or jurisdiction, Space Florida, before
401     proceeding with the proposed project or work activity, must
402     consult shall have either coordinated the desired work with the
403     owning agency or jurisdiction that owns the road or shall have
404     successfully executed an interagency agreement with the owning
405     agency or jurisdiction.
406          (2)   Space Florida shall advise the Department of
407     Transportation of any determination Space Florida makes to
408     construct or maintain a road or bridge within its territory;
409     provide the department with complete copies of all documents,
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410     agreements, resolutions, contracts, and instruments relating to
411     such construction or maintenance; and, if necessary, request the
412     department to perform such construction or maintenance work,
413     including the acquisition of necessary rights-of-way, planning,
414     surveying, and actual construction of the project. Space Florida
415     shall transfer to the Department of Transportation any funds
416     provided for such construction or maintenance. The Department of
417     Transportation is authorized to proceed with such construction
418     or maintenance and to use funds for such work in the same manner
419     that the department is authorized to use the funds otherwise
420     provided by law for construction of roads and bridges.
421          Section 12.    Section 331.324, Florida Statutes, is amended
422     to read:
423          331.324    Contracts, grants, and contributions.—
424          (1)   Space Florida may make and enter all contracts and
425     agreements necessary or incidental to the performance of the
426     functions of Space Florida and the execution of its powers, and
427     contract with, and accept and receive grants or loans of mon ey,
428     material, or property from, any person, private or public, as
429     the board shall determine to be necessary or desirable to carry
430     out the purposes of this act, and, in connection with any such
431     contract, grant, or loan, stipulate and agree to such covenants ,
432     terms, and conditions as the board shall deem appropriate.
433          (2)(a)    A contract with a service organization for services
434     which exceeds $250,000 and is for a period of 12 months or
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435     longer must include provisions requiring an auditor report to
436     provide periodic assessments of the effectiveness of the
437     executed contract document, the service organization, and any
438     other providers relevant to the contract, to ensure that the
439     service organization maintains adequate internal controls to
440     comply with the terms and conditions of the contract, to
441     validate and receive goods and services, and to determine
442     whether the contracted service is cost-effective and meets Space
443     Florida's requirements and goals.
444          (b)   Space Florida shall submit the auditor's final report
445     to the Space Florida board of directors and the Secretary of
446     Economic Opportunity or his or her designee. Within 30 days
447     after receipt of the final report, the board shall submit to the
448     Department of Economic Opportunity a written statement of
449     explanation or rebuttal concerning findings requiring corrective
450     action, including corrective action to be taken to preclude a
451     recurrence of such findings.
452          Section 13.   In the event of a conflict of any provision of
453     this act with the provisions of any other act, this act shall
454     control to the extent of such conflict.
455          Section 14.   This act shall take effect July 1, 2023.
456
457           -----------------------------------------------------
458                        T I T L E   A M E N D M E N T
459          Remove everything before the enacting clause and insert:
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460                           A bill to be entitled
461          An act relating to Space Florida; amending s. 20.60,
462          F.S.; requiring the Secretary of Economic Opportunity
463          to serve as the manager for the state with respect to
464          contracts with Space Florida; requiring that an annual
465          report submitted by the Department of Economic
466          Opportunity include specified information provided by
467          Space Florida and a certain analysis; amending s.
468          288.0001, F.S.; requiring the Office of Economic and
469          Demographic Research and the Office of Program Policy
470          Analysis and Government Accountability to provide to
471          the Governor and the Legislature an analysis of Space
472          Florida; amending s. 331.303, F.S.; revising
473          definitions; amending s. 331.305, F.S.; making a
474          technical change; amending s. 331.3051, F.S.; revising
475          the duties of Space Florida; requiring the Department
476          of Economic Opportunity to annually submit a proposed
477          operating budget by a specified date; requiring Space
478          Florida to annually report on its performance by a
479          specified date; amending s. 331.3081, F.S.; revising
480          membership of the board of directors of Space Florida;
481          providing for staggered terms, reappointments, filling
482          of vacancies, and removal of members; providing that
483          members serve without compensation but may receive
484          reimbursement for per diem and travel expenses;
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485          providing that open meeting and public records apply
486          to Space Florida and its board of directors; requiring
487          the board to conduct certain education programs for
488          new board members; prohibiting Space Florida from
489          endorsing a candidate for elected public office or
490          contributing moneys to such candidate's campaign;
491          specifying that certain members of the board may serve
492          until a specified date; requiring that the
493          appointments of certain board members take effect on a
494          specified date; amending s. 331.310, F.S.; conforming
495          a cross-reference; revising the powers and duties of
496          the board of directors of Space Florida; amending s.
497          331.3101, F.S.; revising the scheduled expiration of
498          provisions requiring certain information in an annual
499          report; deleting the scheduled expiration of
500          provisions relating to the expenditure of certain
501          funds; amending s. 331.312, F.S.; expanding the
502          authority Space Florida may exercise within certain
503          geographical limits; amending s. 331.313, F.S.;
504          requiring Space Florida to consult with certain
505          agencies and jurisdictions regarding certain roads;
506          requiring Space Florida to advise the Department of
507          Transportation of certain determinations and take
508          certain actions relating to certain construction
509          projects; requiring Space Florida to transfer certain
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510          funds to the Department of Transportation; authorizing
511          the Department of Transportation to proceed with
512          certain construction or maintenance in a certain
513          manner; amending s. 331.324, F.S.; requiring that
514          certain contracts include provisions requiring a
515          auditor report to provide certain periodic
516          assessments; requiring Space Florida to submit the
517          auditor's final assessment report to specified
518          entities; requiring the board of directors to submit a
519          certain statement to the Department of Economic
520          Opportunity within a specified timeframe; providing
521          construction; providing an effective date.




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PCB COM 23-03
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCB COM 23-03 Natural Emergencies
SPONSOR(S): Commerce Committee
TIED BILLS:      IDEN./SIM. BILLS: CS/CS SB 250

    REFERENCE                                                     ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                         Larkin                Hamon

                                                        SUMMARY ANALYSIS
The bill:
•    Requires the Division of Emergency Management (DEM) to post on its website a model debris removal
     contract for the benefit of local governments.
•    Encourages local governments to create emergency financial plans in preparation for major natural
     disasters.
•    Provides that counties and municipalities cannot prohibit a resident from placing a temporary residential
     structure on their property for up to 36 months following a natural emergency under certain circumstances.
•    Authorizes local governments to create specialized building inspection teams following a natural disaster
     and encourages interlocal agreements for additional building inspection services during a state of
     emergency.
•    Requires local governments to expedite the issuance of permits following a natural disaster.
•    Increases the extension of certain building permits following a declaration of a state of emergency from 6 to
     24 months and caps such extension at 48 months in the event of multiple natural emergencies.
•    Prohibits counties and municipalities within the disaster declaration for Hurricane Ian or Hurricane Nicole
     from increasing building fees until October 1, 2024.
•    Allows registered contractors to engage in contracting for the types of work covered by their registration
     within areas for which a state of emergency has been declared.
•    Prohibits counties and municipalities within the disaster declaration for Hurricane Ian or Hurricane Nicole
     from adopting more restrictive or burdensome procedures to its comprehensive plan or land development
     regulations concerning review, approval, or issuance of a site plan, development permit, or development
     order before October 1, 2024.
•    Amends the Consultants’ Competitive Negotiation Act to allow for additional disaster-related construction
     projects relating to Hurricane Ian to utilize the “continuing contracts” provision through December 31, 2023.
•    Provides clarification regarding abandoned vessels and their destruction.
•    Directs DEM to administer a revolving loan program for local government hazard mitigation projects, and
     appropriates $1,000,000 in nonrecurring funds from the General Revenue Fund and $10,000,000 in
     nonrecurring funds from the Federal Grants Trust Fund for such activity. Such funds will be held in reserve,
     contingent upon FEMA approval and release by the Legislative Budget Commission.
•    Makes the Local Government Emergency Bridge Loan Program a revolving program and makes funds
     available for local governments impacted by federally declared disasters until July 1, 2038. Additionally, the
     bill appropriates $50 million in nonrecurring funds from the General Revenue Fund to the program.

The bill has a significant fiscal impact on state government and an may have an insignificant fiscal impact on
local governments. See II. FISCAL ANALYSIS AND ECONOMIC IMPACT STATEMENT for further discussion.

The bill has an effective date of July 1, 2023, unless otherwise expressly provided.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcb03.COM
DATE: 4/8/2023
                                                     FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Emergency Management – Current Situation

        The State Emergency Management Act, ch. 252, F.S., was enacted to be the legal framework for this
        state’s emergency management activities, recognizing the state’s vulnerability to a wide range of
        emergencies, including natural, manmade, and technological disasters. 1 In order to reduce the state’s
        vulnerability to these circumstances and to prepare to respond to them, the act promotes the state’s
        emergency readiness through enhanced coordination, long-term planning, and adequate funding. 2

        The act creates the Division of Emergency Management (DEM) within the Executive Office of the
        Governor and grants DEM with powers and duties necessary to mitigate the vulnerability of life,
        property, and economic prosperity due to natural and manmade disasters. 3 The responsibilities of DEM
        include:
        • Carrying out the State Emergency Management Act;
        • Maintaining a comprehensive statewide program of emergency management; and
        • Coordinating with efforts of the federal government with other departments and agencies of state
            government, with county and municipal governments and school boards, and with private agencies
            that have a role in emergency management. 4

        The act also delineates the Governor’s authority to declare a state of emergency, issue executive
        orders, and otherwise lead the state during emergencies. If the Governor finds that an emergency 5 has
        occurred or is imminent, he or she must declare a state of emergency. 6 An executive order or
        proclamation of a state of emergency shall identify whether the state of emergency is due to a minor, 7
        major, 8 or catastrophic 9 disaster. 10 The state of emergency must continue until the Governor finds that
        the threat or danger has been dealt with to the extent that the emergency conditions no longer exist,
        but no state of emergency may continue for longer than 60 days unless renewed by the Governor. 11
        Additionally, the Legislature may end a state of emergency by passing a concurrent resolution. 12

        In a state of emergency, the Governor has broad power to perform necessary actions to ensure
        Floridians' health, safety, and welfare. A state of emergency provides the governor with additional
        authority not otherwise present, such as the ability to impose curfews, order evacuations, determine
        means of ingress and egress to and from affected areas, and commandeer or utilize private property




1 S. 252.311(1), F.S.
2 S. 252.311(2), F.S.
3 S. 252.32(1)(a) and 252.34(3), F.S.
4 S. 252.35(1) and (2), F.S.
5 “Emergency” means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace,

which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. See
s. 252.34(4), F.S.
6 S. 252.36(2), F.S.
7 “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in

only a minimal need for state or federal assistance. See s. 252.34(2)(c), F.S.
8 “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal

assistance. See s. 252.34(2)(b), F.S.
9 “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate

military involvement. See s. 252.34(2)(a), F.S.
10 S. 252.36(4)(c), F.S.
11 Supra note 6.
12 S. 252.36(3), F.S.
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DATE: 4/8/2023
         subject to compensation. 13 To effectively facilitate emergency measures, the Governor has the power
         to issue executive orders, proclamations, and rules, which have the force and effect of law. 14

         Through this emergency power, the Governor can suspend the provisions of any regulatory statute if
         compliance would prevent, hinder, or delay necessary action to deal with the emergency. Further, as
         designated by the Governor or in emergency management plans, state agencies, local governments,
         and others can make, amend, and rescind orders and rules as necessary for emergency management
         purposes. However, these orders and rules cannot conflict with orders of the Governor, DEM, or other
         state agencies delegated emergency powers by the Governor.

         When there is a disaster in the United States, the Governor of an affected state must request an
         emergency and major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency
         Assistance Act. 15 All emergency and disaster declarations are made at the discretion of the President
         of the United States. 16 There are two types of disaster declarations, emergency declarations and major
         disaster declarations. 17 Both declarations allow for federal assistance to states and local governments,
         however they differ in scope, types, and amount of assistance available. 18 Primary federal disaster
         assistance administered by the Federal Emergency Management Agency (FEMA) is provided via the
         Individual Assistance Program and the Public Assistance Grant Program. The scope of an event will
         determine which categories within each program are available to affected states.

         One component of the Public Assistance Grant Program is the provision of direct assistance or
         reimbursement to state and local governments for the costs of removing debris and wreckage from
         public and private property.

         Emergency Management – Effect of Bill

         Temporary Shelters

         The bill provides that a county and a municipality must allow for a resident to place a temporary
         structure on residential property if the permanent residential structure was damaged and rendered
         uninhabitable during a natural emergency 19 for which the Governor declared a state of emergency. A
         temporary structure includes, but is not limited to, a recreational vehicle, trailer, or similar structure. A
         county or a municipality may not prohibit the placement of a temporary structure on the property for up
         to 36 months after the date of the declaration of emergency or until a certificate of occupancy is issued
         for the permanent residential structure, whichever occurs first, if all the following circumstances apply:
         • The resident makes a good faith effort to rebuild or renovate the damaged permanent residential
              structure, including, but not limited to, applying for a building permit, submitting a plan or design to
              the county, or obtaining a construction loan;
         • The temporary shelter is connected to the water and electric utilities and does not present a threat
              to health and human safety; and
         • The resident lives in the temporary structure.

         Local Emergency Financial Plans

         The bill encourages local governmental entities to develop an emergency financial plan for major
         natural disasters that may impact its jurisdiction. Each financial plan should be based off the likelihood
         of each disaster’s occurrence and should also include an estimated cost of the impact and evaluation of
         available financial help to the local government, including backup plans to address any gaps in funding

13 See s. 252.36(6), F.S.
14 S. 252.36(1)(b), F.S.
15 2 U.S.C. §§ 5121-5207
16 FEMA, How a Disaster Gets Declared, https://www.fema.gov/disaster/how-declared (last visited April 4, 2023.)
17 Id.
18 Id.
19 “Natural emergency” means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm,

a flood, severe wave action, a drought, or an earthquake. See s. 252.34(8), F.S.
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        during the event of a natural disaster. Local governmental entities should annually review their
        emergency financial plans to address changes in conditions.

        Division of Emergency Management Requirements – Model Contracts, Technical Assistance, Hazard
        Mitigation Projects

        The bill requires DEM to:
        • Post an initial model of a local government contract for debris removal to their website no later than
           June 1, 2023, and to post an updated model no later than June 1 of each subsequent year.
        • Prioritize technical assistance and training to fiscally constrained counties 20 as defined in s. 218.67,
           F.S., on aspects of safety measures, preparedness, prevention, response, recovery, and mitigation
           relating to natural disasters and emergencies.

        In addition, the bill requires DEM to administer a revolving loan program for local government hazard
        mitigation projects. This provision will allow DEM to receive grant funding from FEMA to administer the
        Safeguarding Tomorrow Revolving Loan Fund Program, described in more detail below.

        This section is effective upon becoming law.

        Safeguarding Tomorrow Revolving Loan Fund Program – Current Situation

        The Safeguarding Tomorrow through Ongoing Risk Mitigation (“STORM”) Act, which became federal
        law on January 1, 2021, authorizes FEMA to provide capitalization grants to states and federally
        recognized tribes to establish revolving loan programs for hazard mitigation. The revolving loan funds
        will be used by local governments to fund projects to increase resiliency and mitigate the impacts of
        natural hazards including drought; severe storms, hurricanes, tornadoes, windstorms, cyclones, and
        severe winter; storms; wildfires; earthquakes; flooding; shoreline erosion; high water levels; and storm
        surges. 21

        Under STORM, local governments can apply to the state entity for such loans with an interest rate of no
        more than 1 percent, which must be repaid by the local government no later than 20 years after the
        date the project is completed, or 30 years for projects in low-income areas. 22 STORM represents the
        first time that a revolving loan fund has been set up to fund hazard mitigation.

        In December 2022, FEMA released the Notice of Funding Opportunity making available $50 million for
        revolving loan program funding. 23 DEM intends to apply to FEMA by April 29, 2023, for a capitalization
        grant to establish a revolving loan program for the state of Florida. 24 DEM issued a public notice
        seeking proposals from communities to develop a project proposal list to accompany its application to
        FEMA. 25

        Safeguarding Tomorrow Revolving Loan Fund Program – Effect of Bill



20 Each 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., F.S., from the previous July 1, shall be considered a fiscally constrained county. There
are currently 29 fiscally constrained counties.
21 Division of Emergency Management, STORM Revolving Loan Fund - FAQ,

https://www.floridadisaster.org/globalassets/dem/mitigation/storm/storm-rlf-faq-3-13-2023.pdf (last visited April 4, 2023)
22 Id
23 Division of Emergency Management, STORM Revolving Loan Fund,

https://www.floridadisaster.org/dem/mitigation/safeguarding-tomorrow-through-ongoing-risk-mitigation-storm-revolving-
loan-fund/ (last visited April 4, 2023).
24 Id.
25 Division of Emergency Management, Public Notice RE Safeguarding Tomorrow Revolving Loan Fund,

https://www.floridadisaster.org/globalassets/dem/mitigation/storm/storm-rlf-public-notice-3-13-2023.pdf (last visited April 4,
2023).
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        The bill appropriates $1,000,000 in nonrecurring funds from the General Revenue Fund and
        $10,000,000 in nonrecurring funds from the Federal Grants Trust Fund to DEM to fund the
        Safeguarding Tomorrow Revolving Loan Program. DEM may submit a budget amendment to the
        Legislative Budget Commission to release the funds, which is contingent upon documentation of an
        award or other approval by FEMA and DEM’s approved intended use plan for the funds.

        Registered Contractors – Current Situation

        Construction contractors are either certified or registered by the Construction Industry Licensing Board
        (CILB) housed within the Department of Business and Professional Regulation (DBPR). 26 The CILB
        consists of 18 members who are appointed by the Governor and confirmed by the Senate. 27 The CILB
        meets to approve or deny applications for licensure, review disciplinary cases, and conduct informal
        hearings relating to discipline. 28

        "Certified contractors" are individuals who pass the state competency examination and obtain a
        certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
        competency for a specific license category and are permitted to practice in that category in any
        jurisdiction in the state. 29

        “Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
        construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
        CILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
        the state. 30

        “Registered contractors” are individuals who have taken and passed a local competency examination
        and may practice the specific category of contracting for which he or she is approved, only in the local
        jurisdiction for which the license is issued. 31

        Registered Contractors – Effect of Bill

        The bill allows registered contractors to engage in contracting for the types of work covered by their
        registration within any area for which a state of emergency has been declared for a natural emergency.
        This authorization will end 24 months after the expiration of the declared state of emergency. The local
        jurisdiction that licenses the registered contractor may discipline the contractor for violations occurring
        outside the licensing jurisdiction under these circumstances.

        This section is effective upon becoming law.

        Building Permits and Inspections – Current Situation

        It is the intent of the Legislature that local governments have the power to inspect all buildings,
        structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 32

        Every local government must enforce the Florida Building Code and issue building permits. 33 It is
        unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
        building without first obtaining a permit from the local government enforcing agency or from such
        persons as may, by resolution or regulation, be directed to issue such permit. 34

26 See ss. 489.105, 489.107, and 489.113, F.S.
27 S. 489.107(1), F.S.
28 S. 489.107, F.S.
29 See ss. 489.105(6)-(8) and (11), F.S.
30 See ss. 489.108, 489.113, 489.117, and 489.131, F.S.
31 S. 489.117, F.S.
32 S. 553.72, F.S.
33 Ss.125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
34 Ss.125.56(4)(a), 553.79(1), F.S.
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         A local government may charge reasonable fees as set forth in a schedule of fees adopted by the
         enforcing agency for the issuance of a building permit. 35 Such fees shall be used solely for carrying out
         the local government’s responsibilities in enforcing the Building Code. 36 Enforcing the Building Code
         includes the direct costs and reasonable indirect costs associated with training, review of building
         plans, building inspections, re-inspections, building permit processing, and fire inspections. 37 Local
         governments must post all building permit and inspection fee schedules on their website. 38

         Any construction work that requires a building permit also requires plans and inspections to ensure the
         work complies with the building code. The building code requires certain building, electrical, plumbing,
         mechanical, and gas inspections. 39 Construction work may not be done beyond a certain point until it
         passes an inspection.

         Current law provides a set of deadlines for ordinary processing of a building permit, chief among them
         that a local government must approve, approve with conditions, or deny an application for a building
         permit within 120 days following receipt of a completed application. 40 Various laws require or
         encourage local governments to further expedite the permitting process in certain situations, such as
         for the construction of public schools, state colleges and universities 41 and affordable housing. 42

         In addition to the inspections required by the Building Code, a building official may require other
         inspections of any construction work to ascertain compliance with the provisions of the Building Code
         and other laws that are enforced by the government entity. 43

         Building Permits and Inspections – Effect of Bill

         The bill authorizes local governments to create inspection teams to review and approve expedited
         permits for temporary housing solutions, repairs, and renovations following a natural disaster.

         The bill encourages municipalities and counties to establish interlocal agreements with other
         jurisdictions to provide additional inspection services during a state of emergency. The bill also
         encourages municipalities and counties to adopt plans to provide temporary accommodations to
         contractors, utility workers, first responders, and others dispatched to aid in hurricane recovery efforts.
         The bill provides that public areas such as fairgrounds and parking lots may be used for tents and
         trailers for temporary accommodations.
         The bill requires local governments to approve special processing procedures to expedite the issuance
         of permits following a natural emergency for which the Governor has declared a state of emergency.
         Permits to be expedited are those which do not require technical review, including, but not limited to
         permits for:
         • roof repairs;
         • reroofing;
         • electrical repairs;
         • service changes; or
         • the replacement of one window or door.

         Local governments are also permitted to waive application and inspection fees for the expedited
         permits.


35 S. 553.80 F.S.
36 Id.
37 S. 553.80 (7)(a)(1)
38 S.125.56 (4)(c) F.S., Section 166.222(2) F.S.
39 S. 110 of the Seventh edition of the Florida Building Code (Building).
40 S. 553.792(1)(a), F.S.
41 S. 553.80(6)(b)2., F.S.
42 See ss. 403.973(3), 420.5087(6)(c)8., and 553.80(6)(b)1., F.S.
43 S. 110.3.10 of the Seventh Edition of the Florida Building Code (Building).
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        The bill provides that effective January 1, 2023, local governments located in areas with FEMA disaster
        declarations during Hurricane Ian or Hurricane Nicole may not raise building inspection fees until
        October 1, 2024. This section expires on June 30, 2025, and is effective upon becoming law.

        Suspension of Expiration Dates for Permits During Emergencies – Current Situation

        When the Governor declares a state of emergency for a natural emergency, the period to exercise
        rights under a permit or other government authorization is suspended or tolled for the duration of the
        emergency. The period remaining to exercise rights in accordance with such permits is extended for 6
        months in addition to the suspended or tolled period.

        The emergency suspension and extension provisions expressly apply to the following permits and
        authorizations:
        • Expiration of a development order issued by a local government;
        • Expiration of a building permit;
        • Expiration of an environmental resource permit issued by the Department of Environmental
           Protection (DEP) or a water management district under ch. 373, part IV, F.S.;
        • Expiration of consumptive use permits issued by DEP or a water management district under Part II
           of ch. 373, F.S., related to land subject to a development agreement in which the permittee and
           developer are the same or a related entity;
        • The buildout date for a development of regional impact or any extension of such date under s.
           380.06(7)(c), F.S.; and
        • Expiration of development permits and development agreements authorized by state law, including
           those authorized under the Florida Local Government Development Agreement Act, or issued by a
           local government or other governmental entity. 44

        To receive the benefit of such provisions, the holder must follow the procedure outlined in s.
        252.363(1)(b), F.S. Specifically, within 90 days after the emergency declaration's termination, the
        permit holder must provide written notice of the intent to exercise the right to toll or extend such permit.
        The written notice must identify the specific permit or authorization qualifying for the extension to the
        issuing authority. Once the permitholder has satisfied this procedure, the tolling and extension are
        granted automatically or as a matter of law, and no further action on the part of the issuing authority is
        needed. 45

        The tolling and extension of permits and other authorizations does not apply to the following:
        • A permit or other authorization for a building, improvement, or development located outside the
           geographic area for which the declaration of a state of emergency applies;
        • A permit or other authorization under any programmatic or regional general permit issued by the
           Army Corps of Engineers;
        • The holder of a permit or other authorization who is determined by the authorizing agency to be in
           significant noncompliance with the conditions of the permit or other authorization through the
           issuance of a warning letter or notice of violation, the initiation of formal enforcement, or an
           equivalent action; and
        • A permit or other authorization that is subject to a court order specifying an expiration date or
           buildout date that would conflict with the extensions granted due to a state of emergency. 46

        Suspension of Expiration Dates for Permits During Emergencies – Effect of Bill


44 S. 252.363(1)(a), F.S.
45 “Nothing in the statute imposes an obligation on the municipality to take any action extending development orders,

rather, it appears that the Legislature intended to place that burden on the holder of the permit who must provide written
notification to the issuing authority of his or her intent to exercise the tolling and extension of the statute.” See Op. Att’y
Gen. Fla. 12-13 (2012), http://www.myfloridalegal.com/ago.nsf/Opinions/0DF58A091F0DDBEC852579EB00743D48 (last
visited April 4, 2023).
46 S. 252.363(1)(d), F.S.
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         The bill increases the extension of applicable building permits following a declaration of a state of
         emergency from 6 to 24 months. The extension is capped at 48 months in the event of multiple natural
         emergencies.

         Consultants’ Competitive Negotiation Act – Current Situation

         In 1972, Congress passed the Brooks Act, 47 which requires federal agencies to use a qualifications-
         based selection process for architectural, engineering, and associated services, such as mapping and
         surveying. Qualifications-based selection is a process whereby service providers are retained on the
         basis of competency, qualifications, and experience, rather than price. In 1973, the Florida Legislature
         enacted the Consultants’ Competitive Negotiation Act (CCNA), 48 which is modeled after the Brooks Act.
         The CCNA requires state and local government agencies to procure the professional services of an
         architect, professional engineer, landscape architect, or registered surveyor and mapper using a
         qualifications-based selection process. 49

         The CCNA establishes a three-phase process for procuring professional services:
         • Phase 1 – Public announcement and qualification.
         • Phase 2 – Competitive selection.
         • Phase 3 – Competitive negotiation.

         During Phase 1, the public announcement and qualification phase, state and local agencies must
         publicly announce each occasion when professional services will be purchased for one of the following:
         A project, when the basic construction cost is estimated by the agency to exceed $325,000; or
         A planning or study activity, when the fee for professional services exceeds $35,000. 50

         During Phase 2, the competitive selection phase, an agency must evaluate the qualifications and past
         performance of interested consultants and select at least three consultants, ranked in order of
         preference, that it considers the most highly qualified to perform the required services. During this
         phase, the CCNA prohibits the agency from requesting, accepting, or considering proposals for the
         compensation to be paid.

         During Phase 3, the competitive negotiation phase, an agency must first negotiate compensation with
         the highest ranked consultant. If the agency is unable to negotiate a satisfactory contract with that
         consultant at a price the agency determines to be fair, competitive, and reasonable, negotiations with
         the consultant must be formally terminated. The agency must then negotiate with the remaining ranked
         consultants, in order of rank, and follow the same process until an agreement is reached. If the agency
         is unable to negotiate a satisfactory contract with any of the ranked consultants, the agency must select
         additional consultants, ranked in the order of competence and qualification without regard to price, and
         continue negotiations until an agreement is reached. 51

         The CCNA explicitly states it does not prohibit a continuing contract 52 between a firm and an agency. 53
         A continuing contract is a contract for professional services entered into in accordance with the CCNA
         between an agency and a firm whereby the firm provides professional services to the agency for
         projects. 54 The CCNA prohibits firms that are parties to a continuing contract from being required to bid
         against one another. 55



47 Public Law 92-582, 86 Stat. 1278 (1972).
48 Chapter 73-19, Laws of Fla., codified as s. 287.055, F.S.
49 S. 287.055, F.S.
50 S. 287.055(3)(a)1., F.S.
51 S. 287.055(5), F.S.
52 S. 287.055(2)(g), F.S.
53 S. 287.055(4)(d), F.S.
54 S. 287.055(2)(g), F.S.
55 Id.
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          Current law authorizes the use of a continuing contract for construction projects in which the estimated
          construction cost of each project does not exceed $4 million, for study activities if the fee for
          professional services for each study does not exceed $500,000, or for work of a specified nature as
          outlined in the contract required by the agency, with the contract being for a fixed term or with no time
          limitation except the contract must include a termination clause. 56

          Consultants’ Competitive Negotiation Act – Effect of Bill

          The bill authorizes “continuing contracts” for construction projects in which the estimated construction
          cost of each project does not exceed $15 million, if such contracts relate to repairs and remediation due
          to damage caused by Hurricane Ian if executed through December 31, 2023.

           This section is effective upon becoming law.

          The bill provides that these changes expire on January 1, 2024 and the statute reverts back to the
          current law limits on the expiration date. Contracts entered into prior to December 31, 2023 will be
          permitted to be completed after such date.

          Community Planning – Current Situation

          The Community Planning Act provides counties and municipalities with the power to plan for future
          development by adopting comprehensive plans. 57 Each county and municipality must maintain a
          comprehensive plan to guide future development. 58

          All development, both public and private, and all development orders approved by local governments
          must be consistent with the local government’s comprehensive plan. 59 A comprehensive plan is
          intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
          establishes a long-range maximum limit on the possible intensity of land use.

          A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water
          and sewer facilities, neighborhoods, parks, schools, and commercial and industrial developments. A
          comprehensive plan is made up of 10 required elements, each laying out regulations for a different
          facet of development. 60

          A comprehensive plan is implemented through the adoption of land development regulations 61 that are
          consistent with the plan, and which contain specific and detailed provisions necessary to implement the
          plan. 62 Substantially affected persons have the right to maintain administrative actions which assure
          that land development regulations implement and are consistent with the comprehensive plan. 63

          Development that does not conform to the comprehensive plan may not be approved by a local
          government unless the local government amends its comprehensive plan first. State law requires a



56 S. 287.055(2)(g), F.S.
57   S. 163.3167(1), F.S.
58 S. 163.3167(2), F.S.
59 S. 163.3194(3), F.S
60 S. 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation;

general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation;
recreation and open space; housing; coastal management; intergovernmental coordination; and property rights.
Throughout statutes exist plans and programs that may be added as optional elements.
61 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of

development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations
or any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. See
s. 163.3164(26), F.S.
62 S. 163.3202, F.S.
63 S. 163.3213, F.S.
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        proposed comprehensive plan amendment to receive two public hearings, the first held by the local
        planning board, and subsequently by the governing board. 64

        The Community Planning Act defines "development" as "the carrying out of any building activity or
        mining operation, the making of any material change in the use or appearance of any structure or land,
        or the dividing of land into three or more parcels." 65 When a party wishes to engage in development
        activity, they must seek a development permit from the appropriate local government having
        jurisdiction. Under the Community Planning Act, a development permit includes "any building permit,
        zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other
        official action of local government having the effect of permitting the development of land." 66 Once a
        local government has officially granted or denied a development permit, the official action constitutes a
        development order. 67 A development order vests certain rights related to the land. 68

        Community Planning – Effect of Bill

        The bill provides:

                “A county or municipality located entirely or partially within 100 miles of where either
                Hurricane Ian or Hurricane Nicole 69 made landfall shall not propose or adopt more
                restrictive or burdensome amendments to its comprehensive plan or land development
                regulations, nor propose or adopt more restrictive or burdensome procedures
                concerning review, approval, or issuance of a site plan, development permit, or
                development order, to the extent that those terms are defined by s. 163.3164, F.S.,
                before October 1, 2024, and any such restrictive or burdensome comprehensive plan
                amendment, land development regulation, or procedure shall be null and void ab
                initio.” 70

        This subsection applies retroactively to September 28, 2022 (the date of Hurricane Ian landfall in
        Florida). However, the bill provides that any comprehensive plan amendment, land development
        regulation amendment, site plan, development permit, or development order approved or adopted by a
        county or municipality before or after the effective date of this section may be enforced if:
            • The associated application is initiated by a private party other than the county or municipality;
                and
            • The property that is the subject of the application is owned by the initiating private party.

        The section takes effect upon becoming a law and expires on June 30, 2025.




64 Ss. 163.3174(4)(a) and 163.3184, F.S.
65 S. 163.3164(14), F.S.
66 S. 163.3164(16), F.S.
67 See S. 163.3164(15), F.S.
68 See s. 163.3167(3), F.S.
69 All 67 counties in Florida were designated within the federal disaster declaration for Hurricane Ian, and 61 counties for

Hurricane Nicole.
70 Void ab initio means something was void from the beginning.
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        Derelict Vessels – Current Situation

         Fish and Wildlife Conservation Commission

         The Fish and Wildlife Conservation Commission (FWC) is the agency responsible for regulating boating
         in the state. 71 Through its Division of Law Enforcement, FWC works to enforce a variety of state and
         federal boating laws, including regulations related to boating safety, waterway management, vessel
         maintenance, and marine sanitation. FWC also exercises the regulatory and executive powers of the
         state with respect to wild animal life, fresh water aquatic life, and marine life. 72 These powers include
         authority with respect to the control and management of nonnative plant and animal species.

         Derelict Vessels

         A derelict vessel is a vessel that is left, stored, or abandoned in a wrecked, junked, or substantially
         dismantled condition upon any public state waters; at a port in the state without the consent of the
         agency that has jurisdiction of the port; or docked, grounded, or beached upon the property of another
         without the consent of the owner of the property. 73

         It is unlawful to store, leave, or abandon 74 a derelict vessel in Florida. 75 Violations are punishable by a
         term of imprisonment of no more than one year and a fine of up to $1,000. 76 State law further provides
         that a violation of derelict vessel laws may also be subject to a civil penalty of up to $75,000 per day. 77
         Each day during any portion of which the violation occurs constitutes a separate offense. 78

         At-risk Vessels

         Current law also prohibits vessels that are at risk of becoming derelict from anchoring, mooring, or
         occupying state waters. 79 A vessel is considered at risk of becoming derelict if any of the following
         conditions exist:
            • The vessel is taking on or has taken on water without an effective means to dewater.
            • Spaces on the vessel that are designed to be enclosed are incapable of being sealed off or
                 remain open to the elements for extended periods.
            • The vessel has broken loose or is in danger of breaking loose from its anchor.
            • The vessel is listing due to water intrusion.
            • The vessel does not have an effective means of propulsion for safe navigation within 72 hours
                 after the vessel owner or operator receives telephonic notice, in-person notice recorded on an
                 agency-approved body camera, or written notice, which may be provided by facsimile, electronic
                 mail, or other electronic means, stating such from an officer, and the vessel owner or operator is
                 unable to provide a receipt, proof of purchase, or other documentation of having ordered
                 necessary parts for vessel repair. 80

         A violation for anchoring, mooring, or occupying a vessel at risk of becoming derelict on state waters is
         a noncriminal infraction, for which the civil penalty is $100 for a first offense, $250 for a second offense



71 FWC, Boating, available at https://myfwc.com/boating/ (last visited April 7, 2023).
72 Art. IV, s. 9, FLA. CONST.
73 S. 823.11(1)(b), F.S.
74 S. 705.101(3), F.S., defines “abandoned property” as all tangible personal property that does not have an identifiable

owner and that has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or has no
apparent intrinsic value to the rightful owner. The term includes derelict vessels.
75 S. 823.11(2), F.S.
76 Ss. 775.082(4)(a) and 775.083(1)(d), F.S.
77 S. 376.16(1), F.S.
78 Id.
79 S. 327.4107(1), F.S.
80 S. 327.4107(2), F.S.
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         occurring 30 days or more after a first offense, and $500 for a third or subsequent offense occurring 30
         days or more after a previous offense. 81

         A vessel that has been the subject of three or more at-risk vessel violations within an 18-month period
         that result in dispositions other than acquittal or dismissal is deemed a public nuisance. 82

         Removal of Derelict and At-risk Vessels

         The Division of Law Enforcement within FWC and its officers, the sheriffs of the various counties and
         their deputies, municipal police officers, and any other law enforcement officer have the responsibility
         and authority to enforce vessel safety and vessel title certificates, liens, and registration. 83

         Both state and local law enforcement are authorized and empowered to relocate or remove a derelict
         vessel from public waters if the derelict vessel obstructs, or threatens to obstruct, navigation or in any
         way constitutes a danger to the environment, property, or persons. 84 Such law enforcement are also
         authorized to relocate or remove a vessel declared a public nuisance. 85

         When a law enforcement officer determines that a derelict vessel or a vessel declared a public
         nuisance is present on state waters, the officer is required to place a notice on the vessel stating the
         vessel is unlawfully upon state waters and must be removed within 21 days. 86 The notice must also
         specify that if the vessel is not removed by the owner within 21 days, the vessel will be removed and
         disposed of and that the owner or party deemed legally responsible for the vessel being in a derelict
         condition will be liable for costs of removal, destruction, and disposal if not removed. 87

         The costs incurred for relocating or removing a derelict vessel are recoverable against the vessel
         owner. A vessel owner who neglects or refuses to pay the costs of removal, storage, and destruction of
         the vessel, less any salvage value obtained by disposal of the vessel, is not entitled to be issued a
         certificate of registration for such vessel, or any other vessel or motor vehicle, until the costs are paid. 88

         FWC may provide grants to local governments for the removal, storage, destruction, and disposal of
         derelict vessels from state waters if funds are appropriated for such grants. 89 Grants are awarded
         based on a set of criteria outlined in FWC rules. 90 Removal or relocation of the vessel on private
         property is not eligible for grant funding. 91 The grants provided to local governments for the removal,
         storage, destruction, and disposal of derelict vessels may also be used for the removal, storage,
         destruction, and disposal of vessels declared a public nuisance.




81 S. 327.73(1)(aa), F.S.
82 Id.
83 S. 943.10(1), F.S., 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.
84 Ss. 376.15(3)(a) and 823.11(3), F.S.
85 Id.
86 S. 705.103(2)(a)(1)(b), F.S.
87 Id.
88 S. 705.103(4), F.S.
89 S. 376.15, F.S.
90 Rule 68-1.003, F.A.C.
91 National Oceanic and Atmospheric Association: Marine Debris Program, Abandoned and Derelict Vessels in Florida,

available at https://marinedebris.noaa.gov/abandoned-and-derelict-vessels/florida (last visited Nov. 18, 2021).
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          A person who owns or operates a vessel that becomes derelict upon state waters solely as a result of a
          boating accident that is reported to law enforcement, a hurricane, or another sudden event outside of
          his or her control may not be charged with a violation if: 92
              • The individual documents for law enforcement the specific event that led to the vessel being
                  derelict upon state waters; and
              • The vessel has been removed from state waters or has been repaired or addressed such that it
                  is no longer derelict upon state waters within 7 days after a boating accident or other sudden
                  event outside of his or her control or within 45 days after a hurricane has passed.

          This sudden accident or event exception does not apply to a vessel that was derelict upon state waters
          before the stated accident or event.

          Derelict Vessels – Effect of Bill

          The bill clarifies that the FWC, an officer of the FWC, a law enforcement agency, or during a state of an
          emergency declared by the Governor, DEM or its designee, may immediately begin the procedure, 93
          such as posting a notice of removal on the vessel and ascertaining the owner of the vessel. The bill
          provides that a person who owns or operates a vessel that becomes derelict upon state waters solely
          as a result of a hurricane, or another sudden event outside of his or her control has an extended 45-day
          deadline to bring derelict vessels into compliance or remove them from state waters. Final removal and
          destruction of the vessel may only occur if the vessel remains derelict after the completion of the
          procedure process and the end of the 45-day grace period.

          Local Government Emergency Response Bridge Loan Program – Current Situation

          Early in 2023, the Legislature establish the Local Government Emergency Response Bridge Loan
          Program within the Department of Economic Opportunity (DEO) 94 to provide financial assistance to
          local governments impacted by Hurricane Ian or Hurricane Nicole. The purpose of the loan program is
          to assist these local governments in maintaining operations by bridging the gap between the time that
          the declared disaster occurred and the time that additional funding sources or revenues are secured to
          provide them with financial assistance. 95 The Legislature appropriated $50 million from the General
          Revenue Fund to DEO to fund the program.

          The loans may be issued during the 2022-2023 fiscal year or the 2023-2024 fiscal year, subject to
          appropriation. 96 The loans are interest-free with the loan amount determined based upon demonstrated
          need. 97 The loans must be paid back within one year, unless extended by up to 6 months by the DEO
          based on the local government’s financial condition. 98

          To be eligible, a local government must be a county or municipality located in an area designated in the
          Federal Emergency Management Agency disaster declarations for Hurricane Ian or Hurricane Nicole. 99
          Also, the local government must show that it may suffer or has suffered substantial loss of its tax or
          other revenues as a result of the hurricane and demonstrate a need for financial assistance to enable it
          to continue to perform its governmental operations. 100

          A local government may only use loan funds to continue local governmental operations or to expand
          and modify such operations to meet disaster-related needs. 101 The funds may not be used to finance or

92 S. 823.11 (2)(b)2.b, F.S.
93 See s. 705.103(2)(a), F.S.
94 S. 288.066 F.S.
95 S. 288.066 (1), F.S.
96 S. 288.066 (6)(a), F.S.
97 S. 288.066 (3), F.S.
98 S. 288.066 (3)(c), F.S.
99 S. 288.066 (2), F.S.
100 Id.
101 Id.
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        supplant funding for capital improvements or to repair or restore damaged public facilities or
        infrastructure. The DEO must coordinate with DEM to assess whether such loans would affect
        reimbursement under federal programs for disaster-related expenses. 102

        This program expires June 30, 2027. As loans are repaid, the DEO will remit the payments back to the
        General Revenue Fund and upon expiration, the DEO must return all unencumbered funds and loan
        payments back to the General Revenue Fund. 103

        Local Government Emergency Revolving Bridge Loan Program – Effect of Bill

        The bill extends the Local Government Emergency Bridge Loan Program for 11 additional years by
        making it a revolving program and renaming it the “Local Government Emergency Revolving Bridge
        Loan Program”. The revolving loan program will make funds available for local governments impacted
        by federally declared disasters until July 1, 2038.

        Upon the issuance of a federal disaster declaration, the DEO shall provide notice of application
        requirements and the total amount of funds available and make loan information available to eligible
        local governments. The eligible local government must submit a loan application within 12 months from
        the date that a federal disaster was declared. The section further creates an application process and
        sets forth the conditions that must be met by a local government in order to receive funds under the
        program. Reasons for a loan application denial may include, but are not limited to, the loan risk, an
        incomplete application, failure to demonstrate need, or the fact that receiving a loan may negatively
        affect the local government’s eligibility for other federal programs. Moreover, this section sets forth the
        obligations of the DEO to administer the program and manage repayments. The bill provides that funds
        appropriated to the program are not subject to reversion.

        The bill appropriates $50 million in nonrecurring funds from the General Revenue Fund to the
        Economic Development Trust Fund of the DEO for the revolving bridge loan program. This section also
        directs any funds that have not been loaned to a local government pursuant to a loan agreement as of
        July 1, 2023, to be transferred to the Economic Development Trust Fund to be used for the Local
        Government Emergency Revolving Bridge Loan Program established by the bill. Lastly, all loans made
        pursuant to the existing Local Government Emergency Bridge Loan Program must be repaid into the
        Economic Development Trust Fund and be made available for loans under the revolving loan program
        provided in the bill. The cumulative effect of these changes is that $100 million in total will be available
        for the revolving bridge loan program.

        Effective Date

        This act will take effect July 1, 2023 unless otherwise expressly provided in the act.

    B. SECTION DIRECTORY:
        Section 1: Creates 123.023, F.S., relating to temporary shelters.
        Section 2: Creates s. 166.0335, F.S., relating to temporary shelters.
        Section 3: Amends s. 252.35, F.S., relating to the State Emergency Act.
        Section 4: Amends s. 252.363, F.S., relating to the tolling and extension of permits.
        Section 5: Creates s. 252.391, F.S., relating to emergency financial plans.
        Section 6: Amends s. 252.40, F.S., relating to mutual aid arrangements.
        Section 7: Amends s. 287.055, F.S., relating to the Consultants’ Competitive Negotiation Act.
        Section 8: Reverts sections relating to the Consultants’ Competitive Negotiation Act back to current
        law on January 1, 2024.
        Section 9: Amends s. 288.066, F.S., relating to Local Government Emergency Revolving Bridge Loan
        Program.
        Section 10: Amends s. 489.117, F.S., relating to specialty contractors.

102 S. 288.066 (6)(b), F.S.
103 S. 288.066(8), F.S.
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       Section 11: Creates s. 553.7922, F.S., relating to expedited approval of certain permits.
       Section 12: Amends s. 553.80, F.S., relating to building inspection fees.
       Section 13: Limits comprehensive plan amendments, land development regulations, and development
       permits and order changes in certain circumstances.
       Section 14: Amends s. 823.11, F.S., relating to derelict vessels.
       Section 15: Provides appropriations for the Safeguarding Tomorrow Through Risk Mitigation Act
       Revolving Loan Fund Program.
       Section 16: Provides appropriations for the Local Government Emergency Revolving Bridge Loan
       Program.
       Section 17: Provides effective date unless provided otherwise.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:

           The bill appropriates $1,000,000 in nonrecurring funds from the General Revenue Fund and
           $10,000,000 in nonrecurring funds from the Federal Grants Trust Fund to DEM for the
           Safeguarding Tomorrow Through Ongoing Risk Mitigation Act Revolving Loan Program. Such funds
           will be held in reserve, contingent upon FEMA approval and release by the Legislative Budget
           Commission.

           The bill appropriates $50 million in nonrecurring funds from the General Revenue Fund to the
           Economic Development Trust Fund of the DEO for the Local Government Emergency Revolving
           Bridge Loan Program. The bill also directs any funds that have not been loaned to a local
           government pursuant to a loan agreement as of July 1, 2023, to be transferred to the Economic
           Development Trust Fund to be used for the Local Government Emergency Revolving Bridge Loan
           Program established by the bill. Lastly, all loans made pursuant to the existing Local Government
           Emergency Bridge Loan Program must be repaid into the Economic Development Trust Fund and
           be made available for loans under the revolving loan program. The cumulative effect of these
           appropriations and changes is that $100 million in total will be available for the revolving bridge loan
           program.

           By allowing the state government to enter into larger contracts for specified disaster relief
           construction projects under a continuing contract, the state or a local government may save on
           contractual and workload expenditures associated with the procurement of such projects.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill will likely have an insignificant negative fiscal impact on local governments, as many of the
           bill provisions are permissive rather than mandatory. Provisions that limit a local government’s
           ability to raise building fees for a defined period of time or that requires local governments to
           expedite building permits during emergencies may have a negative, but likely insignificant, fiscal
           impact.

       2. Expenditures:
           The bill will likely have an insignificant negative fiscal impact on local governments, as many of the
           bill provisions are permissive rather than mandatory.

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           By allowing local governments to enter into larger contracts for specified disaster relief construction
           projects under a continuing contract, the state or a local government may save on contractual and
           workload expenditures associated with the procurement of such projects.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have a positive, yet indeterminate fiscal impact on private sector businesses that provide
       professional services under the CCNA, by allowing those entities to enter into larger contracts for
       specified disaster relief projects under a continuing contract.

       Registered contractors who are able to work outside of their local jurisdiction during a state of
       emergency may see increased positive fiscal impact due to increased business.


   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
         apply because local governments may have expenditures related to prohibiting certain local
         governments from raising building inspection fees during a certain timeframe, suspending or
         extending a permit of a permit for the duration of the emergency, and expediting the approval
         process of certain permits following a natural disaster. However, an exemption may apply because
         these expenditures would likely be an insignificant fiscal impact.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
         None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           PCB COM 23-03                                                                                        2023




    1                                         A bill to be entitled
    2              An act relating to natural emergencies; creating ss.
    3              125.023 and 166.0335, F.S.; defining the term
    4              "temporary shelter"; prohibiting counties and
    5              municipalities, respectively, from prohibiting
    6              temporary shelters on residential property for a
    7              specified timeframe under certain circumstances;
    8              amending s. 252.35, F.S.; requiring the Division of
    9              Emergency Management to post a model contract for
10                 debris removal on its website by a specified date;
11                 requiring the model contract to be annually updated by
12                 a specified date; requiring the division to prioritize
13                 technical assistance and training relating to natural
14                 disasters and emergencies to fiscally constrained
15                 counties; requiring the division to administer a
16                 revolving loan fund for certain local government
17                 projects; amending s. 252.363, F.S.; increasing the
18                 timeframe to exercise rights under a permit or other
19                 authorization; limiting the timeframe to exercise
20                 rights under a permit or other authorization to a
21                 certain timeframe when multiple natural emergencies
22                 occur; creating s. 252.391, F.S.; defining the term
23                 "local governmental entity"; encouraging local
24                 governmental entities to develop an emergency
25                 financial plan for major disasters; providing the

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        PCB COM 23-03                                                                                        2023




26              contents of the emergency financial plan; recommending
27              annual review of the emergency financial plan;
28              amending s. 252.40, F.S.; authorizing local
29              governments to create inspection teams for the review
30              and approval of certain expedited permits; encouraging
31              local governments to establish certain interlocal
32              agreements; encouraging local governments to develop
33              plans related to temporary accommodations of certain
34              individuals; amending s. 287.055, F.S.; revising the
35              definition of the term "continuing contract";
36              providing for the future expiration and reversion of
37              specified statutory text; amending s. 288.066, F.S.;
38              creating the Local Government Emergency Revolving
39              Bridge Loan Program within the Department of Economic
40              Opportunity to provide certain financial assistance to
41              local governments impacted by federally declared
42              disasters; conforming provisions to changes made by
43              the act; providing construction; authorizing the
44              department to provide interest-free loans to eligible
45              local governments through specified means; requiring
46              the department to prescribe a loan application;
47              requiring the department to determine the loan amount
48              based on certain factors; authorizing the department
49              to deny a loan application and providing specified
50              reasons for such denial; requiring the department to

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        PCB COM 23-03                                                                                        2023




51              provide certain notice and make loan information
52              available to eligible local governments; requiring
53              loan repayments to be returned to the loan fund;
54              providing that funds appropriated for the program are
55              not subject to reversion; providing for expiration;
56              amending s. 489.117, F.S.; authorizing a registered
57              contractor to engage in contracting under certain
58              circumstances; providing an expiration timeframe for
59              such authorization; authorizing the local jurisdiction
60              to discipline the registered contractor under certain
61              circumstances; creating s. 553.7922, F.S.; requiring
62              local governments impacted by certain emergencies to
63              approve special processing procedures to expedite
64              certain permits; amending s. 553.80, F.S.; prohibiting
65              certain local governments from raising building
66              inspection fees during a certain timeframe; providing
67              for future expiration; prohibiting counties and
68              municipalities located within a certain area from
69              adopting or amending certain amendments or procedures
70              for a specified period; declaring that such amendments
71              or procedures are null and void; providing for
72              retroactive application; providing that certain
73              comprehensive plan amendments, land development
74              regulations, site plans, and development permits or
75              orders may be enforced; providing for expiration;

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         PCB COM 23-03                                                                                        2023




76               amending s. 823.11, F.S.; authorizing certain persons
77               to engage in a process relating to the removal and
78               destruction of derelict vessels; providing
79               appropriations; providing for the transfer of certain
80               appropriated funds to the Economic Development Trust
81               Fund of the Department of Economic Opportunity;
82               requiring that loan repayments be repaid to the
83               Economic Development Trust Fund; providing effective
84               dates.
85
86       Be It Enacted by the Legislature of the State of Florida:
87
88               Section 1.         Section 125.023, Florida Statutes, is created
89       to read:
 90              125.023       Temporary shelter prohibition.—
 91              (1)     For the purposes of this section, the term "temporary
 92      shelter" includes, but is not limited to, a recreational
 93      vehicle, trailer, or similar structure placed on a residential
 94      property.
 95              (2)     Notwithstanding any other law, ordinance, or
 96      regulation to the contrary, following the declaration of a state
 97      of emergency issued by the Governor for a natural emergency as
 98      defined in s. 252.34(8) during which a permanent residential
 99      structure was damaged and rendered uninhabitable, a county may
100      not prohibit the placement of one temporary shelter on the

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         PCB COM 23-03                                                                                        2023




101      residential property for up to 36 months after the date of the
102      declaration or until a certificate of occupancy is issued on the
103      permanent residential structure on the property, whichever
104      occurs first, if all of the following circumstances apply:
105              (a)     The resident makes a good faith effort to rebuild or
106      renovate the damaged permanent residential structure, including,
107      but not limited to, applying for a building permit, submitting a
108      plan or design to the county, or obtaining a construction loan.
109              (b)     The temporary shelter is connected to water and
110      electric utilities and does not present a threat to health and
111      human safety.
112              (c)     The resident lives in the temporary structure.
113              Section 2.          Section 166.0335, Florida Statutes, is created
114      to read:
115              166.0335          Temporary shelter prohibition.—
116              (1)     For the purposes of this section, the term "temporary
117      shelter" includes, but is not limited to, a recreational
118      vehicle, trailer, or similar structure placed on a residential
119      property.
120              (2)     Notwithstanding any other law, ordinance, or
121      regulation to the contrary, following the declaration of a state
122      of emergency issued by the Governor for a natural emergency as
123      defined in s. 252.34(8) during which a permanent residential
124      structure was damaged and rendered uninhabitable, a municipality
125      may not prohibit the placement of one temporary shelter on the

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         PCB COM 23-03                                                                                        2023




126      residential property for up to 36 months after the date of the
127      declaration or until a certificate of occupancy is issued on the
128      permanent residential structure on the property, whichever
129      occurs first, if all of the following circumstances apply:
130              (a)     The resident makes a good faith effort to rebuild or
131      renovate the damaged permanent residential structure, including,
132      but not limited to, applying for a building permit, submitting a
133      plan or design to the municipality, or obtaining a construction
134      loan.
135              (b)     The temporary shelter is connected to water and
136      electric utilities and does not present a threat to health and
137      human safety.
138              (c)     The resident lives in the temporary structure.
139              Section 3.         Effective upon becoming a law, paragraphs (bb),
140      (cc), and (dd) are added to subsection (2) of section 252.35,
141      Florida Statutes, to read:
142              252.35       Emergency management powers; Division of Emergency
143      Management.—
144              (2)     The division is responsible for carrying out the
145      provisions of ss. 252.31-252.90. In performing its duties, the
146      division shall:
147              (bb)        Post on its website a model of a local government
148      contract for debris removal to be used by political
149      subdivisions. The initial model contract must be posted to the
150      website no later than June 1, 2023, and, thereafter, the model

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         PCB COM 23-03                                                                                        2023




151      contract must be annually updated and posted to the website no
152      later than June 1.
153              (cc)        Prioritize technical assistance and training to
154      fiscally constrained counties as defined in s. 218.67(1) on
155      aspects of safety measures, preparedness, prevention, response,
156      recovery, and mitigation relating to natural disasters and
157      emergencies.
158              (dd)        Administer a revolving loan program for local
159      government hazard mitigation projects.
160              Section 4.         Paragraph (a) of subsection (1) of section
161      252.363, Florida Statutes, is amended to read:
162              252.363       Tolling and extension of permits and other
163      authorizations.—
164              (1)(a)       The declaration of a state of emergency issued by
165      the Governor for a natural emergency tolls the period remaining
166      to exercise the rights under a permit or other authorization for
167      the duration of the emergency declaration. Further, the
168      emergency declaration extends the period remaining to exercise
169      the rights under a permit or other authorization for 24 6 months
170      in addition to the tolled period. The extended period to
171      exercise the rights under a permit or other authorization may
172      not exceed 48 months in total in the event of multiple natural
173      emergencies for which the Governor declares a state of
174      emergency. This paragraph applies to the following:
175              1.      The expiration of a development order issued by a local

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         PCB COM 23-03                                                                                        2023




176      government.
177              2.      The expiration of a building permit.
178              3.      The expiration of a permit issued by the Department of
179      Environmental Protection or a water management district pursuant
180      to part IV of chapter 373.
181              4.      Permits issued by the Department of Environmental
182      Protection or a water management district pursuant to part II of
183      chapter 373 for land subject to a development agreement under
184      ss. 163.3220-163.3243 in which the permittee and the developer
185      are the same or a related entity.
186              5.      The buildout date of a development of regional impact,
187      including any extension of a buildout date that was previously
188      granted as specified in s. 380.06(7)(c).
189              6.      The expiration of a development permit or development
190      agreement authorized by Florida Statutes, including those
191      authorized under the Florida Local Government Development
192      Agreement Act, or issued by a local government or other
193      governmental agency.
194              Section 5.         Section 252.391, Florida Statutes, is created
195      to read:
196              252.391       Emergency financial plans.—
197              (1)      As used in this section, the term "local governmental
198      entity" means a county, municipality, or district school board.
199              (2)      Each local governmental entity is encouraged to
200      develop an emergency financial plan for major natural disasters

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         PCB COM 23-03                                                                                        2023




201      that may impact its jurisdiction. Disasters include, but are not
202      limited to, hurricanes, tornadoes, floods, and wildfires.
203              (3)     Each emergency financial plan should be based on the
204      likely frequency of the disaster's occurrence. The financial
205      plan should include a calculation of the costs for the natural
206      disaster event and a determination of the financial resources
207      available to the local governmental entity. If insufficient
208      funds are available to address the disaster event, the emergency
209      financial plan should identify strategies to close the gap
210      between the disaster event costs and the local governmental
211      entity's financial capacity. Such strategies may include rainy
212      day funds, reprioritizing its annual budget, and borrowing.
213              (4)     Local governmental entities should annually review
214      their emergency financial plans to address changes in
215      conditions.
216              Section 6.         Subsections (3) and (4) are added to section
217      252.40, Florida Statutes, to read:
218              252.40       Mutual aid arrangements.—
219              (3)     Local governments may create inspection teams to
220      review and approve expedited permits for temporary housing
221      solutions, repairs, and renovations after a natural disaster.
222      Local governments are encouraged to establish interlocal
223      agreements with other jurisdictions to provide additional
224      inspection services during a state of emergency.
225              (4)     Municipalities and counties are encouraged to develop

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         PCB COM 23-03                                                                                        2023




226      and adopt plans to provide temporary accommodations for
227      contractors, utility workers, first responders, and others
228      dispatched to aid in hurricane recovery efforts. Public areas,
229      including, but not limited to, fairgrounds and parking lots, may
230      be used for tents and trailers for such temporary
231      accommodations.
232              Section 7.         Effective upon becoming a law, paragraph (g) of
233      subsection (2) of section 287.055, Florida Statutes, is amended
234      to read:
235              287.055       Acquisition of professional architectural,
236      engineering, landscape architectural, or surveying and mapping
237      services; definitions; procedures; contingent fees prohibited;
238      penalties.—
239              (2)     DEFINITIONS.—For purposes of this section:
240              (g)     A "continuing contract" is a contract for professional
241      services entered into in accordance with all the procedures of
242      this act between an agency and a firm whereby the firm provides
243      professional services to the agency for projects in which the
244      estimated construction cost of each individual project under the
245      contract does not exceed $4 million, for study activity if the
246      fee for professional services for each individual study under
247      the contract does not exceed $500,000, or for work of a
248      specified nature as outlined in the contract required by the
249      agency, with the contract being for a fixed term or with no time
250      limitation except that the contract must provide a termination

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         PCB COM 23-03                                                                                        2023




251      clause. Firms providing professional services under continuing
252      contracts shall not be required to bid against one another. The
253      term "continuing contract" includes contracts executed through
254      December 31, 2023, for professional services to the agency for
255      projects related to repairs and remediation to a specific site
256      due to damage caused by Hurricane Ian in which the estimated
257      construction cost for each individual project does not exceed
258      $15 million.
259              Section 8.         The amendments made by this act to s.
260      287.055(2)(g), Florida Statutes, expire on January 1, 2024, and
261      the text of that paragraph shall revert to that in existence on
262      the day before the date that this act became a law, except that
263      any amendments to such text enacted other than by this act shall
264      be preserved and continue to operate to the extent that such
265      amendments are not dependent upon the portions of the text which
266      expire pursuant to this section.
267              Section 9.         Section 288.066, Florida Statutes, as created
268      by section 1 of chapter 2023-1, Laws of Florida, is amended to
269      read:
270              288.066       Local Government Emergency Revolving Bridge Loan
271      Program.—
272              (1)     CREATION.—The Local Government Emergency Revolving
273      Bridge Loan Program is created, subject to appropriation, within
274      the department to provide financial assistance to local
275      governments impacted by federally declared disasters Hurricane

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         PCB COM 23-03                                                                                        2023




276      Ian or Hurricane Nicole. The purpose of the loan program is to
277      assist these local governments in maintaining government
278      operations by bridging the gap between the time that the
279      declared disaster occurred and the time that additional funding
280      sources or revenues are secured to provide them with financial
281      assistance.
282              (2)     ELIGIBILITY.—To be eligible for a loan under the
283      program, a local government must be a county or a municipality
284      located in an area designated in a the Federal Emergency
285      Management Agency disaster declaration declarations for
286      Hurricane Ian or Hurricane Nicole. The local government must
287      show that it may suffer or has suffered substantial loss of its
288      tax or other revenues as a result of the disaster hurricane and
289      demonstrate a need for financial assistance to enable it to
290      continue to perform its governmental operations. Access to and
291      eligibility for the loan program supersedes any local government
292      charter or borrowing limitations that would otherwise
293      financially constrain the local government's ability to recover
294      from a disaster.
295              (3)     LOAN TERMS.—
296              (a)     The department may provide interest-free loans to
297      eligible local governments through a promissory note or other
298      form of written agreement evidencing an obligation to repay the
299      borrowed funds to the department.
300              (b)     The amount of each loan must be based upon

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         PCB COM 23-03                                                                                        2023




301      demonstrated need and must be disbursed to the local government
302      in a lump sum.
303              (c)     The term of the loan is up to 24 months 1 year, unless
304      otherwise extended by the department. However, the department
305      may extend loan terms for up to 6 months based on the local
306      government's financial condition.
307              (4)     APPLICATION.—The department shall prescribe a loan
308      application and may request any other information determined
309      necessary by the department to review and evaluate the
310      application. The eligible local government must submit a loan
311      application within the 12 months after the date that the federal
312      disaster was declared. Upon receipt of an application, the
313      department shall review the application and may request
314      additional information as necessary to complete the review and
315      evaluation. If the loan application is approved, the department
316      shall determine the amount to be loaned, which may be a lower
317      amount than requested, based on the information provided and the
318      total amount of funds available to be loaned and in relation to
319      demonstrated need from other eligible applicants. If the loan
320      application is denied, reasons for the denial may include, but
321      are not limited to, the loan risk, an incomplete application,
322      failure to demonstrate need, or the fact that receiving a loan
323      may negatively affect the local government's eligibility for
324      other federal programs.
325              (5)(4)       USE OF LOAN FUNDS.—A local government may use loan

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         PCB COM 23-03                                                                                        2023




326      funds only to continue local governmental operations or to
327      expand or modify such operations to meet disaster-related needs.
328      The funds may not be used to finance or supplant funding for
329      capital improvements or to repair or restore damaged public
330      facilities or infrastructure.
331              (6)(5)       LOAN REPAYMENT.—
332              (a)     The local government may make payments against the
333      loan at any time without penalty. Early repayment is encouraged
334      as other funding sources or revenues become available to the
335      local government.
336              (b)     Loans become due and payable in accordance with the
337      terms of the agreement.
338              (7)(6)       ADMINISTRATION.—
339              (a)     Upon the issuance of a federal disaster declaration,
340      the department shall provide notice of application requirements
341      and the total amount of funds available and shall make loan
342      information available to eligible local governments. Based upon
343      the amount of funds in the Economic Development Trust Fund
344      available to be loaned and anticipated balances, the department
345      may make funds available in an amount reasonably related to the
346      anticipated need, based upon the impacts of the federal
347      disaster, up to the total amount available The department may
348      approve loans in the 2022-2023 fiscal year or the 2023-2024
349      fiscal year up to the total amount appropriated.
350              (b)     The department must coordinate with the Division of

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         PCB COM 23-03                                                                                        2023




351      Emergency Management or other applicable state agencies to
352      assess whether such loans would affect reimbursement under
353      federal programs for disaster-related expenses.
354              (c)     All repayments of principal and interest must be
355      returned to the loan fund and made available as provided in this
356      section. Notwithstanding s. 216.301, funds appropriated for this
357      program are not subject to reversion Upon receipt of any loan
358      payment from a local government, the department shall transfer
359      the funds to the General Revenue Fund.
360              (8)(7)       RULES.—The department may adopt rules to implement
361      this section.
362              (9)(8)       EXPIRATION.—This section expires July 1, 2038 June
363      30, 2027. A loan may not be awarded after June 30, 2038. Upon
364      expiration, all unencumbered funds and loan repayments made on
365      or after July 1, 2038, must be transferred revert to the General
366      Revenue Fund.
367              Section 10.           Effective upon becoming a law, subsection (5)
368      is added to section 489.117, Florida Statutes, to read:
369              489.117       Registration; specialty contractors.—
370              (5)     Notwithstanding paragraph (1)(b), a registered
371      contractor may engage in contracting only for work covered by
372      the registration within an area for which a state of emergency
373      is declared pursuant to s. 252.36 for a natural emergency. This
374      authorization terminates 24 months after the expiration of the
375      declared state of emergency. The local jurisdiction that

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         PCB COM 23-03                                                                                        2023




376      licenses the registered contractor may discipline the registered
377      contractor for violations occurring outside the licensing
378      jurisdiction which occur during the period such work is
379      authorized under this subsection.
380              Section 11.            Section 553.7922, Florida Statutes, is created
381      to read:
382              553.7922          Local government-expedited approval of certain
383      permits.—Following a state of emergency declared pursuant to s.
384      252.36 for a natural emergency, local governments impacted by
385      the emergency shall approve special processing procedures to
386      expedite permit issuance for permits that do not require
387      technical review, including, but not limited to, roof repairs,
388      reroofing, electrical repairs, service changes, or the
389      replacement of one window or one door. Local governments may
390      waive application and inspection fees for permits expedited
391      under this section.
392              Section 12.            Effective upon becoming a law, present
393      subsections (8) and (9) of section 553.80, Florida Statutes, are
394      redesignated as subsections (9) and (10), respectively, and a
395      new subsection (8) is added to that section, to read:
396              553.80       Enforcement.—
397              (8)     Effective January 1, 2023, local governments located
398      in areas designated in the Federal Emergency Management Agency
399      disaster declarations for Hurricane Ian or Hurricane Nicole may
400      not raise building inspection fees, as authorized by s.

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         PCB COM 23-03                                                                                        2023




401      125.56(2) or s. 166.222 and this section, before October 1,
402      2024. This subsection expires June 30, 2025.
403              Section 13.           (1)       A county or municipality located entirely
404      or partially within 100 miles of where either Hurricane Ian or
405      Hurricane Nicole made landfall shall not propose or adopt more
406      restrictive or burdensome amendments to its comprehensive plan
407      or land development regulations, nor propose or adopt more
408      restrictive or burdensome procedures concerning review,
409      approval, or issuance of a site plan, development permit, or
410      development order, to the extent that those terms are defined by
411      s. 163.3164, Florida Statutes, before October 1, 2024, and any
412      such restrictive or burdensome comprehensive plan amendment,
413      land development regulation, or procedure shall be null and void
414      ab initio. This subsection applies retroactively to September
415      28, 2022.
416              (2)     Notwithstanding subsection (1), any comprehensive plan
417      amendment, land development regulation amendment, site plan,
418      development permit, or development order approved or adopted by
419      a county or municipality before or after the effective date of
420      this section may be enforced if:
421              (a)     The associated application is initiated by a private
422      party other than the county or municipality; and
423              (b)     The property that is the subject of the application is
424      owned by the initiating private party.
425              (3)     This section shall take effect upon becoming a law and

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         PCB COM 23-03                                                                                        2023




426      expires June 30, 2025.
427              Section 14.           Paragraph (d) is added to subsection (2) of
428      section 823.11, Florida Statutes, to read:
429              823.11       Derelict vessels; relocation or removal; penalty.—
430              (2)
431              (d)     Notwithstanding the additional 45 days provided in
432      sub-subparagraph (b)2.b. during which an owner or a responsible
433      party may not be charged for a violation of this section, the
434      commission, an officer of the commission, a law enforcement
435      agency or officer specified in s. 327.70, or, during a state of
436      emergency declared by the Governor, the Division of Emergency
437      Management or its designee, may immediately begin the process
438      set forth in s. 705.103(2)(a) and, once that process has been
439      completed and the 45 days provided herein have passed, any
440      vessel that has not been removed or repaired such that it is no
441      longer derelict upon the waters of this state may be removed and
442      destroyed as provided therein.
443              Section 15.           For the 2023-2024 fiscal year, the sums of $1
444      million in nonrecurring funds from the General Revenue Fund and
445      $10 million in nonrecurring funds from the Federal Grants Trust
446      Fund are appropriated to the Division of Emergency Management to
447      fund the Safeguarding Tomorrow Through Ongoing Risk Mitigation
448      Act Revolving Loan Program. These funds shall be placed in
449      reserve. The division is authorized to submit a budget amendment
450      for release of the funds held in reserve for approval by the

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         PCB COM 23-03                                                                                        2023




451      Legislative Budget Commission pursuant to chapter 216, Florida
452      Statutes. Release is contingent upon documentation of an award
453      or other approval by the Federal Emergency Management Agency and
454      the division's approved intended use plan for the funds.
455              Section 16.           (1)       For the 2023-2024 fiscal year, the sum of
456      $50 million in nonrecurring funds is appropriated from the
457      General Revenue Fund to the Economic Development Trust Fund of
458      the Department of Economic Opportunity to fund the Local
459      Government Emergency Revolving Bridge Loan Program.
460              (2)     Funds appropriated in section 3 of chapter 2023-1,
461      Laws of Florida, for the Local Government Emergency Bridge Loan
462      Program which have not been loaned to a local government
463      pursuant to a loan agreement as of July 1, 2023, shall be
464      transferred by nonoperating budget authority to the Economic
465      Development Trust Fund of the Department of Economic Opportunity
466      to be used for the Local Government Emergency Revolving Bridge
467      Loan Program.
468              (3)     Notwithstanding sections 1 and 3 of chapter 2023-1,
469      Laws of Florida, all loan repayments for loans made under the
470      Local Government Emergency Bridge Loan Program shall be repaid
471      into the Economic Development Trust Fund and be made available
472      for loans under the Local Government Emergency Revolving Bridge
473      Loan Program.
474              Section 17.           Except as otherwise expressly provided in this
475      act and except for this section, which shall take effect upon

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         PCB COM 23-03                                                                                        2023




476      becoming a law, this act shall take effect July 1, 2023.




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                               COMMERCE COMMITTEE

                        PCB COM 23-03 by Rep. Giallombardo
                              Natural Emergencies

                               AMENDMENT SUMMARY
                                   April 10, 2023


Amendment 1 by Rep. Giallombardo (between lines 473 and 474):
  • Extends the date for certain fire control districts to submit the statutorily-required
     performance reviews until January 1, 2024, because of delays caused by Hurricane Ian.
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. PCB COM 23-03   (2023)
       Amendment No.1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:         Commerce Committee
 2     Representative Giallombardo offered the following:
 3
 4          Amendment (with title amendment)
 5          Between lines 473 and 474, insert:
 6          Section 17. Notwithstanding the timeframe specified in s.
 7     189.0695 (2)(c) and (d), an independent special fire control
 8     district located entirely or partially within 50 miles of where
 9     Hurricane Ian made landfall that was required to submit its
10     final report of the performance review by July 1, 2023, may file
11     such report no later than January 1, 2024.
12
13
14             -----------------------------------------------------
15                          T I T L E    A M E N D M E N T
16          Remove lines 83-84 and insert:
     PCB COM 23-03 a1
      Published On: 4/7/2023 8:41:51 PM
                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCB COM 23-03    (2023)
       Amendment No.1


17     Economic Development Trust Fund; authorizing independent special
18     fire control districts to file a specified report on an
19     alternative schedule under certain circumstances; providing
20     effective dates.




     PCB COM 23-03 a1
      Published On: 4/7/2023 8:41:51 PM
                                  Page 2 of 2
PCB COM 23-04
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCB COM 23-04 Insurer Accountability
SPONSOR(S): Commerce Committee
TIED BILLS:      IDEN./SIM. BILLS:

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                           Fortenberry         Hamon

                                              SUMMARY ANALYSIS
The bill makes various changes designed to increase insurer accountability in the following ways:
• Agent Licensing: allows the Department of Financial Services (DFS) to deny licensure to an applicant
   who violated of the Florida Insurance Code (Insurance Code).
• Examination of Insurers: requires a risk-based assessment for scheduling Office of Insurance Regulation
   (OIR) financial examinations and of market conduct examinations of insurers following a hurricane.
• Insurance Policy/Claims Handling: identifies two new acts that constitute unfair methods of competition
   or unfair or deceptive acts by an insurer or agent; prohibits Citizens Property Insurance Corporation from
   declaring a property ineligible if the property has unrepaired damage that is the subject of a claim being
   serviced by the Florida Insurance Guaranty Association; clarifies that if a roof deductible is applied to a loss
   under a residential property insurance policy, no other deductible may be applied; provides a tolling of time
   applicable to a servicemember who is deployed to a combat zone or combat support posting; clarifies that
   nothing in the Bill SB 2A (2022A) impairs insurance contract rights in existence when the bill became law.
• Fines: increases the maximum fines for failure to timely respond to consumer complaints; increases the
   maximum fines that OIR may assess if an insurer violates the Insurance Code; creates fines for insurer
   violations of the Insurance Code related to a declared state of emergency; increases the maximum fines
   that may be assessed for unfair methods of competition or unfair or deceptive acts or practices by any
   individual or company engaged in the transaction of insurance.
• Reporting: requires OIR to create annual and quarterly reports of its actions to enforce insurer compliance
   with the Insurance Code; requires DFS Division of Investigative and Forensic Services to create an annual
   report regarding investigations and prosecutions of insurance fraud.
• Rates/Premiums: requires residential property insurers to post hurricane mitigation discount information
   on their websites; requires OIR to reevaluate fixtures or construction techniques demonstrated to reduce
   windstorm losses, and associated insurance premium discounts every five years.
• Agency Staffing: appropriates positions to DFS and OIR to implement the bill.

The bill has no impact on local government revenues and expenditures. It may have a positive impact on state
revenues and a negative impact on state expenditures. It has an indeterminate negative direct economic
impact on the private sector.

The bill has an effective date of July 1, 2023.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcb04.COM
DATE: 4/8/2023
                                                 FULL ANALYSIS
                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Insurance Agent Licensing

        Background

        The Department of Financial Services (DFS) has broad duties, including licensure and regulation of
        insurance agents, agencies, and adjusters; insurance consumer assistance and protection; and holding
        and attempting to return unclaimed property to its rightful owner. 1 DFS has a number of regulatory
        responsibilities over the Florida insurance market. DFS regulates insurance adjusters, which includes
        public adjusters, independent adjusters, and company employee adjusters and conducts insurance-
        related consumer outreach through its Division of Consumer Services (Consumer Services). The
        Division of Workers’ Compensation within DFS administers the workers’ compensation system through
        enforcement of coverage requirements, 2 administration of workers’ compensation health care delivery
        system, 3 data collection, 4 and assisting injured workers, employers, insurers, and providers in fulfilling
        their responsibilities. 5 DFS also administers the rehabilitation and liquidation of insolvent insurers.

        Effect of the Bill – Licensure

        The bill provides that DFS may deny licensure to an applicant who, within seven years of application,
        has been found guilty of, or pleaded guilty or nolo contendere to a misdemeanor that is also a violation
        of the Florida Insurance Code (Insurance Code).

        Examination of Insurers

        Background

        The Office of Insurance Regulation (OIR) provides oversight for specified insurance products, insurers
        and other risk bearing entities in Florida. 6 The Financial Services Commission (FSC), composed of the
        Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture,
        serves as agency head of the Office of Insurance Regulation for purposes of rulemaking. Further, the
        FSC appoints the commissioner of the Florida Office of Insurance Regulation.

        As part of their regulatory oversight, OIR may suspend or revoke an insurer’s certificate of authority
        under certain conditions. 7 OIR is responsible for examining the affairs, transactions, accounts, records,
        and assets of each insurer that holds a certificate of authority to transact insurance business in Florida. 8
        As part of the examination process, all persons being examined must make available to OIR the
        accounts, records, documents, files, information, assets, and matters in their possession or control that
        relate to the subject of the examination. 9 OIR is also authorized to conduct market conduct
        examinations to determine compliance with applicable provisions of the Insurance Code. 10




1 See, e.g., Florida Department of Financial Services, What is the Purpose of the Department, https://oppaga.fl.gov/ (last

visited Apr. 2, 2023).
2 S. 440.107(3), F.S.
3 S. 440.13, F.S.
4 Ss. 440.185 and 440.593, F.S.
5 S. 440.191, F.S.
6 S. 20.121(3)(a), F.S.
7 S. 624.418, F.S.
8 S. 624.316(1)(a), F.S.
9 S. 624.318(2), F.S.
10 S. 624.3161, F.S.
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         Financial Examinations

         OIR is responsible for all activities concerning insurers and other risk-bearing entities such as licensing,
         solvency, rates, and policy forms. The law requires OIR to conduct financial examinations of insurers.
         The scope of the financial examination includes a review of the affairs, records, transactions,
         accounting procedures and financial condition of an insurer. 11 OIR is charged with conducting an exam
         once every five years, with the exception of domestic insurers that have held a certificate of authority
         for less than three years, which are required to be examined on an annual basis. 12 OIR is required to
         examine an insurer applying for an initial certificate of authority prior to issuing the certificate of
         authority. 13

         Effect of the Bill – Financial Examinations

         The bill changes OIR’s mandatory financial examination schedule to the following risk-based schedule:
            • High-risk insurers must be examined at least once every three years.
            • Average-risk insurers must be examined at least once every five years.
            • Low-risk insurers must be examined at least once every seven years.

         Financial examinations must cover the preceding fiscal years since the last examination, except for
         examinations of low-risk insurers, in which case the examination must cover the preceding five fiscal
         years. The bill requires that OIR create, and that FSC must adopt by rule, a risk-based selection
         methodology for scheduling and conducting financial exams, which much include:
            • Use of required risk-based capital reports to prioritize financial examinations. 14
            • Consideration of financial strength ratings, downgrades, or threatened downgrades.
            • Prioritization of property insurers for which OIR identifies significant solvency concerns.
            • Any other conditions OIR deems necessary for the protection of the public.

         In addition to the methodology, the rule must include a plan to implement the risk-based examination
         schedule. OIR must present the proposed rule to the FSC no later than October 1, 2023.

         Market Conduct Exams

         OIR is authorized to perform a market conduct examination of insurers and other related entities. 15 The
         purpose of the examination is to determine the entity’s compliance with Florida law. 16 The costs of the
         examination are paid by the subject entity. 17 OIR is may conduct a market conduct of any authorized
         insurer after a hurricane, if the insurer:
             • Is among the top 20 percent of insurers based upon the ratio of hurricane-related claims to the
                 property insurance policies in force;
             • Is among the top 20 percent of insurers based upon of the ratio of consumer complaints to
                 hurricane-related claims;
             • Has made significant payments to its managing general agent since the hurricane; or
             • As determined by OIR for any other reason.

         During a market conduct examination, OIR may examine the affairs, records, transactions, accounting
         procedures and financial condition of an insurer as relevant to the actions that gave rise to the
         examination. 18 The market conduct examination, when conducted post hurricane, must be started


11 S. 624.316, F.S.
12 Id.
13 Id.
14 Risk-based capital is a statutory minimum level of capital that is based on tan insurance company’s size and the

inherent riskiness of its financial assets and operations. NAIC, Risk-based Capital, https://content.naic.org/cipr-topics/risk-
based-capital (last visited Apr. 7, 2023).
15 S. 624.3161(1), F.S.
16 Id.
17 S. 624.3161(4), F.S.
18 See ss. 624.316 and 624.3161, F.S.
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DATE: 4/8/2023
         within 18 months after the storm’s landfall. The insurer’s managing general agent must be included in
         the market conduct examination, as if it were the insurer.

         If a market conduct examination reveals that the “insurer has exhibited a pattern or practice of willful
         violations of an unfair insurance trade practice related to claims-handling which caused harm to
         policyholders,” OIR may order the insurer to file its claims-handling practices and procedures with OIR
         for review and inspection. 19 The practices and procedures are to be held by OIR for 36 months and are
         considered public records, not trade secrets, during such period. 20 The term “claims-handling practices
         and procedures” is defined as “any policies, guidelines, rules, protocols, standard operating
         procedures, instructions, or directives that govern or guide how and the manner in which an insured’s
         claims for benefits under any policy will be processed.” 21

         Effect of the Bill – Market Conduct Examinations

         The bill removes OIR’s discretion to conduct post-hurricane market conduct examinations that was
         established in SB 2A (2022A). Instead, OIR must conduct post-hurricane market conduct examinations
         if, at any time more than 90 days after the end of a hurricane, an insurer meets the post-hurricane
         examination criteria.

         The office must create, and the FSC must adopt by rule, a risk-based selection methodology for
         scheduling and conducting market conduct examinations. Under this methodology, OIR must initiate a
         market conduct examination against an insurer if the following conditions exist:
            • An insurance regulator in another state has initiated or taken regulatory action against the
                 insurer or entity.
            • DFS and OIR have received a disproportionate number of certain claims-handling complaints
                 against the insurer based on its market share.
            • The results of a National Association of Insurance Commissioners (NAIC) Market Conduct
                 Annual Statement indicate the insurer is a negative outlier with regard to particular metrics. 22
            • There is evidence the insurer is engaged in a pattern or practice of violations of the Unfair
                 Insurance Trade Practices Act.
            • Any other conditions that OIR deems necessary for the protection of the public.

         In addition to the methodology, the rule must provide criteria for how OIR will determine that it has
         received a disproportionate number of claims-handling complaints. OIR must present the proposed
         rules to the FSC no later than October 1, 2023.

         Insurance Policy/Claims Handling

         Background

         Florida law prohibits a person from engaging in an unfair or deceptive act or practice involving the
         business of insurance. 23 The definition of unfair or deceptive acts or practices includes, in part, the
         following unfair claim settlement practices:
              • Attempting to settle claims on the basis of a document that was altered without knowledge or
                 consent of the insured;
              • A material misrepresentation made to an insured for the purpose and with the intent of effecting
                 settlement on less favorable terms than provided under the contract or policy;
              • Committing or performing with such frequency as to indicate a general business practice certain
                 acts, such as failing to adopt and implement standards for the proper investigation of claims;
              • Failing to pay undisputed amounts of partial or full benefits owed under first-party property
                 insurance policies within 90 days after an insurer received notice of a residential property

19 S. 624.3161(6), F.S.
20 Id.
21 Id.
22 See drafting comment.
23 S. 626.9521(1), F.S.
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                 insurance claim, determines the amounts of partial or full benefits, and agrees to coverage,
                 unless payment of the undisputed benefits is prevented by “an act of God, prevented by the
                 impossibility of performance, or due to actions by the insured or claimant that constitute fraud,
                 lack of cooperation, or intentional misrepresentation regarding the claim for which benefits are
                 owed.” 24

        Citizens Property Insurance Corporation (Citizens) is a state-created, not-for-profit, tax-exempt
        governmental entity whose public purpose is to provide property insurance coverage to those unable to
        find affordable coverage in the voluntary admitted market. 25 Citizens is not a private insurance
        company. 26 It was statutorily created in 2002 when the Florida Legislature combined the state’s two
        property insurers of last resort, the Florida Residential Property and Casualty Joint Underwriting
        Association (RPCJUA) and the Florida Windstorm Underwriting Association (FWUA). 27 Citizens offers
        property insurance through three different accounts: a personal lines account, a commercial lines
        account, and a coastal account.

        Citizens operates in accordance with the provisions in s. 627.351(6), F.S., and is governed by an nine-
        member Board of Governors (Board) that administers its Plan of Operations. The Plan of Operations is
        reviewed and approved by the Financial Services Commission. 28 The Governor, President of the
        Senate, Speaker of the House of Representatives, and Chief Financial Officer each appoint two
        members to the Board. 29 Citizens is subject to regulation by OIR in the same fashion as other insurers.

        Under federal law, insurance companies cannot file for bankruptcy. 30 Instead, they are either
        rehabilitated or liquidated by their state of domicile. Florida law establishes the system for the treatment
        of impaired or insolvent insurers 31 in Florida and sets up guaranty payments where necessary. 32
        Florida law provides for guaranty associations to ensure policyholders of insolvent insurers are
        protected with respect to insurance premiums paid and settlement of outstanding claims, up to limits
        provided by law. 33

        A guaranty association is a not-for-profit corporation created by law and directed to protect
        policyholders from financial losses and delays in claims payment and settlements due to the insolvency
        of an insurer. 34 Insurers are required to participate in the guaranty associations as a condition of
        transacting insurance business in Florida. Florida operates four guaranty associations including the
        Florida Insurance Guaranty Association (FIGA) 35 and the Florida Workers’ Compensation Insurance
        Guaranty Association (FWCIGA). 36

        FIGA provides a “mechanism for the payment of covered claims under certain insurance policies to
        avoid” delay and financial loss due to the financial insolvency of an insurer. 37 It issues guaranty fund
        payments and provides related services for all lines of property and casualty insurance with certain
        exceptions. 38 When a Florida property and casualty insurer becomes insolvent, FIGA takes over the
        claims of that insurer and pays the claims of its policyholders, ensuring that policyholders are not left

24 S. 626.9541(1)(i), F.S.
25 The term “admitted market” means insurance companies licensed to transact insurance in Florida.
26 S. 627.351(6)(a)1., F.S.
27 S. 2, ch. 2002-240, Laws of Fla.
28 S. 627.351(6)(a)2., F.S.
29 S. 627.351(6)(c)4.a., F.S.
30 11 U.S.C. § 109(b)(2).
31 An “insolvent insurer” means an insurer that was authorized to transact insurance in this state, either at the time the

policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of
insolvency has been entered by a court of competent jurisdiction if such order has become final by the exhaustion of
appellate review. S. 631.904(4), F.S.
32 Ch. 631, F.S.
33 Id.
34 See e.g., ss. 631.51 and 631.902, F.S.
35 Ch. 631, part II, F.S.
36 Ch. 631, part V, F.S.
37 S. 631.51, F.S.
38 S. 631.52, F.S.
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        with unpaid claims. FIGA obtains funds to pay the claims of insolvent insurers located in Florida from
        the liquidation of the assets of insolvent insurers by the Division of Rehabilitation and Liquidation within
        DFS and from the liquidation of assets of insolvent insurers located outside Florida that transact
        insurance business in Florida. 39 If an insurer’s assets are insufficient to pay all claims, FIGA can also
        issue post-insolvency assessments against property and casualty insurers to obtain funds to pay the
        remaining claims. 40

        An insurer issuing a personal lines residential property insurance policy may include in such policy a
        separate roof deductible that meets all of the following requirements: 41
            • Allows property insurers to include in the policy a separate roof deductible of up to two percent
               of the Coverage A limit of the policy or 50 percent of the cost to replace the roof. The
               policyholder must also be offered the option to decline the roof deductible by signing a form
               approved by the OIR. If a roof deductible is added to the policy at renewal, the insurer must
               provide a notice of change in policy terms and allow the policyholder to decline the separate
               roof deductible.
            • Requires that policyholders that select a roof deductible must receive an actuarially sound
               premium credit or discount.
            • Provides that the roof deductible does not apply to:
                   o A total loss to the primary structure in accordance with the valued policy law, 42 which is
                       caused by a covered peril.
                   o A loss caused by a hurricane.
                   o A roof loss resulting from a tree fall or other hazard that damages the roof and punctures
                       the roof deck.
                   o A roof loss requiring the repair of less than 50 percent of the roof.
            • Specifies that when a roof deductible is applied, no other deductibles under the policy may be
               applied.
            • Specifies that a roof deductible only applies to a claim adjusted on a replacement cost basis.
            • Authorizes an insurer to limit the claim payment for a roof to the actual cash value of the loss to
               the roof until the insurer receives reasonable proof of payment by the policyholder of the roof
               deductible.
            • Requires a roof deductible provision to be clear and unambiguous.
            • Requires the inclusion of the following disclosures:
                   o On the page immediately behind the declarations page, notice that a roof deductible may
                       result in high out-of-pocket expenses to the policyholder.
                   o On the policy declarations page, prominent display of the actual dollar value of the roof
                       deductible at issuance and renewal.
            • Allows an insurer to limit payment on a roof claim to actual cash value until the policyholder
               pays the roof deductible.

        Law requires insureds to notify an insurer of a claim or reopened claim, 43 within 1 year after the date of
        loss. 44 Notice of a supplemental claim 45 must be given to the insurer within 18 months of the date of
        loss or such claim is barred. Insureds are also required to notify an insurer of a claim, supplemental
        claim, or reopened sinkhole claim within 2 years after the insured knew or reasonably should have


39 See s. 631.061, F.S. for grounds for liquidation. See s. 631.025, F.S., for an overview of persons subject to
proceedings initiated by the Division.
40 S. 631.57, F.S.
41 S. 672.701(10), F.S.
42 S. 627.702, F.S.
43 S. 627.70132(1)(a), F.S., defines “reopened claim” as a claim that an insurer has previously closed, but that has been

reopened upon an insured’s request for additional costs for loss or damage previously disclosed to the insurer.
44 S. 627.702(3), F.S., provides that the date of loss for claims resulting from specified and other weather-related events,

such as hurricanes and tornadoes, is the date that the hurricane made landfall or the other weather-related event is
verified by the National Oceanic and Atmospheric Administration.
45 S. 627.70132(1)(b), F.S., defines “supplemental claim” as a claim for additional loss or damage from the same peril

which the insured has previously adjusted or for which costs have been incurred while completing repairs or replacement
pursuant to an open claim for which timely notice was previously provided to the insurer.
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        known about the loss. 46 The law does not currently contain any tolling of these time limits for military
        service members.

        Effect of the Bill – Insurance Policy/Claims Handling

        The bill adds two new acts that constitute unfair methods of competition or unfair or deceptive acts by
        an insurer or agent. They are:
            • Altering or amending an insurance adjuster’s report without including:
                    o A detailed lists of all changes made to the report.
                    o The identity of the person who ordered each change.
                    o A detailed explanation of why a change was made if the change reduces an estimate of
                         a loss.
            • Authorizing or permitting an insurer to pay a bonus to an officer or director of an insurer while
                the insurer is impaired or insolvent, regardless of whether delinquency proceedings have been,
                or will be, initiated.

        The bill prohibits Citizens from determining that a property risk is ineligible for coverage solely because
        the property risk has unrepaired damage that is the subject of a claim being serviced by the Florida
        Insurance Guaranty Association (FIGA). This prohibition applies to a property until the earlier of 36
        months from the date FIGA starting servicing the claim or the date that FIGA closes the claim.

        The bill clarifies that if a roof deductible is applied to a loss that is the subject of a claim under a
        residential property insurance policy, no other deductible may be applied to any other loss to the
        property caused by the same covered peril.

        The bill provides tolling of the time limitations for providing notice of a property insurance claim to an
        insurer during any term of deployment to a combat zone or combat support posting which materially
        affects the ability of a servicemember 47 to file a claim.

        The bill clarifies that nothing in SB 2A (2022A) shall be construed to impair any right under any
        insurance contract in effect on or before that bill became law. 48

        Fines Against Insurers, Agencies, and Agents

        Background

        DFS provides education, information, and assistance to consumers for all products or services
        regulated by DFS or FSC. 49 DFS’ duties specifically include:
           • Receiving consumer questions and complaints;
           • Educating the public about insurance-related topics;
           • Providing mediation of consumer and insurance company disputes; and
           • Serving as a conduit for referrals for further legal action by DFS. 50

        DFS may impose an administrative penalty on a person who holds a license or certificate of authority
        from DFS if that person fails to respond to DFS’ request for information within 20 days. 51 A licensed

46 S. 627.706(5), F.S.
47 A servicemember is defined in s. 250.01(19), F.S., as a member of the United States Armed Forces on active duty or

state active duty and all members of the Florida National Guard and United States Reserve Forces.
48 SB 2A was the property insurance bill that was passed during the 2022A Special Session. It became ch. 2022-271,

Laws of Fla. This provision applies to SB 2A from the date it became law. See drafting comments.
49 Florida Department of Financial Services, Department of Financial Services Long Range Program Plan: Fiscal Years

2023-24 through 2027-28, 15 (Oct. 17, 2022), available at
http://floridafiscalportal.state.fl.us/Document.aspx?ID=24407&DocType=PDF (last visited Apr. 2, 2023). See also, Florida
Department of Financial Services, Consumer Guides,
https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/Default.htm (last visited Apr. 2, 2023).
50 S. 624.307(10)(a), F.S.
51 S. 624.307(10)(b), F.S.
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        individual must produce any requested documents not subject to attorney-client or work product
        privilege.

        OIR, through its ongoing oversight and examination process, determines whether insurance companies
        are operating in compliance with the Insurance Code. OIR is authorized to impose administrative fines
        in lieu of suspension or revocation if it finds that one or more grounds exist for the discretionary
        revocation or suspension of the certificate of authority. 52 OIR may impose an administrative fine as
        follows:
             • A maximum of $5,000, per non-willful violation, with an aggregate limit of $20,000 for all non-
                 willful violations arising out of the same action.
             • A maximum of $40,000 per violation, with a $200,000 aggregate limit for all willful violations
                 arising out of the same action.
             • If an insurer owes restitution due to a violation, the insurer must provide the restitution and
                 include 12 percent interest from the date of the violation or the inception of the insured’s policy.

        The Insurance Code also authorizes fines for engaging in an unfair or deceptive act or practice
        involving the business of insurance. 53 An insurer that commits such violations is subject to a fine of:
            • A maximum of $5,000 for each non-willful violation, not to exceed an aggregate amount of
                $20,000.
            • A maximum of $40,000 for each willful violation arising from the same action, not to exceed an
                aggregate amount of $200,000. 54

        Effect of the Bill – Fines

        Consumer Services – Fines

        The bill reduces the time that insurers and agents have to respond to Consumer Services regarding
        consumer complaints from 20 days to 14 days, but allows them to respond electronically instead of
        solely in writing. It also increases the fines for an insurer’s failure to respond to such complaints from
        $2,500 per violation to $5,000 per violation.

        OIR – Fines

        The bill creates the following fines for violations of the Insurance Code by an insurer related to a
        covered loss or claim related to a declared a state of emergency:
           • $25,000 per violation, up to an aggregate amount of $100,000 for all nonwillful violations arising
                out of the same action.
           • $200,000 per violation, up to an aggregate amount of $1,000,000 for all willful violations arising
                out of the same action.

        The bill increases the current maximum fines for all other violations of the Insurance Code by an
        insurer, as follows:

             Type of           Current Fine       Increased Fine       Current Fine       Increased Fine
             Violation          Individual          Individual          Aggregate           Aggregate
                                 Violation           Violation          Violations          Violations
             Non-willful           $5,000             $12,500             $20,000             $50,000
              Willful            $40,000             $100,000            $200,000            $500,000

        Unfair Methods of Competition or Unfair or Deceptive Acts or Practices – Fines




52 S. 624.4211, F.S.
53 S. 626.9521, F.S.
54 S. 626.9521(2), F.S.
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        The bill establishes that anyone who engages in an unfair method of competition or unfair or deceptive
        act or practice related to a covered loss or claim caused by a declared state of emergency is subject to
        the following fines:
            • For any person, 55 up to $25,000 for each nonwillful violation and $200,000 for each willful
                 violation.
            • For an insurer, an aggregate maximum of $100,000 for all nonwillful violations and $1,000,000
                 for all willful violations arising out of the same action.

        The maximum fine for engaging in twisting, 56 churning, 57 or willfully submitting fraudulent signatures on
        an application or policy-related document are increased from $5,000 to $12,500 for each nonwillful
        violation and from $75,000 to $187,500 for each willful violation. The aggregate maximum fines for this
        conduct are increased from $50,000 to $125,000 for all nonwillful violations and from $250,000 to
        $625,000 for all willful violations arising out of the same actions.

        The bill increases the maximum fines for all other instances of unfair methods of competition or unfair
        or deceptive acts or practices by a person as follows:

          Type of Violation          Current Fine          Increased Fine            Current Fine           Increased Fine
                                      Individual             Individual               Aggregate               Aggregate
                                       Violation              Violation            Violations by an        Violations by an
                                                                                        Insurer                 Insurer
              Non-willful               $5,000                  $12,500                  $20,000                 $50,000
               Willful                  $40,000                $100,000                $200,000                $500,000

        Reporting Requirements

        Background

        OIR is required to submit an annual report to the Speaker and Minority Leader of the House of
        Representatives, the President and Minority Leader of the Senate, the chairs of the legislative
        committees with jurisdiction over matters of insurance, and the Governor. 58 The report is to cover the
        following information from the preceding calendar year:
             • Names of the authorized insurers transacting insurance in this state, with abstracts of their
                financial statements including assets, liabilities, and net worth.
             • Names of insurers whose business was closed during the year, the cause thereof, and amounts
                of assets and liabilities as ascertainable.
             • Names of insurers against which delinquency or similar proceedings were instituted and related
                information.
             • The receipts and estimated expenses of OIR.
             • Other pertinent information as OIR deems to be in the public interest.
             • A compilation of the laws passed by the Legislature relating to insurance.
             • An analysis and summary report of the state of the insurance industry in Florida.



55 Person in connection with unfair methods of competition and unfair or deceptive acts or practices means any individual,

corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or
business trust or any entity involved in the business of insurance. S. 626.9511(1), F.S.
56 Twisting is defined as knowingly making any misleading representations or incomplete or fraudulent comparisons or

fraudulent material omissions of or with respect to any insurance policies or insurers for the purpose of inducing, or
tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any
insurance policy or to take out a policy of insurance in another insurer. S. 626.9541(1)(l), F.S.
57 Churning is a practice whereby policy values in an existing life insurance policy or annuity contract, including, but not

limited to, cash, loan values, or dividend values, and in any riders to that policy or contract, are directly or indirectly used
to purchase another insurance policy or annuity contract with that same insurer for the purpose of earning additional
premiums, fees, commissions, or other compensation. S. 626.9541(1)(aa).
58 S. 624.315, F.S. As of the date of this analysis, OIR has not provided its annual report to the Legislature since its 2021

Annual Report, which contained data from calendar year 2020.
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        The Division of Investigative and Forensic Services (DIFS) investigates various types of insurance
        fraud including Personal Injury Protection fraud, workers' compensation fraud, vehicle fraud, application
        fraud, licensee fraud, homeowner's insurance fraud, and healthcare fraud. 59 DIFS is directed by statute
        to investigate fraudulent insurance acts, violations of the Unfair Insurance Trade Practices Act, 60 false
        and fraudulent insurance claims, 61 and willful violations of the Florida Insurance Code and rules
        adopted pursuant to the code. 62 DIFS includes a Bureau of Insurance Fraud (Bureau) and employs
        sworn law enforcement officers to investigate insurance fraud.

        Effect of the Bill – Reporting

        The bill requires OIR to provide an annual report by February 15 each year to the Governor, President
        of the Senate, and Speaker of the House on its actions to enforce insurer compliance with the
        Insurance Code during the previous year (annual compliance report). OIR must also publish the
        annual compliance report on its website. The annual compliance report must contain information
        regarding:
            • Revocation, denial, or suspension of any license or registration issued by OIR.
            • Fines imposed by OIR for violations of the Insurance Code.
            • Consent orders entered into by OIR.
            • Examinations and investigations conducted and completed for which OIR found violations of law
                or rule, but did not take enforcement action.

        OIR must also create quarterly reports detailing all actions to enforce insurer compliance with the
        Insurance Code during the previous quarter. The quarterly reports must be submitted to the FSC,
        President of the Senate, Speaker of the House, and legislative committees with jurisdiction over
        insurance matters. They must contain the same information as the annual compliance report.

        The bill requires that the Bureau submit a performance report to the President of the Senate and
        Speaker of the House by January 1 each year, which includes at least the following information:
           • Total number of initial referrals received, cases opened, cases presented for prosecution, cases
                closed, and convictions resulting from cases presented for prosecution by the Bureau.
           • Number of referrals received from insurers, OIR, and Consumer Services, and the outcome of
                those referrals.
           • Number of investigations undertaken by the Bureau which were not the result of a referral from
                an insurer and the outcome of those investigations.
           • Number of investigations that resulted in a referral to a regulatory agency and the disposition of
                those referrals.
           • Number of cases presented by the Bureau which local or statewide prosecutors declined to
                prosecute with the reasons why they declined.
           • A summary of the annual report containing the data collected from fraud prosecutors. 63
           • The total number of employees assigned to the Bureau, broken down by location.
           • Average caseload and turnaround time for each investigator.

        The bill clarifies that, in addition to reporting to other agencies, DIFS may report alleged insurance-
        related crimes that impact two or more Florida judicial circuits to the statewide prosecutor.

        Rates/Premiums

        Background



59 See https://myfloridacfo.com/Division/DIFS/ (last visited Apr. 2, 2023).
60 S. 626.9541, F.S.
61 S. 817.234, F.S.
62 S. 624.15, F.S.
63 S. 626.9896, F.S. requires such a report be prepared annually by the Bureau and presented to the Governor, President

of the Senate, and Speaker of the House of Representatives.
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         Residential property insurance rate filings must account for mitigation measures undertaken by
         policyholders to reduce hurricane losses. 64 Specifically, the rate filings must include actuarially
         reasonable discounts, credits, or other rate differentials or appropriate reductions in deductibles to
         consumers who implement windstorm damage mitigation techniques to their properties. 65 Upon their
         filing by an insurer or rating organization, OIR determines the discounts, credits, other rate differentials
         and appropriate reductions in deductibles that reflect the full actuarial value of such revaluation, 66 which
         in turn may be used in rate filings under the rating law. Windstorm mitigation measures that must be
         evaluated for purposes of mitigation discounts include fixtures or construction techniques that enhance
         roof strength, roof covering performance, roof-to-wall strength, wall-to-floor-to-foundation strength,
         opening protection, and window, door, and skylight strength. 67

         Effect of the Bill – Rates/Premiums

         The bill requires all residential property insurers to provide information on their websites describing
         hurricane mitigation premium discounts available to policyholders. Additionally, beginning on January 1,
         2025, and every five years thereafter, OIR must reevaluate the fixtures or construction techniques
         demonstrated to reduce windstorm losses, and the discounts, credits, other rate differentials, and
         reductions in deductibles that correspond to these fixtures and techniques.


         Agency Staffing

         Background

         DFS and OIR have both expressed to the Legislature that they have difficulty recruiting and retaining
         qualified staff due to their inability to compete with the salaries paid by the private sector for similar
         work. During a presentation to the Senate Banking and Insurance Committee on March 29, 2023, the
         Director of DFS Consumer Services explained that there is currently a 55 percent vacancy rate in the
         positions for the telephone helpline. 68

         Effect of the Bill – Agency Staffing

         The bill appropriates recurring and nonrecurring funds from the Insurance Regulatory Trust Fund to
         create the following full-time positions to implement this bill:
            • Five positions within DFS.
            • Fourteen positions within OIR.

     B. SECTION DIRECTORY:

         Section 1. Amends s. 624.307, F.S., relating to general powers; duties.

         Section 2. Amends s. 624.3152, F.S., relating to annual report.

         Section 3. Creates s. 624.3152, F.S., relating to quarterly report of enforcement activity.

         Section 4. Amends s. 624.316, F.S., relating to examination of insurers.

         Section 5. Amends s. 624.3161, F.S., relating to market conduct examinations.

         Section 6. Amends s. 624.4211, F.S., relating to administrative fine in lieu of suspension or revocation.

64 S. 627.062(2)(j), F.S.
65 S. 627.0629(1), F.S.
66 Id.
67 Id.
68 Senate Committee on Banking and Insurance, Presentation by Greg Thomas from DFS,

https://www.flsenate.gov/media/videoplayer?EventID=1_nty0d3lq-202303290830&Redirect=true (last visited Apr. 8,
2023).
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DATE: 4/8/2023
       Section 7. Amends s. 626.207, F.S., relating to disqualification of applicants and licensees; penalties
                  against licensees; rulemaking authority.

       Section 8. Amends s. 626.9521, F.S., relating to unfair methods of competition and unfair or deceptive
                  acts or practices prohibited; penalties.

       Section 9. Amends s. 626.9541, F.S., relating to unfair methods of competition and unfair or deceptive
                  acts or practices defined.

       Section 10. Amends s. 626.989, F.S., relating to investigation by department of Division of
                   Investigative and Forensic Services; compliance; immunity; confidential information;
                   reports to division; division investigator’s power of arrest.

       Section 11. Amends s. 627.0629, F.S., relating to residential property insurance; rate filings.

       Section 12. Amends s. 627.31, F.S., relating to insurance risk apportionment plans.

       Section 13. Amends s. 627.701, F.S., relating to liability of insureds; coinsurance; deductibles.

       Section 14. Amends s. 627.70132, F.S., relating to notice of property insurance claim.

       Section 15. Provides uncoded directory language.

       Section 16. Provides an appropriation of funds for DFS.

       Section 17. Provides an appropriation of funds for OIR.

       Section 18. Provides an effective date of July 1, 2023.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           If the bill results in DFS and OIR assessing newly created or increased fine amounts against
           insurers, insurance agents and agencies, or others, it may result in additional revenues for the
           state.

       2. Expenditures:

           The bill provides for appropriation of funds from the Insurance Regulatory Trust Fund for:
              • $494,774 in recurring funds and $23,410 in nonrecurring funds for five additional full-time
                   positions within DFS.
              • $1,301,672 in recurring funds and $65,548 in nonrecurring funds for fourteen additional full-
                   time positions within OIR.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.
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DATE: 4/8/2023
    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        The bill may result in a negative economic impact on insurers if they are assessed new or increased
        fine amounts and if they have to expend additional funds to pay for more frequent examinations by
        OIR. 69

    D. FISCAL COMMENTS:

        None.
                                                     III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

           Not applicable. This bill does not appear to affect county or municipal governments.

        2. Other:

           None.

    B. RULE-MAKING AUTHORITY:

        The bill provides OIR and the FSC with the authority necessary to implement rules and forms to
        administer the portions of the bill where rulemaking and form creation are required, including risk-based
        selection methods for financial and market conduct examinations of insurers and mitigation discounts
        for residential property insurance policies.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        Lines 148-271: These lines contain errors in coding. Certain lines of new statutory language lack
        underlining and should be amended to correct the coding.

        Lines 256-258: These lines require consideration of particular metrics from a NAIC Market Conduct
        Annual Statement in determining whether a market conduct examination is necessary, but the metrics
        are not defined. The bill should be amended to provide the metrics that must be considered.

        Lines 684-691: Chapter 2022-271, Laws of Fla., (SB 2A (2022A)) contains multiple effective dates, so
        the language in this section of the bill may cause confusion about what date applies in the event of a
        dispute under an insurance contract that went into effect after the bill was approved by the Governor,
        but before the applicable effective date specified within the bill.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




69 Insurers are responsible for paying OIR for the cost of their examinations. S. 624.320, F.S.
STORAGE NAME: pcb04.COM                                                                                  PAGE: 13
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           PCB COM 23-04                                                                                        2023




    1                                         A bill to be entitled
    2              An act relating to insurer accountability; amending s.
    3              624.307, F.S.; authorizing electronic responses to
    4              certain requests from the Division of Consumer
    5              Services of the Department of Financial Services
    6              concerning consumer complaints; revising the timeframe
    7              in which responses must be made; revising
    8              administrative penalties; amending s. 624.315, F.S.;
    9              specifying reporting requirements for the Office of
10                 Insurance Regulation's internal auditor in the
11                 office's annual report relating to the enforcement of
12                 insurer compliance; creating s. 624.3152, F.S.;
13                 specifying requirements for the office to report
14                 quarterly to the Legislature relating to the
15                 enforcement of insurer compliance; amending s.
16                 624.316, F.S.; requiring the office to create a
17                 specified methodology for scheduling examinations of
18                 insurers; specifying requirements for such
19                 methodology; providing construction; amending s.
20                 624.3161, F.S.; providing that authorized property
21                 insurers must, rather than may, be subject to an
22                 additional market conduct examination after a
23                 hurricane if specified conditions are met; revising
24                 the applicability of such conditions; requiring the
25                 office to create, and the Financial Services

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        PCB COM 23-04                                                                                        2023




26              Commission to adopt by rule, a specified methodology
27              for scheduling examinations of insurers; specifying
28              requirements for such methodology; providing
29              construction; amending s. 624.4211, F.S.; revising
30              administrative fines the office may impose in lieu of
31              revocation or suspension; amending s. 626.207, F.S.;
32              revising a condition for disqualification of an
33              insurance representative applicant or licensee;
34              amending s. 626.9521, F.S.; revising and specifying
35              applicable fines for unfair methods of competition and
36              unfair or deceptive acts or practices; amending s.
37              626.9541, F.S.; adding an unfair claim settlement
38              practice by an insurer; prohibiting an officer or a
39              director of an impaired insurer to authorize or permit
40              the insurer to pay a bonus to any officer or director
41              of the insurer; defining the term "bonus"; providing a
42              criminal penalty; amending s. 626.989, F.S.; revising
43              a reporting requirement for the department's Division
44              of Investigative and Forensic Services; requiring the
45              division to submit an annual performance report to the
46              Legislature; specifying requirements for the report;
47              amending s. 627.0629, F.S.; specifying requirements
48              for residential property insurers in providing certain
49              hurricane mitigation discount information to
50              policyholders in a specified manner; specifying

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        PCB COM 23-04                                                                                        2023




51              requirements for the office in reevaluating and
52              updating certain fixtures and construction techniques;
53              deleting obsolete dates; amending s. 627.351, F.S.;
54              prohibiting Citizens Property Insurance Corporation
55              from determining that a risk is ineligible for
56              coverage solely on a specified basis; amending s.
57              627.701, F.S.; providing that if a roof deductible is
58              applied under a personal lines residential property
59              insurance policy, no other deductible under the policy
60              may be applied to any other loss to the property
61              caused by the same covered peril; amending s.
62              627.70132, F.S.; providing for the tolling of certain
63              timeframes for filing notices of property insurance
64              claims for servicemembers; providing appropriations;
65              providing an effective date.
66
67      Be It Enacted by the Legislature of the State of Florida:
68
69                      Section 1.         Paragraph (b) of subsection (10) of
70      section 624.307, Florida Statutes, is amended to read:
71              624.307       General powers; duties.—
72              (10)
73              (b)     Any person licensed or issued a certificate of
74      authority by the department or the office shall respond, in
75      writing or electronically, to the division within 14 20 days

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         PCB COM 23-04                                                                                        2023




76       after receipt of a written request for documents and information
77       from the division concerning a consumer complaint. The response
78       must address the issues and allegations raised in the complaint
79       and include any requested documents concerning the consumer
80       complaint not subject to attorney-client or work-product
81       privilege. The division may impose an administrative penalty for
 82      failure to comply with this paragraph of up to $5,000 $2,500 per
 83      violation upon any entity licensed by the department or the
 84      office and $250 for the first violation, $500 for the second
 85      violation, and up to $1,000 per for the third or subsequent
 86      violation by upon any individual licensed by the department or
 87      the office.
88               Section 2.         Present subsection (4) of section 624.315,
89       Florida Statutes, is redesignated as subsection (5), and a new
90       subsection (4) is added to that section, to read:
91               624.315       Annual report.—
 92              (4)     The office shall detail all actions to enforce insurer
 93      compliance during the previous year. For each of the following,
 94      the report must detail the insurer or other licensee or
 95      registrant against whom such action was taken; whether the
 96      office found any violation of law or rule by such party, and, if
 97      so, detail such violation; and the resolution of such action,
 98      including any penalties imposed by the office. The report must
 99      be published on the website of the office and submitted to the
100      Governor, the President of the Senate, and the Speaker of the

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         PCB COM 23-04                                                                                        2023




101      House of Representatives on or before February 15 of each year.
102      The report must include, but need not be limited to:
103              (a)     The revocation, denial, or suspension of any license
104      or registration issued by the office.
105              (b)     All actions taken pursuant to s. 624.310.
106              (c)     Fines imposed by the office for violations of this
107      code.
108              (d)     Consent orders entered into by the office.
109              (e)     Examinations and investigations conducted and
110      completed by the office pursuant to ss. 624.316 and 624.3161.
111              (f)     Investigations conducted and completed, by line of
112      insurance, for which the office found violations of law or rule
113      but did not take enforcement action.
114              Section 3.          Section 624.3152, Florida Statutes, is created
115      to read:
116              624.3152          Quarterly report of enforcement activity.—Each
117      quarter, the office shall create a report detailing all actions
118      of the office to enforce insurer compliance. The report must be
119      submitted to the commission, the President of the Senate, the
120      Speaker of the House of Representatives, and the legislative
121      committees with jurisdiction over matters of insurance. For each
122      of the following, the report must detail the insurer or other
123      licensee or registrant against whom such action was taken;
124      whether the office found any violation of law or rule by such
125      party, and, if so, detail such violation; and the resolution of

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         PCB COM 23-04                                                                                        2023




126      such action, including any penalties imposed by the office. The
127      report is due on or before April 30, July 31, October 31, and
128      January 31, respectively, for the immediately preceding quarter.
129      The report must include, but need not be limited to:
130              (1)     The revocation, denial, or suspension of any license
131      or registration issued by the office.
132              (2)     All actions taken pursuant to s. 624.310.
133              (3)     Fines imposed by the office for violations of this
134      code.
135              (4)     Consent orders entered into by the office.
136              (5)     Examinations and investigations conducted and
137      completed by the office pursuant to ss. 624.316 and 624.3161.
138              (6)     Investigations conducted and completed, by line of
139      insurance, for which the office found violations of law or rule
140      but did not take enforcement action.
141              Section 4.         Subsection (2) is amended and subsection (3) is
142      added to section 624.316, Florida Statutes, to read:
143              624.316       Examination of insurers.—
144              (2)(a)        Except as provided in paragraph (f), the office may
145      examine each insurer as often as may be warranted for the
146      protection of the policyholders and in the public interest, but
147      must, at a minimum, examine insurers as follows:
148              1.      High-risk insurers not less frequently than once every
149      3 years.
150              2.      Average-risk insurers not less frequently than once

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         PCB COM 23-04                                                                                        2023




151      every 5 years.
152              3.      Low-risk insurers not less frequently than once every 7
153      years and shall examine each domestic insurer not less
154      frequently than once every 5 years.
155
156      The examination shall cover the preceding 5 fiscal years since
157      the last examination of the insurer, except for low-risk
158      insurers, in which case the examination shall cover the
159      preceding 5 fiscal years, and shall be commenced within 12
160      months after the end of the most recent fiscal year being
161      covered by the examination. The examination may cover any period
162      of the insurer’s operations since the last previous examination.
163      The examination may include examination of events subsequent to
164      the end of the most recent fiscal year and the events of any
165      prior period that affect the present financial condition of the
166      insurer.
167              (3)     The office shall create, and the commission shall
168      adopt by rule, a risk-based selection methodology for scheduling
169      and conducting examinations of insurers and other entities
170      subject to this section. This requirement does not restrict the
171      authority of the office to conduct market conduct examinations
172      as often as it deems advisable. Such methodology must include:
173              (a)     Use of currently required risk-based capital reports
174      to prioritize financial examinations of insurers when such
175      reporting indicates a decline in the insurer's financial

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         PCB COM 23-04                                                                                        2023




176      condition.
177              (b)     Consideration of any downgrade or threatened downgrade
178      in the insurer's financial strength rating.
179              (c)     Prioritization of property insurers for which the
180      office identifies significant concerns about an insurer's
181      solvency pursuant to s. 627.7154.
182              (d)     Any other conditions the office deems necessary for
183      the protection of the public.
184
185      The office shall present the proposed rule required by this
186      subsection to the commission no later than October 1, 2023. In
187      addition to the methodology required by this subsection, the
188      rule must include a plan to implement the examination schedule
189      in subsection (2).
190              Section 5.         Subsection (7) of section 624.3161, Florida
191      Statutes, is amended, and subsection (8) is added to that
192      section, to read:
193              624.3161          Market conduct examinations.—
194              (7)     Notwithstanding subsection (1), any authorized insurer
195      transacting property insurance business in this state must may
196      be subject to an additional market conduct examination after a
197      hurricane if, at any time more than 90 days after the end of the
198      hurricane, the insurer:
199              (a)     Is among the top 20 percent of insurers based upon a
200      calculation of the ratio of hurricane-related property insurance

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         PCB COM 23-04                                                                                        2023




201      claims filed to the number of property insurance policies in
202      force;
203              (b)     Is among the top 20 percent of insurers based upon a
204      calculation of the ratio of consumer complaints made to the
205      department to hurricane-related claims;
206              (c)     Has made significant payments to its managing general
207      agent since the hurricane; or
208              (d)     Is identified by the office as necessitating a market
209      conduct exam for any other reason.
210
211      All relevant criteria under this section and s. 624.316 shall be
212      applied to the market conduct examination under this subsection.
213      Such an examination must be initiated within 18 months after the
214      landfall of a hurricane that results in an executive order or a
215      state of emergency issued by the Governor. This requirement does
216      not limit in any way the authority of the office to conduct at
217      any time a market conduct examination of a property insurer in
218      the aftermath of a hurricane. An examination of an insurer under
219      this subsection must also include an examination of its managing
220      general agent as if it were the insurer.
221              (8)     The office shall create, and the commission shall
222      adopt by rule, a risk-based selection methodology for scheduling
223      and conducting market conduct examinations of insurers and other
224      entities regulated by the office. This requirement does not
225      restrict the authority of the office to conduct market conduct

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         PCB COM 23-04                                                                                        2023




226      examinations as often as it deems necessary. Under such
227      selection methodology, the office must initiate a market conduct
228      examination if any of the following conditions exist relating to
229      an insurer or other entity regulated by the office:
230              (a)      An insurance regulator in another state has initiated
231      or taken regulatory action against the insurer or entity,
232      including, but not limited to:
233              1.      A licensure denial, suspension, or revocation;
234              2.      Imposition of administrative fines; or
235              3.      Issuance of a cease and desist order, consent order, or
236      other order regarding actions or omissions of the insurer or
237      entity.
238              (b)      Given the insurer's market share in this state, the
239      department or the office has received a disproportionate number
240      of the following types of claims-handling complaints against the
241      insurer:
242              1.      Failure to timely communicate with respect to claims;
243              2.      Failure to timely pay claims;
244              3.      Untimely payments giving rise to the payment of
245      statutory interest;
246              4.      Failure to adjust and pay claims in accordance with the
247      terms and conditions of the policy or contract and in compliance
248      with state law;
249              5.      Violations of the Unfair Insurance Trade Practices Act
250      in part IX of chapter 626;

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251              6.      Failure to use licensed and duly appointed claims
252      adjusters;
253              7.      Failure to maintain reasonable claims records; or
254              8.      Failure to adhere to the company's claims-handling
255      manual.
256              (c)      The results of a National Association of Insurance
257      Commissioners Market Conduct Annual Statement indicate the
258      insurer is a negative outlier with regard to particular metrics.
259              (d)      There is evidence the insurer is engaged in a pattern
260      or practice of violations of the Unfair Insurance Trade
261      Practices Act.
262
263              (f)      Any other conditions the office deems necessary for
264      the protection of the public.
265
266      The office shall present the proposed rule required by this
267      subsection to the commission no later than October 1, 2023. In
268      addition to the methodology required by this subsection, the
269      rule must provide criteria for how the office will determine
270      that it has received a disproportionate of the claims-handling
271      complaints described in paragraph (b).
272              Section 6.          Section 624.4211, Florida Statutes, is amended
273      to read:
274              624.4211          Administrative fine in lieu of suspension or
275      revocation.—

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         PCB COM 23-04                                                                                        2023




276              (1)      If the office finds that one or more grounds exist for
277      the discretionary revocation or suspension of a certificate of
278      authority issued under this chapter, the office may, in lieu of
279      such revocation or suspension, impose a fine upon the insurer.
280              (2)(a)       With respect to a any nonwillful violation, such
281      fine may not exceed:
282              1.      Twenty-five thousand dollars per violation, up to an
283      aggregate amount of $100,000 for all nonwillful violations
284      arising out of the same action, related to a covered loss or
285      claim caused by an emergency for which the Governor declared a
286      state of emergency pursuant to s. 252.36.
287              2.      Twelve thousand five hundred dollars $5,000 per
288      violation, up to. In no event shall such fine exceed an
289      aggregate amount of $50,000 $20,000 for all other nonwillful
290      violations arising out of the same action.
291              (b)      If an insurer discovers a nonwillful violation, the
292      insurer shall correct the violation and, if restitution is due,
293      make restitution to all affected persons. Such restitution shall
294      include interest at 12 percent per year from either the date of
295      the violation or the date of inception of the affected person's
296      policy, at the insurer's option. The restitution may be a credit
297      against future premiums due provided that interest accumulates
298      until the premiums are due. If the amount of restitution due to
299      any person is $50 or more and the insurer wishes to credit it
300      against future premiums, it shall notify such person that she or

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301      he may receive a check instead of a credit. If the credit is on
302      a policy that is not renewed, the insurer shall pay the
303      restitution to the person to whom it is due.
304              (3)(a)       With respect to a any knowing and willful violation
305      of a lawful order or rule of the office or commission or a
306      provision of this code, the office may impose a fine upon the
307      insurer in an amount not to exceed:
308              1.      Two hundred thousand dollars for each such violation,
309      up to an aggregate amount of $1 million for all knowing and
310      willful violations arising out of the same action, related to a
311      covered loss or claim caused by an emergency for which the
312      Governor declared a state of emergency pursuant to s. 252.36.
313              2.      One hundred thousand dollars $40,000 for each such
314      violation, up to. In no event shall such fine exceed an
315      aggregate amount of $500,000 $200,000 for all other knowing and
316      willful violations arising out of the same action.
317              (b)      In addition to such fines, the insurer shall make
318      restitution when due in accordance with subsection (2).
319              (4)      The failure of an insurer to make restitution when due
320      as required under this section constitutes a willful violation
321      of this code. However, if an insurer in good faith is uncertain
322      as to whether any restitution is due or as to the amount of such
323      restitution, it shall promptly notify the office of the
324      circumstances; and the failure to make restitution pending a
325      determination thereof shall not constitute a violation of this

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         PCB COM 23-04                                                                                        2023




326      code.
327              Section 7.         Paragraph (c) of subsection (3) of section
328      626.207, Florida Statutes, is amended to read:
329              626.207       Disqualification of applicants and licensees;
330      penalties against licensees; rulemaking authority.—
331              (3)     An applicant who has been found guilty of or has
332      pleaded guilty or nolo contendere to a crime not included in
333      subsection (2), regardless of adjudication, is subject to:
334              (c)     A 7-year disqualifying period for all misdemeanors
335      directly related to the financial services business or any
336      violation of the Florida Insurance Code.
337              Section 8.         Subsections (2) and (3) of section 626.9521,
338      Florida Statutes, are amended to read:
339              626.9521          Unfair methods of competition and unfair or
340      deceptive acts or practices prohibited; penalties.—
341              (2)     Except as provided in subsection (3), any person who
342      violates any provision of this part is subject to a fine in an
343      amount not greater than $12,500 $5,000 for each nonwillful
344      violation and not greater than $100,000 $40,000 for each willful
345      violation. Fines under this subsection imposed against an
346      insurer may not exceed an aggregate amount of $50,000 $20,000
347      for all nonwillful violations arising out of the same action or
348      an aggregate amount of $500,000 $200,000 for all willful
349      violations arising out of the same action. The fines may be
350      imposed in addition to any other applicable penalty.

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351              (3)(a)       If a person violates s. 626.9541(1)(l), the offense
352      known as "twisting," or violates s. 626.9541(1)(aa), the offense
353      known as "churning," the person commits a misdemeanor of the
354      first degree, punishable as provided in s. 775.082, and an
355      administrative fine not greater than $12,500 $5,000 shall be
356      imposed for each nonwillful violation or an administrative fine
357      not greater than $187,500 $75,000 shall be imposed for each
358      willful violation. To impose an administrative fine for a
359      willful violation under this paragraph, the practice of
360      "churning" or "twisting" must involve fraudulent conduct.
361              (b)     If a person violates s. 626.9541(1)(ee) by willfully
362      submitting fraudulent signatures on an application or policy-
363      related document, the person commits a felony of the third
364      degree, punishable as provided in s. 775.082, and an
365      administrative fine not greater than $12,500 $5,000 shall be
366      imposed for each nonwillful violation or an administrative fine
367      not greater than $187,500 $75,000 shall be imposed for each
368      willful violation.
369              (c)     If a person violates any provision of this part and
370      such violation is related to a covered loss or covered claim
371      caused by an emergency for which the Governor declared a state
372      of emergency pursuant to s. 252.36, such person is subject to a
373      fine in an amount not greater than $25,000 for each nonwillful
374      violation and not greater than $200,000 for each willful
375      violation. Fines under this paragraph imposed against an insurer

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         PCB COM 23-04                                                                                        2023




376      may not exceed an aggregate amount of $100,000 for all
377      nonwillful violations arising out of the same action or an
378      aggregate amount of $1 million for all willful violations
379      arising out of the same action.
380              (d)      Administrative fines under paragraphs (a) and (b) this
381      subsection may not exceed an aggregate amount of $125,000
382      $50,000 for all nonwillful violations arising out of the same
383      action or an aggregate amount of $625,000 $250,000 for all
384      willful violations arising out of the same action.
385              Section 9.         Paragraphs (i) and (w) of subsection (1) of
386      section 626.9541, Florida Statutes, are amended to read:
387              626.9541          Unfair methods of competition and unfair or
388      deceptive acts or practices defined.—
389              (1)      UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
390      ACTS.—The following are defined as unfair methods of competition
391      and unfair or deceptive acts or practices:
392              (i)      Unfair claim settlement practices.—
393              1.      Attempting to settle claims on the basis of an
394      application, when serving as a binder or intended to become a
395      part of the policy, or any other material document which was
396      altered without notice to, or knowledge or consent of, the
397      insured;
398              2.      A material misrepresentation made to an insured or any
399      other person having an interest in the proceeds payable under
400      such contract or policy, for the purpose and with the intent of

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         PCB COM 23-04                                                                                        2023




401      effecting settlement of such claims, loss, or damage under such
402      contract or policy on less favorable terms than those provided
403      in, and contemplated by, such contract or policy;
404              3.      Committing or performing with such frequency as to
405      indicate a general business practice any of the following:
406              a.      Failing to adopt and implement standards for the proper
407      investigation of claims;
408              b.      Misrepresenting pertinent facts or insurance policy
409      provisions relating to coverages at issue;
410              c.      Failing to acknowledge and act promptly upon
411      communications with respect to claims;
412              d.      Denying claims without conducting reasonable
413      investigations based upon available information;
414              e.      Failing to affirm or deny full or partial coverage of
415      claims, and, as to partial coverage, the dollar amount or extent
416      of coverage, or failing to provide a written statement that the
417      claim is being investigated, upon the written request of the
418      insured within 30 days after proof-of-loss statements have been
419      completed;
420              f.      Failing to promptly provide a reasonable explanation in
421      writing to the insured of the basis in the insurance policy, in
422      relation to the facts or applicable law, for denial of a claim
423      or for the offer of a compromise settlement;
424              g.      Failing to promptly notify the insured of any
425      additional information necessary for the processing of a claim;

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         PCB COM 23-04                                                                                        2023




426               h.      Failing to clearly explain the nature of the requested
427      information and the reasons why such information is necessary;
428      or
429               i.      Failing to pay personal injury protection insurance
430      claims within the time periods required by s. 627.736(4)(b). The
431      office may order the insurer to pay restitution to a
432      policyholder, medical provider, or other claimant, including
433      interest at a rate consistent with the amount set forth in s.
434      55.03(1), for the time period within which an insurer fails to
435      pay claims as required by law. Restitution is in addition to any
436      other penalties allowed by law, including, but not limited to,
437      the suspension of the insurer's certificate of authority; or
438               j.      Altering or amending an insurance adjuster's report
439      without including on the report or as an addendum to the report
440      a detailed list of all changes made to the report and the
441      identity of the person who ordered each change. Any change that
442      has the effect of reducing the estimate of the loss must include
443      a detailed explanation why such change was made; or
444               4.      Failing to pay undisputed amounts of partial or full
445      benefits owed under first-party property insurance policies
446      within 60 days after an insurer receives notice of a residential
447      property insurance claim, determines the amounts of partial or
448      full benefits, and agrees to coverage, unless payment of the
449      undisputed benefits is prevented by factors beyond the control
450      of the insurer as defined in s. 627.70131(5).

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         PCB COM 23-04                                                                                        2023




451              (w)      Soliciting or accepting new or renewal insurance risks
452      or payment of certain bonuses by insolvent or impaired insurer
453      prohibited; penalty.—
454              1.      Whether or not delinquency proceedings as to the
455      insurer have been or are to be initiated, but while such
456      insolvency or impairment exists, no director or officer of an
457      insurer, except with the written permission of the office, shall
458      authorize or permit the insurer to solicit or accept new or
459      renewal insurance risks in this state after such director or
460      officer knew, or reasonably should have known, that the insurer
461      was insolvent or impaired.
462              2.      Regardless of whether delinquency proceedings as to the
463      insurer have been or are to be initiated, but while such
464      insolvency or impairment exists, a director or an officer of an
465      impaired insurer may not authorize or permit the insurer to pay
466      a bonus to any officer or director of the insurer.
467              3.      As used in this paragraph, the term:
468              a.      "Bonus" means a payment, in addition to an officer's or
469      a director's usual compensation, that is in addition to any
470      amounts contracted for or otherwise legally due.
471              b.      "Impaired" includes impairment of capital or surplus,
472      as defined in s. 631.011(12) and (13).
473              4.2.        Any such director or officer, upon conviction of a
474      violation of this paragraph, commits is guilty of a felony of
475      the third degree, punishable as provided in s. 775.082, s.

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         PCB COM 23-04                                                                                        2023




476      775.083, or s. 775.084.
477              Section 10.           Subsection (6) of section 626.989, Florida
478      Statutes, is amended, and subsection (10) is added to that
479      section, to read:
480              626.989       Investigation by department or Division of
481      Investigative and Forensic Services; compliance; immunity;
482      confidential information; reports to division; division
483      investigator's power of arrest.—
484              (6)(a)       Any person, other than an insurer, agent, or other
485      person licensed under the code, or an employee thereof, having
486      knowledge or who believes that a fraudulent insurance act or any
487      other act or practice which, upon conviction, constitutes a
488      felony or a misdemeanor under the code, or under s. 817.234, is
489      being or has been committed may send to the Division of
490      Investigative and Forensic Services a report or information
491      pertinent to such knowledge or belief and such additional
492      information relative thereto as the department may request. Any
493      professional practitioner licensed or regulated by the
494      Department of Business and Professional Regulation, except as
495      otherwise provided by law, any medical review committee as
496      defined in s. 766.101, any private medical review committee, and
497      any insurer, agent, or other person licensed under the code, or
498      an employee thereof, having knowledge or who believes that a
499      fraudulent insurance act or any other act or practice which,
500      upon conviction, constitutes a felony or a misdemeanor under the

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         PCB COM 23-04                                                                                        2023




501      code, or under s. 817.234, is being or has been committed shall
502      send to the Division of Investigative and Forensic Services a
503      report or information pertinent to such knowledge or belief and
504      such additional information relative thereto as the department
505      may require.
506              (b)     The Division of Investigative and Forensic Services
507      shall review such information or reports and select such
508      information or reports as, in its judgment, may require further
509      investigation. It shall then cause an independent examination of
510      the facts surrounding such information or report to be made to
511      determine the extent, if any, to which a fraudulent insurance
512      act or any other act or practice which, upon conviction,
513      constitutes a felony or a misdemeanor under the code, or under
514      s. 817.234, is being committed.
515              (c)     The Division of Investigative and Forensic Services
516      shall report any alleged violations of law which its
517      investigations disclose to the appropriate licensing agency and
518      state attorney or other prosecuting agency having jurisdiction,
519      including, but not limited to, the statewide prosecutor for
520      crimes that impact two or more judicial circuits in this state,
521      with respect to any such violation, as provided in s. 624.310.
522      If prosecution by the state attorney or other prosecuting agency
523      having jurisdiction with respect to such violation is not begun
524      within 60 days of the division's report, the state attorney or
525      other prosecuting agency having jurisdiction with respect to

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         PCB COM 23-04                                                                                        2023




526      such violation shall inform the division of the reasons for the
527      lack of prosecution.
528              (10)        The Division of Investigative and Forensic Services
529      Bureau of Insurance Fraud shall prepare and submit a performance
530      report to the President of the Senate and the Speaker of the
531      House of Representatives by January 1 of each year. The annual
532      report must include, but need not be limited to:
533              (a)     The total number of initial referrals received, cases
534      opened, cases presented for prosecution, cases closed, and
535      convictions resulting from cases presented for prosecution by
536      the Bureau of Insurance Fraud, by type of insurance fraud and
537      circuit.
538              (b)     The number of referrals received from insurers, the
539      office, and the Division of Consumer Services of the department,
540      and the outcome of those referrals.
541              (c)     The number of investigations undertaken by the Bureau
542      of Insurance Fraud which were not the result of a referral from
543      an insurer and the outcome of those referrals.
544              (d)     The number of investigations that resulted in a
545      referral to a regulatory agency and the disposition of those
546      referrals.
547              (e)     The number of cases presented by the Bureau of
548      Insurance Fraud which local prosecutors or the statewide
549      prosecutor declined to prosecute and the reasons provided for
550      declining prosecution.

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         PCB COM 23-04                                                                                        2023




551              (f)     A summary of the annual report required under s.
552      626.9896.
553              (g)     The total number of employees assigned to the Bureau
554      of Insurance Fraud, delineated by location of staff assigned;
555      and the number and location of employees assigned to the Bureau
556      of Insurance Fraud who were assigned to work other types of
557      fraud cases.
558              (h)     The average caseload and turnaround time by type of
559      case for each investigator.
560              (i)     The training provided during the year to insurance
561      fraud investigators.
562              Section 11.            Subsections (1), (3), and (4) of section
563      627.0629, Florida Statutes, are amended to read:
564              627.0629          Residential property insurance; rate filings.—
565              (1)     It is the intent of the Legislature that insurers
566      provide savings to consumers who install or implement windstorm
567      damage mitigation techniques, alterations, or solutions to their
568      properties to prevent windstorm losses. A rate filing for
569      residential property insurance must include actuarially
570      reasonable discounts, credits, or other rate differentials, or
571      appropriate reductions in deductibles, for properties on which
572      fixtures or construction techniques demonstrated to reduce the
573      amount of loss in a windstorm have been installed or
574      implemented. The fixtures or construction techniques must
575      include, but are not limited to, fixtures or construction

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         PCB COM 23-04                                                                                        2023




576      techniques that enhance roof strength, roof covering
577      performance, roof-to-wall strength, wall-to-floor-to-foundation
578      strength, opening protection, and window, door, and skylight
579      strength. Credits, discounts, or other rate differentials, or
580      appropriate reductions in deductibles, for fixtures and
581      construction techniques that meet the minimum requirements of
582      the Florida Building Code must be included in the rate filing.
583      The office shall determine the discounts, credits, other rate
584      differentials, and appropriate reductions in deductibles that
585      reflect the full actuarial value of such revaluation, which may
586      be used by insurers in rate filings. Effective July 1, 2023,
587      each insurer subject to the requirements of this section must
588      provide information on the insurer's website describing the
589      hurricane mitigation discounts available to policyholders. Such
590      information must be accessible on, or through a hyperlink
591      located on, the home page of the insurer's website or the
592      primary page of the insurer's website for property insurance
593      policyholders or applicants for such coverage in this state. On
594      or before January 1, 2025, and every 5 years thereafter, the
595      office shall reevaluate and update the fixtures or construction
596      techniques demonstrated to reduce the amount of loss in a
597      windstorm and the discounts, credits, other rate differentials,
598      and appropriate reductions in deductibles that reflect the full
599      actuarial value of such fixtures or construction techniques. The
600      office shall adopt rules and forms necessitated by such

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         PCB COM 23-04                                                                                        2023




601      reevaluation.
602              (3)     A rate filing made on or after July 1, 1995, for
603      mobile home owner insurance must include appropriate discounts,
604      credits, or other rate differentials for mobile homes
605      constructed to comply with American Society of Civil Engineers
606      Standard ANSI/ASCE 7-88, adopted by the United States Department
607      of Housing and Urban Development on July 13, 1994, and that also
608      comply with all applicable tie-down requirements provided by
609      state law.
610              (4)     The Legislature finds that separate consideration and
611      notice of hurricane insurance premiums will assist consumers by
612      providing greater assurance that hurricane premiums are lawful
613      and by providing more complete information regarding the
614      components of property insurance premiums. Effective January 1,
615      1997, A rate filing for residential property insurance shall be
616      separated into two components, rates for hurricane coverage and
617      rates for all other coverages. A premium notice reflecting a
618      rate implemented on the basis of such a filing shall separately
619      indicate the premium for hurricane coverage and the premium for
620      all other coverages.
621              Section 12.           Paragraph (ll) is added to subsection (6) of
622      section 627.351, Florida Statutes, to read:
623              627.351        Insurance risk apportionment plans.—
624              (6)     CITIZENS PROPERTY INSURANCE CORPORATION.—
625              (ll)        The corporation may not determine that a risk is

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         PCB COM 23-04                                                                                        2023




626      ineligible for coverage with the corporation solely because such
627      risk has unrepaired damage caused by a covered loss that is the
628      subject of a claim that is being serviced by the Florida
629      Insurance Guaranty Association. This paragraph applies to a risk
630      until the earlier of 36 months from the date the Florida
631      Insurance Guaranty Association began servicing such claim or the
632      Florida Insurance Guaranty Association closes the claim.
633              Section 13.           Paragraph (a) of subsection (10) of section
634      627.701, Florida Statutes, is amended to read:
635              627.701       Liability of insureds; coinsurance; deductibles.—
636              (10)(a)       Notwithstanding any other provision of law, an
637      insurer issuing a personal lines residential property insurance
638      policy may include in such policy a separate roof deductible
639      that meets all of the following requirements:
640              1.      The insurer has complied with the offer requirements
641      under subsection (7) regarding a deductible applicable to losses
642      from perils other than a hurricane.
643              2.      The roof deductible may not exceed the lesser of 2
644      percent of the Coverage A limit of the policy or 50 percent of
645      the cost to replace the roof.
646              3.      The premium that a policyholder is charged for the
647      policy includes an actuarially sound credit or premium discount
648      for the roof deductible.
649              4.      The roof deductible applies only to a claim adjusted on
650      a replacement cost basis.

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         PCB COM 23-04                                                                                        2023




651              5.      The roof deductible does not apply to any of the
652      following events:
653              a.      A total loss to a primary structure in accordance with
654      the valued policy law under s. 627.702 which is caused by a
655      covered peril.
656              b.      A roof loss resulting from a hurricane as defined in s.
657      627.4025(2)(c).
658              c.      A roof loss resulting from a tree fall or other hazard
659      that damages the roof and punctures the roof deck.
660              d.      A roof loss requiring the repair of less than 50
661      percent of the roof.
662
663      If a roof deductible is applied, no other deductible under the
664      policy may be applied to the loss or to any other loss to the
665      property caused by the same covered peril.
666              Section 14.           Subsection (2) of section 627.70132, Florida
667      Statutes, is amended to read:
668              627.70132         Notice of property insurance claim.—
669              (2)      A claim or reopened claim, but not a supplemental
670      claim, under an insurance policy that provides property
671      insurance, as defined in s. 624.604, including a property
672      insurance policy issued by an eligible surplus lines insurer,
673      for loss or damage caused by any peril is barred unless notice
674      of the claim was given to the insurer in accordance with the
675      terms of the policy within 1 year after the date of loss. A

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         PCB COM 23-04                                                                                        2023




676      supplemental claim is barred unless notice of the supplemental
677      claim was given to the insurer in accordance with the terms of
678      the policy within 18 months after the date of loss. The time
679      limitations of this subsection are tolled during any term of
680      deployment to a combat zone or combat support posting which
681      materially affects the ability of a servicemember as defined in
682      s. 250.01 to file a claim, supplemental claim, or reopened
683      claim.
684              Section 15.           Chapter 2022-271, Laws of Florida, shall not
685      be construed to impair any right under an insurance contract in
686      effect on or before the effective date of that chapter law. To
687      the extent that chapter 2022-271, Laws of Florida, affects a
688      right under an insurance contract, that chapter law applies to
689      an insurance contract issued or renewed after the effective date
690      of that chapter law. This section is intended to clarify
691      existing law and is remedial in nature.
692              Section 16.           For the 2023-2024 fiscal year, five positions
693      with associated salary rate of 325,000 and the sum of $494,774
694      in recurring funds and $23,410 in nonrecurring funds is
695      appropriated from the Insurance Regulatory Trust Fund to the
696      Department of Financial Services to implement this act.
697              Section 17.           For the 2023-2024 fiscal year, 14 positions
698      with associated salary rate of 840,000 and the sum of $1,301,672
699      in recurring funds and $65,548 in nonrecurring funds is
700      appropriated from the Insurance Regulatory Trust Fund to the

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         PCB COM 23-04                                                                                        2023




701      Office of Insurance Regulation to implement this act.
702              Section 18.           This act shall take effect July 1, 2023.




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PCS for CS/HB 677
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 677 Electronic Payment Transactions
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Sellas             Hamon


                                              SUMMARY ANALYSIS
Electronic payments through either a debit card or credit card involve many parties to authorize, settle, and
fund the transaction between customer and merchant. A merchant will pay part of the transaction proceeds to
these parties. This amount is known as a merchant discount fee, and typically amounts to 1-3% of the total
transaction amount. The largest portion of the merchant discount fee is the interchange fee which is a fee
charged by an issuing bank to the merchant bank. The interchange fee allows for card benefits to the
cardholder but also reflects the risk of nonpayment from a cardholder as issuing banks will send out payments
to merchant banks before the cardholder pays the issuing bank.

The bill prohibits the charge of interchange fees on the taxes and tips that are charged paid by a consumer
through an electronic payment transaction. This applies to such transactions paid via debit card, credit card, or
any other payment device and approved through a payment card network. A payment card network can
comply with this prohibition by deducting the tax and tip portion of a transaction before calculating the
interchange fee or by rebating the portion of the interchange fee attributable to taxes and tips.

Violations related to interchange fee amounts are subject to a $1,000 civil penalty per violation. Additionally,
the improper fee amount must be refunded.

The bill also prohibits entities involved in facilitating or processing an electronic payment transaction from
utilizing or exchanging the information collected except to facilitate the electronic payment transaction or as
required by law. Violation of this provision will constitute a violation of the Florida Deceptive and Unfair Trade
Practices Act and is enforceable by the Attorney General or local State Attorneys.

The bill has an indeterminate negative impact on state expenditures and no impact on state revenues and local
government. It also has indeterminate negative impacts on the private sector.

The bill has an effective date of October 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0677.COM
DATE: 4/7/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Background

        Consumer Protection and the Florida Deceptive and Unfair Trade Practices Act

        Generally, consumer protection laws focus on guarding against unfair and predatory trade practices
        that harm, or have the potential to harm, consumers in the marketplace. 1 Certain consumer protection
        laws are codified under ch. 501, F.S., which governs the regulation of trade, commerce, investments,
        and solicitations. It also regulates the sale and advertising of goods, services, and consumer financial
        products, such as credit cards, auto loans, and mortgages in the state. It includes several parts
        providing to consumer protections to Floridians and visitors, such as the Florida Deceptive and Unfair
        Trade Practices Act (FDUTPA),2 the Aftermarket Crash Parts Act,3 the Florida Telemarketing Act,4 the
        Antifreeze Act of 1978,5 and the Patent Troll Prevention Act.6

        FDUTPA protects consumers from deceptive acts that mislead consumers, and protects the consuming
        public and legitimate business enterprises from those who engage in unfair methods of competition, or
        unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce and
        broadly declares unlawful any unfair or deceptive acts or practices committed in the conduct of any
        trade or commerce. FDUTPA provides enforcement authority to either the office of the state attorney or
        to the DLA depending on the circumstances of the violation. 7 The applicable enforcing authority may
        bring an action to obtain a declaratory judgment, to enjoin any violator of FDUTPA, or on behalf of
        consumers or government entities for the actual damages caused by a violator of FDUTPA.8

        Florida Attorney General

        The Attorney General is the chief legal enforcement officer of the State and, absent express legislative
        restriction, may exercise such power and authority as the public interest may require. The Attorney
        General is a member of the Cabinet. As chief legal officer of the State, the Attorney General must be
        noticed in certain proceedings under Florida law and may bring actions on behalf of citizens of the state
        as provided for by law.9

        The Attorney General is also the head of the Department of Legal Affairs (DLA). The DLA is
        responsible for providing all legal services required by any executive department unless otherwise
        provided by law. The Attorney General, however, may authorize other counsel where emergency
        circumstances exist and must authorize other counsel when a conflict of interest exists.

        Electronic Payment Transactions and Interchange Fees

        Even the smallest credit or debit card transactions involve a host of parties that facilitate the exchange
        between the merchant and customer.



1 Georgetown    Law, Consumer Protection, https://www.law.georgetown.edu/your-life-career/career-exploration-
professional-development/for-jd-students/explore-legal-careers/practice-areas/consumer-protection/ (last visited Apr. 7,
2023).
2 Ch. 501, part II, F.S.
3 Ch. 501, part III, F.S.
4 Ch. 501, part IV, F.S.
5 Ch. 501, part V, F.S.
6 Ch. 501, part VII, F.S.
7 s. 501.203(2), F.S.
8 s. 501.207, F.S.
9 See e.g., s. 501.207.
STORAGE NAME: pcs0677.COM                                                                                           PAGE: 2
DATE: 4/7/2023
        These parties include the cardholder, merchant, merchant bank, payment processor, issuing bank, and
        card association.10 In a typical transaction, a cardholder will purchase a good or service from a
        merchant through the use of a credit or debit card. At this time the merchant will send a payment
        authorization request to the merchant’s payment processor who in turn submits the transaction to the
        correct card association.11 The card association will then send this authorization request to the issuing
        bank where the transaction will either be approved or denied. 12 The issuing bank’s response will then
        be sent back to the card association which sends the information to the merchant bank who sends the
        information to the merchant.13

        The parties:
            The cardholder is the buyer in the transaction and has a line of credit or a debit account with an
               issuing bank.
            The merchant is the seller in the transaction and in choosing to accept debit card and credit
               card purchases will partner with a payment processor.
            A payment processor sends payment information to the customer’s card association.
            A card association14 acts as an intermediary between the issuing bank (customer’s bank) and
               the merchant bank as they relay both payment information to the issuing bank and the issuing
               bank’s response to the merchant bank.
            The issuing bank receives purchase information from the card association and either approves
               or denies the transaction. It will inform the card association of its determination. Upon
               determination from the issuing bank for a transaction the card association will inform the
               merchant bank.
            The merchant bank is the bank of the merchant and will inform the merchant of the issuing
               bank’s determination.15

        A credit card transaction is made up of three processes, the authorization process, the settlement
        process, and the funding process.16 The authorization process happens near instantaneously and
        results in either approval or denial.17 The authorization process reflects the issuing bank’s approval or
        denial of a transaction which is then relayed through the card association’s payment network to the
        merchant, as described above.

        The settlement and funding process reflect the movement of funds from the issuing bank to the
        merchant.18 Here, the merchant will send authorized transactions to their payment processor who
        sends this information to the card association, who in turn sends this information to the issuing bank. 19
        The issuing bank then charges the cardholder for the amount of the transaction. 20 At this time the
        issuing bank transfers the transaction amount to the merchant bank, minus the interchange fee.21
        Finally, the merchant bank deposits the transaction amount (minus interchange fees and other service
        fees) into the merchant’s account.22




10 FIS Global, How Credit Card Processing Work s, https://www.fisglobal.com/en/insights/merchant-solutions-

worldpay/article/how-credit-card-processing-works (last visited Mar. 7, 2023).
11 Id.
12 Id.
13 Id.
14 Card associations are also referred to as card networks. Examples of card associations include Visa, Mastercard, and

Discover.
15 Id.
16 Id.
17 This process plays out in full when a debit or credit card is either accepted or rejected at a payment terminal.
18 FIS Global, How Credit Card Processing Work s, https://www.fisglobal.com/en/insights/merchant-solutions-

worldpay/article/how-credit-card-processing-works (last visited Mar. 7, 2023).
19 Id.
20 Id.
21 Id.
22 Id.
STORAGE NAME: pcs0677.COM                                                                                         PAGE: 3
DATE: 4/7/2023
        In a debit or credit card transaction, a merchant will pay a portion of their sales to the various parties
        that facilitate the use of the card. This payment is known as a merchant discount fee and is made of
        three parts; the interchange fee, the acquirer fee, and the network processing fee. 23 The:
              Interchange fee is paid to the issuing bank of the card in the transaction,
              Acquirer fee is paid to the merchant’s bank, and
              Network processing fee is paid to the card association. 24

        The interchange fee is charged against the merchant bank by the issuing bank, but the merchant bank
        will typically pass this cost onto the merchant.25 The default interchange fee amount is set by the card
        association,26 but issuing and merchant banks can negotiate rates that differ from the default amount. 27
        The interchange fee is typically a percentage of the underlying transaction amount, a flat fee, or a
        combination of both.28 Typically, interchange fees will vary from 1-3% of the total transaction amount.29
        Interchange fees cover the cost and risks that issuing banks face in facilitating the transaction as well
        as funding the issuing bank’s cardholder reward programs.30

        In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. An
        amendment to this act, the Durbin Amendment, was adopted which mandated the Federal Reserve
        Board of Governors (the Board) to reduce debit card interchange fees.31 Following this mandate the
        Board issued Regulation II (Debit Card Interchange Fees and Routing) which established a cap on the
        debit card interchange fees certain financial institutions can charge a merchant bank.32 Regulation II
        limited the debit card interchange fee for these financial institutions to a base fee of $0.21, per
        transaction, to cover the issuer’s processing cost, 0.05% of the transaction cost as a fee to cover fraud
        losses, as well as a $0.01 fee, per transaction, to cover fraud prevention costs.33 On average, this
        regulation cut the debit card interchange fee rate in half. 34

        While the Durbin Amendment reduced the interchange fee rate it is unclear what the overall effect was
        on merchants.35 An unintended effect of this bill was that small value transactions, that had been
        charged a reduced rate in order to incentivize debit card adoption amongst merchants, now had their
        rates raised to the maximum amount allowed to offset the amount lost due to reduced fees on large
        value transactions.36 This led to interchange fee cost increasing for merchants with small value
        transactions such as the fast food and delivery service industry. 37 Generally, it is unclear whether the
        Durbin Amendment reduced debit card interchange fee costs on merchants in more than just a limited
        manner.38

23 Electronic Payments Coalition, Overview       of Interchange and its Value,
https://electronicpaymentscoalition.org/resources/overview-of-interc hange-and-its-value/ (last visited Mar. 7, 2023).
24 Id.
25 Testimony from Sarah Bloom Raskin, Governor, Board of Governors of the Federal Reserve System, Testimony

regarding Interchange fees from Feb. 17, 2011,
https://www.federalreserve.gov/newsevents/testimony/raskin20110217a.htm (last visited Mar. 7, 2023).
26 Id.
27 Electronic Payments Coalition, Overview of Interchange and its Value,

https://electronicpaymentscoalition.org/resources/overview-of-interc hange-and-its-value/ (last visited Mar. 7, 2023).
28 Julia Kagan, Interchange Rate: Definition, calculation Factors, Examples ,

https://www.investopedia.com/terms/i/interchange-
rate.asp#:~:text=Interchange%20rates%20are%20set%20by%20credit%20card%20companies%20such% 20as,might%20
set%20their%20rates%20annually. (last visited Mar. 7, 2023).
29 Id.
30 Payment Depot, A Practical Guide to Understanding Interchange Fees, https://paymentdepot.com/blog/interchange-

fees/ (last visited Mar. 7, 2023).
31 Renee Haltom and Zhu Wang, Did the Durbin Amendment Reduce Merchant Costs? Evidence from Survey Results ,

Federal Reserve Bank of Richmond, Dec. 2015, at 1.
32 Id. This restriction applies to financial institutions with more than $10 billion in assets.
33 Id. at 2.
34 Id.
35 Id.
36 Id.
37 Id. at 3.
38 Id. at 2.
STORAGE NAME: pcs0677.COM                                                                                      PAGE: 4
DATE: 4/7/2023
        Effect of the Bill

        The bill prohibits payment card networks from charging interchange fees on tips and fees on taxes
        levied under s. 125.0104 and Chapter 212, F.S.39

        The payment card network must deduct the applicable tip and tax amount from the calculation of the
        interchange fee or rebate the amount attributable to the tip and tax amount. The deduction or rebate
        must occur at the time of the settlement when the merchant submits the relevant tip and tax information
        at the time of sale. If the merchant is unable to transmit the relevant tip and tax information at the time
        of sale, the bill provides a merchant 180 days after the time of sale to submit tip amounts and proof of
        tax amounts to the payment card network for the rebate. The payment card network must rebate the
        amount of interchange fee attributable to the tip and tax amount to the merchant or credit the
        merchant’s settlement account within 30 days of the merchant submitting the proof of the tip and tax
        amount.

        The bill creates a civil penalty of up to $1,000, per violation, for violations of the bill’s requirements. In
        addition, the payment card network must refund the portion of the interchange fee derived from the tip
        and tax portion of the electronic payment transaction.

        The bill also prohibits entities that facilitate or process an electronic payment transaction from utilizing
        or exchanging the information collected except to facilitate the electronic payment transaction or as
        required by law. Violation of this provision will constitute a violation of the Florida Deceptive and Unfair
        Trade Practices Act and is subject to civil actions by the enforcing authority under the Act. 40

        The bill provides an effective date of October 1, 2023.

    B. SECTION DIRECTORY:
        Section 1:      Creates s. 501.0119, F.S., relating to restrictions on electronic payment transactions.

        Section 2:      Provides an effective date of October 1, 2023.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            None.

        2. Expenditures:
            The bill has an indeterminate, negative fiscal impact on DLA for possible enforcement of the bill’s
            requirements.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.


39 Chapter 212, F.S., establishes the tax on sales, use, and other transactions, while s. 125.0104,   F.S., establishes the
tourist development tax.
40 This does not include the private right of action otherwise authorized by FDUPTA.
STORAGE NAME: pcs0677.COM                                                                                              PAGE: 5
DATE: 4/7/2023
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may require the implementation of new point of sale hardware and software and transaction
       processing software by the various participants in the transaction process to implement the bills
       requirements.

   D. FISCAL COMMENTS:
       State and local government, when making purchases or processing payments using credit or debit
       cards will be impacted in the same fashion as the general public.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to require counties or municipalities to spend
          funds or take action requiring the expenditures of funds; reduce the authority that
          counties or municipalities have to raise revenues in the aggregate; or reduce the
          percentage of state tax shared with counties or municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0677.COM                                                                             PAGE: 6
DATE: 4/7/2023
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           PCS for CS/HB 677                                                                                    2023




    1                                          A bill to be entitled
    2              An act relating to electronic payment transactions;
    3              creating s. 501.0119, F.S.; defining terms; requiring
    4              that certain amounts listed on evidences of sales must
    5              be excluded from the amount on which an interchange
    6              fee is charged for that electronic payment
    7              transaction; specifying requirements for payment card
    8              networks in deducting or rebating amounts; requiring
    9              merchants and sellers to provide to payment card
10                 networks proof of certain amounts or sales data within
11                 a specified timeframe under certain circumstances;
12                 specifying requirements for payment card networks if a
13                 merchant or seller is unable to capture and transmit
14                 specified amounts relevant to the sale at the time of
15                 sale; providing a penalty; limiting use of data in
16                 certain circumstances; providing for enforcement;
17                 providing an effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                 Section 1.           Section 501.0119, Florida Statutes, is created
22         to read:
23                 501.0119           Restrictions on Electronic Payment Transactions. —
24                 (1)         As used in this section, the term:
25                 (a)         "Acquirer bank" means a member of a payment card

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        PCS for CS/HB 677                                                                                    2023




26      network which contracts with a merchant for the settlement of
27      electronic payment transactions. An acquirer bank may contract
28      directly with merchants or indirectly through a processor to
29      process electronic payment transactions.
30              (b)         "Authorization" means the process through which a
31      merchant requests approval for an electronic payment transaction
32      from the issuer.
33              (c)         "Clearance" means the process of transmitting final
34      transaction data from a merchant to an issuer for posting to the
35      cardholder's account and the calculation of fees and charges,
36      including interchange fees, which apply to the issuer and
37      merchant.
38              (d)         "Credit card" means a card, plate, coupon book, or
39      other credit device existing for the purpose of obtaining money,
40      property, labor, or services on credit.
41              (e)         "Debit card":
42              1.      Means a card, or other payment code or device, issued
43      or approved for use through a payment card network to debit an
44      asset account, regardless of the purpose for which the account
45      is established, whether authorization is based on a signature, a
46      personal identification number, or other means;
47              2.      Includes a general-use prepaid card, as defined in 15
48      U.S.C. s. 1693l-1; and
49              3.      Excludes paper checks.
50              (f)         "Electronic payment transaction" means a transaction

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        PCS for CS/HB 677                                                                                    2023




51      in which a person uses a debit card, credit card, or other
52      payment code or device issued or approved through a payment card
53      network to debit a deposit account or use a line of credit,
54      whether authorization is based on a signature, a personal
55      identification number, or other means.
56              (g)         “Tip” means a sum of money paid in addition to the
57      payment obligation for the good or service obtained, including,
58      but not limited to, a payment for the benefit one or more
59      individuals who facilitate the provision of a good or service.
60              (h)         "Interchange fee" means a fee established, charged, or
61      received by a payment card network for the purpose of
62      compensating the issuer for its involvement in an electronic
63      payment transaction.
64              (i)         "Issuer" means a person issuing a debit card or credit
65      card or the issuer's agent.
66              (j)         "Merchant" has the same meaning as the term "dealer"
67      in s. 212.06(2).
68              (k)         "Payment card network" means an entity:
69              1.      That directly or through licensed members, processors,
70      or agents provides the proprietary services, infrastructure, and
71      software that route information and data to conduct electronic
72      payment transaction authorization, clearance, and settlement;
73      and
74              2.      That a merchant uses to accept as a form of payment a
75      brand of debit card, credit card, or other device that may be

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         PCS for CS/HB 677                                                                                    2023




 76      used to carry out electronic payment transactions.
 77              (l)         "Processor" means an entity that facilitates,
 78      services, processes, or manages the debit or credit
 79      authorization, billing, transfer, payment procedures, or
 80      settlement with respect to any electronic payment transaction.
 81              (m)         "Settlement" means the process of transmitting sales
 82      information to the issuing bank for collection and reimbursement
 83      of funds to the merchant and calculating and reporting the net
 84      transaction amount to the issuer and merchant for an electronic
 85      payment transaction that is cleared.
 86              (n)         "Tax" means all taxes and fees levied under chapter
 87      212 and s. 125.0104.
 88              (o)         "Tax documentation" means documentation sufficient for
 89      the payment card network to determine the total amount of the
 90      electronic payment transaction and the tax amount of such
 91      transaction. Tax documentation may be related to a single
 92      electronic payment transaction or multiple electronic payment
 93      transactions aggregated over a period of time. Examples of tax
 94      documentation include, but are not limited to, invoices,
 95      receipts, journals, ledgers, and tax returns filed with the
 96      Department of Revenue or local taxing authorities.
 97              (2)         This section does not apply to an electronic payment
 98      transaction in which the tax or tip amount is not separately
 99      stated on the consumer's payment invoice, sales slip, or other
100      evidence of sale as required under s. 212.07(2).

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         PCS for CS/HB 677                                                                                    2023




101              (3)         This section does not create liability for payment
102      card network regarding the accuracy of the tax or tip data
103      reported by the merchant.
104              (4)         Except as provided in subsection (2), an issuer, a
105      payment card network, an acquirer bank, or a processor may not
106      receive or charge the merchant any interchange fees on the tax
107      or tip amount of an electronic payment transaction if the
108      merchant informs the acquirer bank or its designee of such tax
109      or tip amount as part of the authorization process for the
110      electronic payment transaction. A merchant must transmit the tax
111      or tip amount data as part of the authorization process to avoid
112      being charged interchange fees on the tax or tip amount of an
113      electronic payment transaction.
114              (5)         A merchant that does not transmit the tax or tip
115      amount data in accordance with subsection (3) may submit tax
116      documentation or tip amount data for the electronic payment
117      transaction to the acquirer bank or its designee no later than
118      180 days after the date of the electronic payment transaction,
119      and within 30 days, the issuer must credit to the merchant the
120      amount of interchange fees charged on the tax or tip amount of
121      the electronic payment transaction.
122              (6)         An issuer, a payment card network, an acquirer bank, a
123      processor, or other designated entity that has received the tax
124      or tip amount data and violates this section is subject to a
125      civil penalty of $1,000 per electronic payment transaction, and

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         PCS for CS/HB 677                                                                                    2023




126      the issuer must refund the merchant the interchange fee
127      calculated on the tax or tip amount relative to the electronic
128      payment transaction.
129              (7)         An entity involved in facilitating or processing an
130      electronic payment transaction, other than the merchant,
131      including, but not limited to, an issuer, a payment card
132      network, an acquirer bank, or a processor may not distribute,
133      exchange, transfer, disseminate, or utilize the electronic
134      payment transaction data except to facilitate or process the
135      electronic payment transaction or as required by law. A
136      violation of this subsection constitutes a violation of the
137      Florida Deceptive and Unfair Trade Practices Act under part II
138      of this chapter. Notwithstanding s. 501.211, violations must be
139      enforced only by the enforcing authority, as defined in s.
140      501.203(2), and subject the violator to the sanctions and
141      penalties provided for in that part. If such action is
142      successful, the enforcing authority is entitled to reasonable
143      attorney fees and costs.
144              Section 2.         This act shall take effect October 1, 2023.




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                                COMMERCE COMMITTEE

                          PCS for CS/HB 677 by Rep. Caruso
                         Relating to Interchange Fees on Taxes

                                AMENDMENT SUMMARY
                                    April 7, 2023

Amendment 1 by Rep. Tant (Strike-all): The amendment permits any person or entity who
has an annual revenue of $1 million or less and meets certain requirements to be given the
entire amount of the tax due and remitted as a deduction, not to exceed $2,400. This doubles
the allowed deduction. The amendment also changes the “act relating to” clause of the title.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 677     (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Tant offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6          Section 1.    Paragraph (a) of subsection (1) of section
 7     212.12, Florida Statutes, is amended to read:
 8          212.12   Dealer's credit for collecting tax; penalties for
 9     noncompliance; powers of Department of Revenue in dealing with
10     delinquents; rounding; records required.—
11          (1)(a)1.     Except as provided in subparagraph 2., and
12     notwithstanding any other law and for the purpose of
13     compensating persons granting licenses for and the lessors of
14     real and personal property taxed hereunder, for the purpose of
15     compensating dealers in tangible personal property, for the
16     purpose of compensating dealers providing communication services
     PCS for CSHB 677 Strike1
      Published On: 4/7/2023 7:22:41 PM
                                    Page 1 of 3
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 677    (2023)
       Amendment No. 1


17     and taxable services, for the purpose of compensating owners of
18     places where admissions are collected, and for the purpose of
19     compensating remitters of any taxes or fees reported on the same
20     documents utilized for the sales and use tax, as compensation
21     for the keeping of prescribed records, filing timely tax
22     returns, and the proper accounting and remitting of taxes by
23     them, such seller, person, lessor, dealer, owner, or and
24     remitter who files the return required pursuant to s. 212.11
25     only by electronic means and who pays the amount due on such
26     return only by electronic means shall be allowed 2.5 percent of
27     the amount of the tax due, accounted for, and remitted to the
28     department in the form of a deduction. However, if the amount of
29     the tax due and remitted to the department by electronic means
30     for the reporting period exceeds $1,200, an allowance is not
31     allowed for all amounts in excess of $1,200. For purposes of
32     this paragraph, the term "electronic means" has the same meaning
33     as provided in s. 213.755(2)(c).
34          2.   Notwithstanding subparagraph 1., any seller, person,
35     lessor, dealer, owner, or remitter described in subpara graph 1.
36     who has an annual revenue of $1 million or less, who files the
37     return required pursuant to s. 212.11 only by electronic means,
38     and who pays the amount due on such return only by electronic
39     means shall be allowed the entire amount of the tax due,
40     accounted for, and remitted to the department in the form of a
41     deduction. However, if the amount of the tax due and remitted to
     PCS for CSHB 677 Strike1
      Published On: 4/7/2023 7:22:41 PM
                                  Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                         Bill No. PCS for CS/HB 677    (2023)
       Amendment No. 1


42     the department by electronic means for the reporting period
43     exceeds $2,400, an allowance is not allowed for all amounts in
44     excess of $2,400.
45          Section 2.     This act shall take effect October 1, 2023.
46
47             -----------------------------------------------------
48                          T I T L E   A M E N D M E N T
49          Remove everything before the enacting clause and insert:
50                              A bill to be entitled
51     An act relating to credits for tax remittance by electronic
52     means; amending s. 212.12, F.S.; increasing the allowance
53     authorized for the amounts of taxes due, accounted for, and
54     remitted to the Department of Revenue under certain
55     circumstances; providing exceptions; providing an effective
56     date.




     PCS for CSHB 677 Strike1
      Published On: 4/7/2023 7:22:41 PM
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