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Commerce Committee — Meeting Packet (April 24, 2023)

Summary

The Florida House of Representatives Commerce Committee meeting packet is for Monday, April 24, 2023, 12:00 PM - 5:00 PM at Webster Hall. The agenda lists bills for consideration, including HB 451 Valuation of Timeshare Units, HB 1333 on occupational licensing, and PCS for HB 1617 on immigration. The packet includes the staff analysis of HB 451, which says the bill provides that on an appeal of a property appraiser's valuation, the number of resales is deemed adequate if the taxpayer asserts a reasonable number and that is supported by the Uniform Standards of Professional Appraisal Practice. The Revenue Estimating Conference estimates a recurring negative impact on local government property tax revenues of $208.2 million.

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“Commerce Committee — Meeting Packet (April 24, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-04-24-3220-commerce-committee-meeting-packets-fn-com-4-24-23-a07cebdae9/, SHA-256 ee050acb1e572fe24823f6bfa77dc677138b20c4acca78e8d9df50cff136ff82.

Full text

              Commerce Committee
                Monday, April 24, 2023
                  12:00 PM - 5:00 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 24, 2023
                                            12:00 PM – 5:00 PM
                                           Webster Hall (212 Knott)

  I.   Call to Order

 II.   Roll Call

III.   Opening Remarks

IV.    Consideration of the following bill(s):

              •   HB 451 Valuation of Timeshare Units by Fine

              •   CS/HB 1241 Safety Standards for Amusement Rides by Regulatory Reform &
                  Economic Development Subcommittee, Bracy Davis

              •   HB 1333 Interstate-Mobility and Universal-Recognition Occupational Licensing
                  Act by Koster

              •   CS/HB 1383 Specialty Contractors by State Administration & Technology
                  Appropriations Subcommittee, Trabulsy, Mooney

              •   CS/HB 1547 Technology Transparency by Regulatory Reform & Economic
                  Development Subcommittee, McFarland

              •   CS/HB 1549 Pub. Rec./Investigations by the Department of Legal Affairs by
                  Regulatory Reform & Economic Development Subcommittee, McFarland

       Consideration of the following proposed committee bill(s):

              •   PCB COM 23-05 -- Changes in Ownership of or Interest in Pari-mutuel Permits



                    303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                    (850) 717-4870
      Consideration of the following proposed committee substitute(s):

         •   PCS for CS/HB 669 -- Improvements to Real Property

         •   PCS for HB 917 -- Wage and Employment Benefits

         •   PCS for CS/HB 1013 -- Protection from Discrimination Based on Health Care
             Choices

         •   PCS for CS/HB 1015 -- Pub. Rec./Protection from Discrimination Based on
             Health Care Choices

         •   PCS for HB 1617 – Immigration

V.    Closing Remarks

VI.   Adjournment
HB 451
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 451 Valuation of Timeshare Units
SPONSOR(S): Fine
TIED BILLS:       IDEN./SIM. BILLS: SB 1450

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY
                                                                                                         CHIEF

  1) Ways & Means Committee                                   14 Y, 4 N               Berg               Aldridge
  2) Commerce Committee                                                               Fletcher           Hamon

                                                     SUMMARY ANALYSIS

Under Florida law, a property appraiser must first look to the resale market to value timeshare property. If the
property appraiser determines that there is an inadequate number of resales to provide a basis for determining
value, the property appraiser must use the original purchase price of the timeshare and then deduct “usual and
reasonable fees and costs of the sale” to determine value.

The bill provides that upon an appeal of a property appraiser’s valuation of timeshare property, the number of
resales is deemed to be adequate if the taxpayer asserts that there is a reasonable number of resales and
such assertion is supported by the Uniform Standards of Professional Appraisal Practice.

The bill does not have an effect on state government revenues or expenditures. However, the Revenue
Estimating Conference estimates that the bill would have a recurring negative impact on local government
property tax revenues of $208.2 million ($77.5 million school taxes; $130.7 million non-school taxes), beginning
in FY 2023-24. The bill will have an indeterminate positive fiscal impact on the private sector.

The bill is effective July 1, 2023.

This bill may be a county or municipality mandate requiring a two-thirds vote of the membership of the
House. See Section III.A.1 of the analysis.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/23/2023
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

       A. EFFECT OF PROPOSED CHANGES:

           Current Situation

           Timeshares

           A timeshare interest is a form of ownership of real and personal property. 1 In a timeshare, multiple
           parties hold the right to use a condominium unit or a cooperative unit. Each owner of a timeshare
           interest is allotted a period of time during which the owner has the exclusive right to use the property.

           The Florida Vacation Plan and Timesharing Act, ch. 721, F.S., establishes requirements for the
           creation, sale, exchange, promotion, and operation of timeshare plans, including requirements for full
           and fair disclosure to purchasers and prospective purchasers. 2 Chapter 721, F.S., applies to all
           timeshare plans consisting of more than seven timeshare periods over a period of at least three years
           in which the accommodations and facilities are located within this state or offered within this state. 3 Part
           I of ch. 721, F.S., relates to vacation plans and timesharing, and Part II of chapter 721, F.S., relates to
           multisite vacation and timeshare plans that are also known as vacation clubs.

           A timeshare unit is an accommodation of a timeshare plan which is divided into timeshare periods or a
           condominium unit in which timeshare estates have been created. 4

           A “timeshare estate” is a right to occupy a timeshare unit, coupled with a freehold estate or an estate
           for years with a future interest in a timeshare property or a specified portion thereof.5 The term also
           includes an interest in a condominium unit, a cooperative unit, or a trust. Whether the term includes
           both direct and indirect interests in trusts is not specified. An example of an indirect interest in a trust is
           the interest of a trust beneficiary’s spouse or other dependent.

           The “managing entity” for a timeshare property is the person who operates or maintains the timeshare
           plan pursuant to s. 721.13(1), F.S., which defines the managing entity as either the developer, a
           separate manager or management firm, or an owners' association. 6

           Tax Assessments

           Section 192.037, F.S., governs the ad valorem taxation of fee timeshare real property. 7 The managing
           entity responsible for operating and maintaining fee timeshare real property is considered the taxpayer
           as an agent of the timeshare period titleholder.8

           The managing entity responsible for operating and maintaining the timesharing plan and each person
           having a fee interest in a timeshare unit or timeshare period may contest or appeal an ad valorem tax
           assessment in the same manner as other property owners under ch. 194, F.S., which relates to the
           administrative and judicial review of property taxes assessed by the property appraiser. 9


1 See s. 721.05(36), F.S.
2 S. 721.02(2) and (3), F.S.
3 S. 721.03, F.S.
4
    See ss. 721.05(41) and 718.103(26), F.S.
5 S. 721.05(34), F.S.
6 See s. 721.02(22), F.S., defining the term “managing entity.”
7 S. 192.001(14), F.S., defines the term “fee timeshare real property” to mean “the land and buildings and other improvements t o land

that are subject to timeshare interests which are sold as a fee interest in real property.”
8 S. 192.001(15), F.S., defines the term “timeshare period titleholder” to mean “the purchaser of a timeshare period sold as a fee

interest in real property, whether organized under ch. 718, F.S., relating to condominium associations, or ch. 721, F.S, relating to
timeshares and vacation plans.
9 S. 192.037(4), F.S.
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         The managing entity is required to collect and remit the taxes and special assessments due on fee
         timeshare real property. In allocating taxes, special assessments, and common expenses to individual
         timeshare period titleholders, the managing entity must clearly label the portion of any amounts due
         which are attributable to ad valorem taxes and special assessments. 10

         A property appraiser must first look to the resale market for determining the value of timeshare
         property.11 In order for resales to meet the definition of “fair market” value, those resales must
         constitute arms-length transactions.12 If the property appraiser finds an inadequate number of resales
         exists for such a determination, the property appraiser must determine the value by deducting the
         “usual and reasonable fees and costs of the sale” from the original purchase price. 13

         The term “usual and reasonable fees and costs of the sale” for timeshare real property includes all
         marketing costs, atypical financing costs, and those costs attributable to the right of a timeshare unit
         owner or user to participate in an exchange network of resorts. 14 For timeshare real property, the “usual
         and reasonable fees and costs of the sale” is presumed to be 50 percent of the original purchase price,
         but that presumption is rebuttable.15

         Litigation

         The valuation of timeshare properties has been the subject of recent litigation. In Star Island Vacation
         Ownership Ass'n v. Scarborough, 313 So. 3d 1168 (Fla. Dist. Ct. App. 2021), the Fifth District Court of
         Appeals per curium affirmed the ruling of the circuit court that the resale market of timeshares does not
         provide a sufficient basis for obtaining reliable resale data. 16

         In Star Island, the Property Appraiser presented evidence that during the year at issue (2014), out of
         approximately 25,000 total sales of timeshares, only 3,790 were classified as resales. 17 Of those
         resales, approximately 90% were transacted for nominal amounts which removed them from
         consideration for valuation purposes.18 The Property Appraiser also presented evidence that the
         exceedingly large number of resales at nominal amounts reflected significant financial distress in the
         overall market.19 The remaining number of resales constituted less than 1.7% of the total timeshare
         sales market each year.20 When evaluating the sales from the viewpoint of total sales consideration, the
         resale market constituted less than 1% of the total sales of timeshares. 21

         While there were hundreds of developer sales each year that clearly qualified as arms-length
         transactions reflective of just value, the resales showed no consistent trend in pricing, and, accordingly,
         the court agreed with the Property Appraiser that there were not a sufficient number (only 4 resales
         potentially qualified as arms-length transactions) to support an accurate, credible, and reliable value
         conclusion.22 In sum, the court concluded that the resale market does not provide a sufficient basis for
         obtaining reliable sales data.23

         Effect of Proposed Changes

         The bill amends s. 192.037, F.S., to provide that in any tax appeal regarding a timeshare unit, if the
         taxpayer asserts that there are an adequate number of resales to provide a basis for arriving at value

10 S. 192.037(5), F.S.
11 S. 192.037(10), F.S.

12 Star Island v. Scarborough, case no. 2016-CA-1006-OC, 9th Cir. Ct. Fla. 2019.
13 S. 192.037(11), F.S.
14 S. 192.037(11), F.S.
15 S. 192.037(11), F.S.

16 Star Island v. Scarborough, case no. 2016-CA-1006-OC, 9th Cir. Ct. Fla. 2019.
17 Id.
18 Id.
19 Id.
20 Id.
21 Id.
22 Id.
23 Id.
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        conclusions, the number of resales must be considered adequate if the taxpayer provides a reasonable
        number of resales and such number is supported by the most recent standards adopted by the Uniform
        Standards of Professional Appraisal Practice.24

        The bill further provides that this method meets the requirement of just valuation of all property, as
        provided in s. 4, Art. VII of the State Constitution.

         The bill is effective July 1, 2023.

    B. SECTION DIRECTORY:

        Section 1:        Amends s. 192.037, F.S., relating to fee timeshare real property; taxes and
                          assessments; escrow.

        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:

             The Revenue Estimating Conference estimates that the bill would have a recurring negative impact
             on local government property tax revenues of $208.2 million ($77.5 million school taxes; $130.7
             million non-school taxes), beginning in FY 2023-24.

        2. Expenditures:

             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

         Individuals having an interest in a timeshare unit or timeshare period may benefit from a reduction in
         assessed ad valorem taxes.

    D. FISCAL COMMENTS:

         None.

                                                        III. COMMENTS

    A. CONSTITUTIONAL ISSUES:


24 Adopted by Congress in 1989, the Uniform Standards of Professional Appraisal Practice are the generally recognized ethical and

performance standards for the appraisal profession in the United States . See The Appraisal Foundation, What is UPAP?, available at:
https://www.appraisalfoundation.org/imis/TAF/Standards/Appraisal_Standards/Uniform_Standards _of_Professional_Appr
aisal%20Practice/TAF/USPAP.aspx (last visited April 23, 2023).
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         1. Applicability of Municipality/County Mandates Provision:

             The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
             apply because this bill may reduce the authority of cities and counties to raise total aggregate
             revenues. This bill does not appear to qualify under any exemption or exception. If the bill does
             qualify as a mandate, final passage must be approved by two-thirds of the membership of each
             house of the Legislature.

         2. Other:

             The bill provides that the valuation methodology provided for in the bill meets the requirement of
             just valuation of all property, as provided in s. 4, Art. VII of the State Constitution. The authority to
             make this determination vests with the judicial branch of state government.25

    B. RULE-MAKING AUTHORITY:

         None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

         None.

                              IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




25 See Art. V, s. 1., and Art. III, s. 3., Fla. Const.
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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 451                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to valuation of timeshare units;
    3               amending s. 192.037, F.S.; specifying the methodology
    4               by which certain timeshare units must be valued in
    5               certain tax appeals; providing that the methodology
    6               meets the constitutional mandate for just valuation;
    7               providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                  Section 1.        Subsection (12) of section 192.037, Florida
12         Statutes, is renumbered as subsection (13), and a new subsection
13         (12) is added to that section to read:
14                  192.037        Fee timeshare real property; taxes and
15         assessments; escrow.—
16                  (12)        In all tax appeals regarding timeshare units in which
17         the taxpayer asserts that there are an adequate number of
18         resales to provide a basis for arriving at value conclusions,
19         the number of resales shall be considered adequate when a
20         reasonable number of resales are provided by the taxpayer and
21         supported by the most recent standards adopted by the Uniform
22         Standards of Professional Appraisal Practice. This methodology
23         meets the requirement of just valuation of all real estate
24         located in this state, including timeshare units, as recognized
25         by and provided in s. 4, Art. VII of the State Constitution.

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0451-00
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 451                                                                                                2023




26               Section 2.        This act shall take effect July 1, 2023.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0451-00
CS/HB 1241
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     CS/HB 1241 Safety Standards for Amusement Rides
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Bracy Davis and others
TIED BILLS: HB 1243     IDEN./SIM. BILLS: CS/SB 902


  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY
                                                                                                         CHIEF

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

  2) Agriculture & Natural Resources Appropriations           14 Y, 0 N               Byrd               Pigott
     Subcommittee

  3) Commerce Committee                                                               Larkin             Hamon

                                                     SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS) is required to inspect all amusement rides in
Florida, except those at large parks with more than 1,000 employees and inspectors on staff. All temporary
amusement rides are inspected each time they are moved or set up at a new location, and permanent rides
are inspected semiannually. All amusement rides are required to be permitted annually, required to undergo
nondestructive testing for structural integrity, and must have an annual inspection by a professional engineer or
qualified inspector. DACS can investigate accidents, impose sanctions for violations, and close and impound
amusement rides that are a danger to the public.

The bill:
  Renames the act related to safety standards for amusement rides, “The Tyre Sampson Act”.
  Requires permanent amusement rides operated for the first time in this state after a specified date to
     have a ride commissioning and certification report on file with the DACS within a specified timeframe.
  Revises nondestructive testing and affidavit requirements.
  Provides authority for DACS to inspect certain rides that are exempt from inspection, at the request of
     DACS.
  Revises requirements for posting signs relating to rider qualifications.
  Revises the circumstances under which the owner or manager of an amusement ride is required to report
     an accident and under which DACS may impound an amusement ride involved in an accident.
  Authorizes DACS to impound rides with similar operating characteristic to other rides involved in an
     accident investigation.
  Requires DACS to produce a written report of all accident investigations.
  Revises circumstances under which an amusement ride may be considered an immediate serious danger
     to the public.
  Requires that amusement ride owners record maintenance and training data at the time the maintenance
     or training was performed.
  Directs DACS to create rules for operator training/retraining standards

The bill will have an indeterminate negative fiscal impact on DACS.

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: 4/23/2023
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Tyre Sampson

         In March 2022, 14-year-old Tyre Sampson, who was visiting Orlando, Florida with his football team, fell
         to his death from an amusement ride, the 400-foot (122-meter) drop tower ride, operated by Orlando
         Slingshot1. The teenager was described as great athlete, hard worker, a very good and generous
         person, and “a big teddy bear, a gentle giant.”2

         After an investigation, outside engineers reported that sensors on the ride had been adjusted manually
         to double the size of the opening for restraints on two seats, resulting in the teen not being properly
         secured.3 The attendant who strapped Sampson into the ride was newly hired. The ride has since been
         shut down and the company has been fined by the DACS.

         Amusement Ride Inspections

         DACS is required to inspect all amusement rides in Florida, except those at large parks with more than
         1,000 employees and an inspector on staff. The Bureau of Fair Rides Inspection within the department
         is required to inspect, investigate, and enforce the regulations related to amusement rides.4

         Amusement rides regulated in the state of Florida fall into two major groups:
            Temporary amusement rides (those that are regularly relocated with or without assembly);
            Permanent facility amusement rides (those that are not regularly relocated and operate as a
              lasting part of the premises).5

         All temporary amusement rides are inspected each time they are moved or set up at a new location,
         and permanent rides are inspected semiannually. All amusement rides are required to be permitted
         annually, are required to undergo nondestructive testing for structural integrity, and must have an
         annual inspection by a professional engineer or qualified inspector. 6

         DACS also inspects go-kart tracks, water-related amusement rides, and zip-line courses operating in
         the state.7

         In addition, DACS investigates accidents involving amusement rides and has the authority to impose
         sanctions on amusement ride owners for violation of the law. DACS can close and impound
         amusement rides that pose an immediate serious danger to public health, safety, and welfare. 8



         Adoption of Standards

1 Curt Anderson, Florida Amusement Park Where Tyre Sampson Fell to His Death Fined $250,000 , ABC Channel 7, Nov. 22, 2022,

https://www.mysuncoast.com/2022/11/22/florida-amusement-park-where-tyre-sampson-fell-his-death-fined-250000/ (last visited March
22, 2023).
2 CNN, Alisha Eb rahimji, Teen who died at Florida amusement park was a footb all standout and a ‘gentle giant’ with a kind heart , loved

ones say, Mar. 28, 2022, https://www.cnn.com/2022/03/28/us/tyre-sampson-icon-park-teen-death/index.html
3 Id.
4 S. 616.242, F.S.
5 Florida Department of Agriculture and Consumer Services, Fair Rides Inspection, https://fdacs.gov/Business-Services/Fairs/Fair-

Rides-Inspection (last visited March 22, 2023).
6 Id.
7 Id.
8 Id.

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         The DACS is required to adopt by rule standards for amusement rides which are the same as or similar
         to the following national standards:
               American Society for Testing and Materials (ASTM) Committee F-24 Standards on Amusement
                  Rides and Devices;
               National Electric Code Handbook, Article 525;
               National Fire Protection Code 101 (chapters 8-4.6 and 9-4.6);
               ASTM Standards: E543 Practice for Determining the Qualification of Nondestructive Testing
                  Agencies; and
               American Society for Nondestructive Testing (ASNT) Document Recommended Practice for
                  Nondestructive Testing Personnel Qualification and Certification (SNT-TC-1A).9

         DACS is authorized to adopt rules necessary to effectuate its statutory duties in the interest of public
         health, safety, and welfare and to promote patron safety in the design, construction, assembly,
         disassembly, maintenance, and operation of amusement rides in this state. 10

         There are no mandatory national safety standards for U.S. amusement rides, but the amusement ride
         industry has developed safety standards through the ASTM F-24 committee. The ASTM F-24
         committee is responsible for standards related to amusement rides and devices. This includes
         waterslides, inflatables, go-karts, zip lines and challenge courses, trampoline courts, and a growing list
         of commercially-operated amusement experiences.11

         Annual Permits

         Amusement rides may not operate without an annual permit. To apply, an owner must submit to the
         DACS a written application on a form prescribed by department rule, and include:
             The legal name, address, and primary place of business of the owner;
             A description, manufacturer’s name, serial number, model number, and, if previously as signed,
               the United States Amusement Identification Number of the amusement ride;
             A valid certificate of insurance for each amusement ride;
             An affidavit of compliance (AOC) that the amusement ride was inspected and in general
               conformance with the law and applicable rules;
             The AOC must be executed by a professional engineer or a qualified inspector no earlier than
               60 days before, but not later than, the date of filing of the application with DACS;
             The owner is required to request inspection and permitting of the amusement ride within
               60 days of the date of filing the application with DACS;
             DACS is required to inspect and permit the amusement ride within 60 days after the filing of the
               application with DACS;
             If required, an affidavit of nondestructive testing dated and executed no earlier than 60 days
               before, but not later than, the date of the filing of the application with DACS;
             The owner is required to request inspection and permitting of the amusement ride within
               60 days of the date of filing the application with DACS;
             DACS is required to inspect and permit the amusement ride within 60 days after the filing of the
               application with DACS; and
             A request for inspection.12

         Upon request, the owner must, at no cost to DACS, provide DACS with a copy of the manufacturer’s
         current recommended operating instructions in the possession of the owner, the owner’s operating fact



9 S. 616.242(4), F.S.
10 Id.
11 ASTM International, Committee F24 on Amusement Rides and Devices, https://www.astm.org/get-involved/technical-

committees/committee-f24 (last visited March 22, 2023).
12 S. 616.242(5), F.S.

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           sheet, and any written bulletins in the possession of the owner concerning the safety, operation, or
           maintenance of the amusement ride.13

           An annual permit must be issued to the owner when a completed application has been received, the
           amusement ride has passed DACS inspection, and all applicable fees, as set by department rule, 14
           have been paid.15

           The annual permit:
                Is valid for one year from the date of issuance;
                Is not transferable; and
                Must be displayed on the amusement ride in a place that is visible to patrons. 16

           Nondestructive Testing

           Background

           Nondestructive testing is a means by which a person can evaluate the strength and integrity of a device
           without altering or destroying it.17 The purpose of nondestructive testing to make sure that the device is
           safe. The two types of nondestructive testing are visual and nonvisual testing.

           Visual testing is used to look at the device to determine whether there are any signs of corrosion,
           cracks, welding defects, deformation, and so forth.18

           Nonvisual nondestructive testing consists of multiple kinds of methods that evaluate whether a latent
           defect or issue exists.19

           Nondestructive Testing Affidavit

           In order to operate an amusement ride the owner must at all times have a current affidavit of
           nondestructive testing from a professional engineer or qualified inspector. The affidavit provides that
           the amusement ride has undergone nondestructive testing for metal fatigue at least annually.20
           Nondestructive testing must be performed by a technician who meets the national standards for
           amusement rides provided in department rule.21

           Nondestructive testing for metal fatigue must include visual and nonvisual testing and can be
           conducted more often than annually if required by any rule adopted under this section, the
           manufacturer of the amusement ride, or the professional engineer or qualified inspector executing the
           affidavit of nondestructive testing.22

           An affidavit of nondestructive testing must provide:

13
     Id.
14 R. 5J-18.012, F.A.C.
15 S. 616.242(5), F.S.
16 Id.
17
   Nondestructive Testing Overview: A Comprehensive Guide to NDT, Zetec, May 5, 2020,
https://www.zetec.com/resources/nondestructive-testing-overview/ (last visited March 22, 2023); see also, Siim Sild, Non-Destructive
Testing (NDT): Process, Types & Applications, Fractory, Nov. 9, 2022, https://fractory.com/non-destructive-testing/ (last visited March
22, 2023).
18 Siim Sild,Non-Destructive Testing (NDT): Process, Types & Applications, Fractory, Nov. 9, 2022, https://fractory.com/non-destructive-

testing/ (last visited March 22, 2023); see also, Thomas R. Hay, “Non-Destructive Testing (NDT) of Amusement Park Rides.”
TechKnowServ, Feb. 27, 2020, https://www.techknowserv.com/post/non-destructive-testing-ndt-of-amusement-park-rides (last visited
March 22, 2023).
19 Nonvisual nondestructive test methods include ultrasonic testing, eddy-current testing, or magnetic flux leakage testing. Thomas R.

Hay, Non-Destructive Testing (NDT) of Amusement Park Rides, TechKnowServ, Feb. 27, 2020,
https://www.techknowserv.com/post/non-destructive-testing-ndt-of-amusement-park-rides (last visited March 22, 2023).
20 S. 616.242(6), F.S.
21 Id.

22 Id.
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                  That the amusement ride was inspected in person by the affiant;
                  That all nondestructive testing requirements are current;
                  That the nondestructive testing was performed by a qualified nondestructive testing technician.
                  The components of the amusement ride for which the manufacturer has recommended or
                   required nondestructive testing;
                  The type of nondestructive testing required or recommended by the manufacturer;
                  The frequency of the nondestructive testing required or recommended by the manufacturer;
                  The components of the amusement ride for which the affiant has recommended or required
                   nondestructive testing;
                  The type of nondestructive testing required or recommended by the affiant;
                  The frequency of the nondestructive testing as required or recommended by the affiant; and
                  That visual nondestructive testing is adequate for the amusement ride to be in general
                   conformance with the requirements of this section, and all applicable rules, if only visual
                   nondestructive testing is required or recommended by either the manufacturer or the affiant. 23

         Nondestructive testing is not required for:
              Fun houses;
              Houses of mirrors;
              Haunted houses;
              Mazes;
              Wave pools;
              Wave-making devices;
              Kiddie pools;
              Slides that are fully supported by an earthen mound;
              Non-motorized playground equipment that requires a manager; or
              Lazy-river type non-motorized floating carriers propelled by water.24

         Inspections

         In order to obtain an annual permit, amusement rides must be inspected by DACS and receive an
         inspection certificate. In addition, the following requirements must be met:
              Permanent amusement rides must be inspected semiannually and receive an inspection
                 certificate; and
              Temporary amusement rides must be inspected and receive an inspection certificate each time
                 the ride is set up or moved to a new location in this state unless the ride is:
                     o Used at a private event;
                     o A simulator, the capacity of which does not exceed 16 persons; or
                     o A kiddie ride used at a public event, provided that there are no more than three
                          amusement rides at the event, none of the kiddie rides at the event exceeds a capacity
                          of 12 persons, and the ride has an inspection certificate that was issued within the
                          preceding 6 months.25

         To obtain a DACS inspection, the owner must submit a written request on a department prescribed
         form providing the following information:
              The legal name, address, and primary place of business of the owner;
              A description, manufacturer’s name, serial number, model number, and the United States
                Amusement Identification Number, if previously assigned, of the amusement ride; and
              For a temporary amusement ride, for each time the amusement ride is set up or moved to a new
                location, the date of first intended use at the new location and the address or a description of
                the new location.26

23 Id.
24 Id.
25 S. 616.242(5), F.S.
26 Id.

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         For permanent amusement rides, a request for inspection must be received by DACS at least 15 days
         before the:
              Owner’s planned opening date; or
              Expiration of the prior inspection certificate. 27

         For temporary amusement rides, the request for inspection must be received by DACS each time the
         amusement ride is set up or moved to a new location at least 14 days before the date of first intended
         use at the new location.28

         In both cases, if the request for inspection is received late, DACS is authorized to inspect the
         amusement ride and charge a late fee. In addition, if the owner fails to timely cancel a Request for
         Inspection, requests holiday or weekend inspections, or is required to have a replacement United
         States Amusement ID Program (USAID) plate issued by DACS, then the owner may be charged an
         appropriate fee.29

         Inspections are assigned on a first come, first served basis, and overflow requests will be scheduled on
         the closest date to the date for which the inspection was requested. Upon failure of an amusement ride
         to pass an inspection, the owner may request in writing a re-inspection. DACS is required to re-inspect
         the ride as soon as practical following receipt of the written request and applicable re-inspection fees. 30

         Upon passage of inspection and payment of the applicable fee, DACS must issue an inspection
         certificate containing the following information:
              Date of inspection;
              Site of the inspection; and
              Name of the inspector.31

         Inspection certificates are valid only for the site stated on the certificate, for a period of not more than
         6 months from the date of issuance. They are not transferable and must be displayed on the
         amusement ride at a place readily visible to patrons.32

         Fees

         DACS is required by rule to establish fees to cover the costs and expenditures associated with the fair
         rides inspection program, including all direct and indirect costs. If there is not sufficient general revenue
         appropriated by the Legislature, the industry is required to pay for the remaining cost of the program.33

         Fees must be deposited in the General Inspection Trust Fund. Any owner of an amusement ride who
         has not paid all the fees required under this section or who has any unpaid fine outstanding under this
         section, are prohibited from operating any amusement ride in this state until the fees and fines have
         been paid to DACS.34

         DACS has adopted the following fees:35
                                                                                   Permanent Temporary
                                     Type of Fee
                                                                                      Ride      Ride
         Annual permit fee for each kiddie amusement ride                          $300      $150
         Annual permit fee for each non-kiddie amusement ride                      $400      $200

27 Id.
28 S. 616.242(6), F.S.
29 S. 616.242(8)(d), F.S.
30 S. 616.242(8)(b)-(c), F.S.
31 Id.
32 Id.
33 S. 616.242(9), F.S.
34 Id.
35 R. 5J-18.012, F.A.C.

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         Annual permit fee for each super amusement ride                       $600          $300
         Inspection fee per go kart, in addition to the track inspection fee   $10           $10
         Reinspection fee (return to site)                                     $500          $500
         Reinspection fee (return on-site)                                     $100          $100
         Fee to replace a lost U.S. Amusement Identification (USAID) plate     $100          $100
         Fee per amusement ride for late inspection request                    $100          $100
         Fee per amusement ride for failure to cancel inspection request       $100          $100
         Additional fee per amusement ride for inspection on weekend or        $75           $75
         state holiday
         Inspection fee per harness, in addition to the ropes course/zipline   $5            $5
         permit fee

         In order to obtain a permit to operate an amusement ride in Florida, the ride owner must obtain injury
         liability insurance in the following amounts:
               One million dollars minimum per occurrence; and
               One million dollars in the aggregate.36

         The policies must be procured from an insurer that is:
             Licensed to transact business in this state; or
             Approved as a surplus lines insurer.37

         The insurance requirements do not apply to a governmental entity that is covered by the provisions of
         s. 768.28(16), F.S., which authorizes the state and its agencies and subdivisions to:
              Be self-insured;
              Enter into risk management programs;
              Purchase liability insurance for whatever coverage they may choose; or
              Have any combination thereof.38

         Exemptions

         The regulations 39 related to amusement rides do not apply to the following:
             Permanent facilities that employ at least 1,000 full-time employees and that maintain full-time,
                in-house safety inspectors;
             Any playground operated by a school, local government, or business licensed under
                chapter 509, F.S., if the playground is an incidental amenity and the operating entity is not
                primarily engaged in providing amusement, pleasure, thrills, or excitement;
             Museums or other institutions principally devoted to the exhibition of products of agriculture,
                industry, education, science, religion, or the arts;
             Conventions or trade shows for the sale or exhibit of amusement rides if there are a minimum of
                15 amusement rides on display or exhibition, and if any operation of such amusement rides is
                limited to the registered attendees of the convention or trade show;
             Skating rinks, arcades, laser or paint ball war games, bowling alleys, miniature golf courses,
                mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle
                boats, airboats, helicopters, airplanes, parasails, hot air or helium balloons whether tethered or
                untethered, theatres, batting cages, stationary spring-mounted fixtures, rider-propelled merry-
                go-rounds, games, side shows, live animal rides, or live animal shows;
             Go-karts operated in competitive sporting events if participation is not open to the public;
             Non-motorized playground equipment that is not required to have a manager;




36 S. 616.242(10), F.S.
37 Id.
38 Id.
39 S. 616.242, F.S. does not apply to these exemptions.

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                 Coin-actuated amusement rides designed to be operated by depositing coins, tokens, credit
                  cards, debit cards, bills, or other cash money and which are not required to have a manager,
                  and which have a capacity of six persons or less;
                 Motorsports facilities described in s. 549.09(1)(a), F.S., when such facilities are operating cars,
                  trucks, or motorcycles only;
                 Battery-powered cars or other vehicles that are designed to be operated by children seven
                  years of age or under and that cannot exceed a speed of four miles per hour;
                 Mechanically driven vehicles that pull train cars, carts, wagons, or other similar vehicles, that
                  are not confined to a metal track or confined to an area but are steered by an operator and do
                  not exceed a speed of 4 miles per hour;
                 Water-related amusement rides operated by a business licensed under chapter 509, F.S., if the
                  water-related amusement ride is an incidental amenity and the operating business is not
                  primarily engaged in providing amusement, pleasure, thrills, or excitement and does not offer
                  day rates;
                 Amusement rides at a private, membership-only facility if the amusement ride is an incidental
                  amenity and the facility is not open to the general public; is not primarily engaged in providing
                  amusement, pleasure, thrills, or excitement; and does not offer day rates; and
                 Nonprofit permanent facilities registered under ch. 496, F.S., which are not open to the general
                  public.40

         DACS is authorized to establish by rule exemptions from the regulations on amusement rides for “non-
         motorized or human-powered amusement rides or coin-actuated amusement rides.”41

         Inspection Standards

         Amusement rides are required to adhere to the following inspection standards:
            All mechanical, structural, and electrical components that affect patron safety must be in good
              working order.
            All control devices, speed-limiting devices, brakes, and safety equipment designated by the
              manufacturer must be in good working order.
            Parts must be properly aligned and not be bent, distorted, cut, or otherwise injured to force a fit.
              Parts requiring lubrication must be lubricated in the course of assembly. Fastening and locking
              devices must be installed where required for safe operation.
            Before being used by the public, an amusement ride must be placed or secured with blocking,
              cribbing, outriggers, guys, or other means so as to be stable under all operating conditions.
            Areas in which patrons may be endangered by the operation of an amusement ride must be
              fenced, barricaded, or otherwise effectively guarded against inadvertent contact.
            Machinery used in or with an amusement ride must be enclosed, barricaded, or otherwise
              effectively guarded against inadvertent contact.
            An amusement ride powered so as to be capable of exceeding its maximum safe operating
              speed must be provided with a maximum-speed-limiting device.
            The interior and exterior parts of all patron-carrying amusement rides with which a patron may
              come in contact must be smooth and rounded and free from sharp, rough, or splintered edges
              and corners, with no projecting studs, bolts, screws, or other projections which might cause
              injury.
            Signs that advise or warn patrons of age restrictions, size restrictions, health restrictions, weight
              limitations, or any other special consideration or use restrictions required or recommended for
              the amusement ride by the manufacturer must be prominently displayed at the patron entrance
              of each amusement ride.
            All amusement rides must comply with the section of law governing amusement rides and
              related rules.42


40 S. 616.242(11), F.S.
41 Id.
42 S. 616.242(12), F.S.

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         Major Modifications

         After an amusement ride has undergone a major modification, and prior to the time it is placed in
         operation, a Florida Licensed professional engineer must certify that the amusement ride is in
         compliance with the entire section of law governing amusement ride safety, and all related rules. 43

         Entry for Inspections

         Authorized DACS employees may enter unannounced and inspect amusement rides at any time in a
         reasonable manner and DACS is authorized to impose fees for unannounced inspections and recover
         the cost of related tests.44 DACS employees are authorized to:
              Question any owner or manager;
              Inspect, investigate, photograph, and sample all pertinent places, areas, and devices; and
              Conduct all appropriate tests including nondestructive testing. 45

         Reporting and Investigating Accidents and Defects

         Accidents that the owner or manager have knowledge or, through the exercise of reasonable diligence
         should have knowledge, and for which a patron is transported to a hospital as defined in ch. 395, F.S.,
         must be reported by the owner or manager to DACS. Such reporting must be conducted by telephone
         within four hours after the accident and followed up with a written report to DACS within 24 hours after
         the accident.

         Any mechanical, structural, or electrical defects affecting patron safety for which an amusement ride is
         closed to patron use for more than four hours must be reported by the owner or manager to DACS by
         telephone or facsimile within eight hours after the closing of the ride. A written report of the closing must
         be filed by the owner or manager with DACS within 24 hours after the ride closes.

         Impounding Amusement Rides

         DACS is authorized to impound amusement rides that have:
            Been involved in an accident for which a patron is transported to a hospital as defined in
             ch. 395, F.S.;
            A mechanical, structural, or electrical defect affecting patron safety.

         In cases of impoundment, DACS is authorized to impound any other amusement ride of a similar make
         and model and perform all necessary tests to determine the cause of the accident, defect, or safety of
         the ride and any other ride of a similar make and model. The ride owners are responsible for the cost of
         impoundment and relating testing.46

         Owner/Manager Inspections

         Prior to opening each day of operation, and before any inspection by DACS, the owner or manager of
         an amusement ride is required to inspect and test the ride to ensure compliance with all requirements
         of the law governing amusement rides. Each inspection must be recorded on a form prescribed by
         department rule and signed by the person who conducted the inspection. 47

         In lieu of using the department form, an owner or manager may request approval of an alternative form,
         which must include at least the information required on the department form. Inspection records of the
         last 14 daily inspections must be:
               Kept on site by the owner or manager; and

43 S. 616.242(13), F.S.
44 Id.
45 S. 616.242(14), F.S.
46 S. 616.242(15), F.S.
47 S. 616.242(16), F.S.

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                 Made immediately available to DACS upon request. 48

         Employee Training

         Owners or managers of amusement rides are required to:
            Maintain a record of employee training for each employee who is authorized to operate,
               assemble, disassemble, transport, or conduct maintenance on an amusement ride; and
            Certify that each employee is trained on the amusement ride for which the employee is
               responsible.49

         The training record must be kept on site by the owner or manager and made immediately available to
         DACS upon request. In lieu of using the department form, the owner or manager may request approval
         of an alternative form.50

         Training is prohibited when an amusement ride is open to the public, unless the training is conducted
         under the supervision of an employee who is trained in the operation of that ride. 51

         Enforcement and Penalties

         DACS has the authority to deny, suspend for up to one year, or revoke any permit or inspection
         certificate. In addition, DACS may impose an administrative fine pursuant to s. 570.971, F.S., not to
         exceed $10,000 per violation, for each day the violation exists, against the owner of the amusement
         ride if DACS finds that an amusement ride has operated or is operating:
              With a mechanical, structural, or electrical defect that affects patron safety, of which the owner
                  or manger has knowledge, or, through the exercise of reasonable diligence, should have
                  knowledge;
              In a manner or circumstance that presents a risk of serious injury to patrons;
              At a speed in excess of its maximum safe operating speed;
              In violation of department rules or state law; or
              In violation of an order of DACS or any court.
              A manager in the course of his or her duties is under the influence of drugs or alcohol. 52

         DACS is required, in its order suspending a permit or inspection certificate, to specify the period during
         which the suspension is effective, which may not exceed one year. The permit or inspection certificate
         must remain suspended during the period, subject to any rescission or modification of the order by the
         department or modification or reversal by the court, prior to expiration of the suspension period.53

         The owner of an amusement ride whose permit or inspection certificate has been revoked by DACS
         may not apply for another permit or inspection certificate for the amusement ride within 2 years after the
         date of the revocation. If judicial review is sought and a stay of the revocation is obtained, the owner
         may not apply for another permit or inspection certificate within 2 years after the final order of the court
         sustaining the revocation.54

         During the period of suspension or revocation, the owner may not engage in or attempt to engage in
         any operation of the amusement ride for which a permit or inspection certificate is required. 55

         When a DACS -imposed suspension period has expired, the owner may reapply for a new permit or
         inspection certificate by submitting a complete application to DACS.56

48 Id.
49 S. 616.242(17), F.S.
50 Id.
51 Id.
52 S. 616.242(21), F.S.
53 Id.
54 Id.
55 Id.

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         In addition, and notwithstanding the existence of any adequate remedy at law, DACS is authorized to
         bring an action to enjoin the violation of any provision, or rules adopted, under this section, in the circuit
         court of the county in which the violation occurs or is about to occur. Upon competent and substantial
         evidence presented by DACS, the court is required to immediately issue the temporary or permanent
         injunction sought by DACS without bond.57

         In addition to the penalties, DACS is authorized to issue a letter of warning to the owner of the ride
         specifying the violation and requiring immediate corrective action. 58

         Any person who knowingly violates any of the provisions of the regulations governing amusement rides
         commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or
         s. 775.083, F.S.59

         Consumer Product Safety Commission

         The Consumer Product Safety Commission (Commission) is charged with protecting the public from
         unreasonable risks of injury or death associated with the use of the thousands of types of consumer
         products under the Commission’s jurisdiction. The Consumer Product Safety Act (Act) 60 authorizes the
         Commission to investigate serious accidents involving portable carnival rides, inflatables, and go-karts.
         Amusement rides operated at permanent parks (“permanently fixed to a site”) are exempt from
         compliance with the Act.61

         Ride manufacturers or owner/operators are required to notify the Commission if they obtain information
         which reasonably supports the conclusion that a portable amusement ride, inflatable device, go-kart or
         other non-exempt amusement device:
              Fails to comply with a consumer product safety standard or banning regulation established by
                the omission or a voluntary consumer product safety standard upon which the Commission has
                relied under section 9 of the Act;62
              Contains a defect which could create a substantial product hazard described in section 15(a)(2)
                of the Act;63 or
              Creates an unreasonable risk of serious injury or death.64

         The Commission does not provide for an inspection program.


         Other States

         According to a consumer safety organization, Safeparks.org, the research of amusement ride laws in
         50 states found the following:65

                                 Degree of Oversight                                        Number of States




56 Id.
57 Id.
58 Id.
59 Id.
60 15 U.S.C. ch. 47 § 2051 et seq.
61 “Consumer Product Safety Commission.” RidesDatabase, https://ridesdatabase.org/regulations/united-states/ (last visited March 23,

2023); see also, 15 U.S.C.A. § 2065 (2008).
62 See, 15 U.S.C. § 2058 (2008).
63 See, 15 U.S.C. § 2064.
64 15 U.S.C. § 2064(b)(4).
65 Safeparks, U.S. Federal and State Amusement Ride Regulation, https://ridesdatabase.org/saferparks/u-s-regulatory-agencies/ (last

visited March 22, 2023)
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                  Comprehensive Government Oversight                                 20 States
                                                                                     (Including
                                                                                     Florida)
                  Partial Government Oversight                                       12 States
                  Private Sector Oversight                                           9 States
                  No State Agency with Jurisdiction                                  8 States
                  Electrical Inspections Only                                        1 State

       Effect of Bill

       The bill, titled the Tyre Sampson Act, amends ch. 616, F.S. relating to the regulation of amusement
       rides. The bill amends the definition of “major modification” and provides a definition for “ride
       commissioning and certification report.”

       The bill provides new requirements for permanent and temporary amusement rides and requires, for
       each permanent or temporary amusement rides operated, for the first time after July 1, 2023, to have a
       ride commissioning and certification report on file with DACS before the ride’s first inspection and a
       permit is issued.

       The bill provides exemptions for temporary amusement rides from required permit to include previously
       permitted rides at private events and kiddie rides at public events not to exceed three amusement rides .
       The bill permits DACS to inspect certain rides that are exempt from inspection upon request.

       The bill requires nonvisual nondestructive testing to be used when it cannot be adequately evaluated by
       other means and the type of nondestructive testing or recommended by affiant to include the
       manufacturer’s requirements and recommendations. If there are no additional nondestructive testing it
       is required to be affirmed that the manufacturer’s requirements are sufficient for safe operation.

       The bill creates new reporting requirements for an affidavit of nondestructive testing. The affidavit of
       nondestructive testing must include the following statement:
           The ride is in conformance with the requirements of statute and applicable department rules,
               and
           Whether the amusement ride went under a major modification, the name of the person who
               authorized modification and the date modification took place.

       The bill permits DACS to immediately remove amusement ride from service if unsafe conditions are
       found.

       The bill requires that the proper positioning, measurements, and demonstration of proper patron
       loading procedures related to patron safety restraint systems of an amusement ride must be provided
       to the department upon request.

       The bill provides that if rider restrictions are not provided from manufacturer, the owner or manager
       must provide DACS with documentation from manufacturer stating that such restrictions are not
       necessary for safe operation.

       The bill permits DACS to prepare a written report of each investigation it conducts. The bill also
       changes the accident reporting requirements for owners and managers following an accident and
       changes the parameters in which DACS is permitted to impound an amusement ride involved in an
       accident. DACS must establish by rule minimum training and retraining standards and the frequency of
       employee training for all amusement rides. The bill also creates the requirement that the owner or
       manager of an amusement ride shall immediately document all training following each training session.

       The bill provides an effective date of July 1, 2023.
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      B. SECTION DIRECTORY:
           Section 1: Names the title of the Act.
           Section 2: Amends s. 616.242 relating to certification reports, permit applications, temporary ride
           exemptions, nondestructive testing, inspections and reports; reporting for accidents involving medical
           treatment; impoundment of ride, DACS rules, and employee training.
           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 has a negative fiscal impact due to a number of regulatory changes and requirements for
              amusement rides to operate in the State of Florida. DACS estimates it will require 18 additional full-
              time equivalent positions, $1,409,949 in recurring funds and $791,204 in nonrecurring funds to
              implement the bill.66 The House proposed General Appropriations Act (GAA) provides four (4) full-
              time equivalent positions, $320,176 in recurring funds and $185,064 in nonrecurring funds for this
              regulatory program. Additional resources will be addressed in the Fiscal Year 2023-2024 GAA.

      B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
              None.

           2. Expenditures:
              None.

      C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           Additional costs may be incurred by new ride operators to produce a ride commissioning report. This
           cost could vary greatly depending on the complexity of the ride. Also, the additional nondestructive
           testing requirements may result in increased costs associated with the inspection by a professional
           engineer executing the affidavit.67

      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

66 Department of Agriculture and Consumer Services, Agency Analysis of 2023 House Bill CS 1241, p. 3 (April 6, 2023).
67   Id.
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         to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill instructs DACS to create rules for operator training/retraining standards.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 29, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one
   amendment and reported the bill favorably as a committee substitute. The committee substitute:
       Removes and modifies provisions to lessen the fiscal impact on DACS.
       Removes duplicative provisions.

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




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DATE: 4/23/2023
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 1241                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to safety standards for amusement
    3              rides; providing a short title; amending s. 616.242,
    4              F.S.; defining and redefining terms; requiring
    5              permanent amusement rides operated for the first time
    6              in this state after a specified date to have a ride
    7              commissioning and certification report on file with
    8              the Department of Agriculture and Consumer Services
    9              within a specified timeframe; revising the application
10                 requirements for permanent and temporary amusement
11                 ride permits; exempting from permit requirements
12                 temporary amusement rides that meet certain
13                 conditions; revising the annual nondestructive testing
14                 requirements for amusement rides; requiring nonvisual
15                 nondestructive testing to be used in certain
16                 circumstances; revising the affidavit requirements for
17                 nondestructive testing; requiring the department to
18                 remove an amusement ride from service and take
19                 appropriate administrative actions under certain
20                 circumstances; removing an inspection exemption for
21                 temporary amusement rides; authorizing the department
22                 to conduct certain inspections upon request; revising
23                 amusement ride inspection standards; revising the
24                 reasons for which the department is authorized to
25                 enter and inspect amusement rides; requiring the

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        CS/HB 1241                                                                                           2023




26              department to prepare a written report of each
27              investigation it conducts; revising the circumstances
28              under which the owner or manager of an amusement ride
29              is required to report an accident and under which the
30              department may impound an amusement ride involved in
31              an accident; requiring daily owner or manager
32              amusement ride inspections to be recorded at the time
33              of inspection; requiring the department to establish
34              by rule minimum amusement ride training and retraining
35              standards; revising training requirements; revising
36              circumstances under which an amusement ride may be
37              considered an immediate serious danger to the public;
38              providing an effective date.
39
40              WHEREAS, on March 24, 2022, Tyre Sampson, a 14-year-old boy
41      visiting this state from Missouri, fell to his death from the
42      Eagle Drop Tower in Orlando, and
43              WHEREAS, after the accident, Department of Agriculture and
44      Consumer Services inspectors performed multiple onsite
45      inspections of the tower and its components and contracted with
46      a third party to conduct a failure analysis assessment of the
47      tower, and
48              WHEREAS, the investigators concluded that changes made to
49      the ride by the ride operators after initial installation
50      contributed to Tyre Sampson's death, and

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        CS/HB 1241                                                                                           2023




51              WHEREAS, the proposed changes made by this act are
52      necessary to address the safety problems discovered during the
53      department's investigation, NOW, THEREFORE,
54
55      Be It Enacted by the Legislature of the State of Florida:
56
57              Section 1.         This act may be cited as the "Tyre Sampson
58      Act."
59              Section 2.         Paragraphs (r) through (u) of subsection (3) of
60      section 616.242, Florida Statutes, are redesignated as
61      paragraphs (s) through (v), respectively, paragraph (h) of
62      subsection (3), paragraph (b) of subsection (5), paragraph (b)
63      and present paragraph (f) of subsection (6), subsection (7),
64      paragraph (a) of subsection (8), paragraph (b) of sub section
65      (11), subsections (12) and (14), paragraphs (a) and (c) of
66      subsection (15), and subsections (16), (17), and (19) of that
67      section are amended, and a new paragraph (r) is added to
68      subsection (3) and a new paragraph (f) is added to subsection
69      (6) of that section, to read:
70              616.242        Safety standards for amusement rides.—
71              (3)         DEFINITIONS.—As used in this section, the term:
72              (h)         "Major modification" means any change in the
73      structural characteristics, or operational characteristics, or
74      safety systems of an amusement ride which will alter its
75      performance or settings from those that specified in the

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         CS/HB 1241                                                                                           2023




 76      manufacturer's design criteria or operator's manual.
 77              (r)         "Ride commissioning and certification report" means a
 78      commissioning and certification report by the ride manufacturer
 79      which certifies that the ride has been designed and manufactured
 80      in conformance with the manufacturer's design criteria,
 81      standards referenced in this section, and rules adopted by the
 82      department.
 83              (5)         PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
 84              (b)         To apply for an annual permit, an owner or manager
 85      must submit to the department a written application on a form
 86      prescribed by department rule, which must include all of the
 87      following:
 88              1.      The legal name, address, e-mail address, and primary
 89      place of business of the owner or manager, as applicable.
 90              2.      A description, manufacturer's name, serial number,
 91      model number, and, if previously assigned, the United States
 92      Amusement Identification Number of the amusement ride.
 93              3.      A valid certificate of insurance for each amusement
 94      ride.
 95              4.      If required under subsection (7), An annual affidavit
 96      of compliance and nondestructive testing certifying that the
 97      amusement ride was inspected in person by the affiant and that
 98      the amusement ride is in general conformance with the
 99      requirements of this section and all applicable department
100      rules. The affidavit must have been executed by a professional

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         CS/HB 1241                                                                                           2023




101      engineer or a qualified inspector within the last calendar year.
102              5.      The owner or manager shall, At no cost to the
103      department, provide the department an electronic copy of the
104      manufacturer's current recommended operating instructions, the
105      owner's operating fact sheet, and any written bulletins
106      concerning the safety, operation, or maintenance of the
107      amusement ride.
108              6.      Beginning July 1, 2023, a ride commissioning and
109      certification report for each permanent amusement ride operated
110      for the first time in this state after July 1, 2023.
111              (6)         TEMPORARY AMUSEMENT RIDE PERMIT.—
112              (b)         To apply for a permit, an owner or manager must submit
113      to the department a written application on a form prescribed by
114      department rule. The written application, which must include all
115      of the following:
116              1.      The legal name, address, e-mail address, and primary
117      place of business of the owner or manager, as applicable.
118              2.      A description, manufacturer's name, serial number,
119      model number, and, if previously assigned, the United States
120      Amusement Identification Number of the amusement ride.
121              3.      A valid certificate of insurance for each amusement
122      ride.
123              4.      If required under subsection (7), An affidavit of
124      compliance and nondestructive testing certifying that the
125      amusement ride was inspected in person by the affiant and that

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         CS/HB 1241                                                                                           2023




126      the amusement ride is in general conformance with the
127      requirements of this section and all applicable department
128      rules. The affidavit must be executed by a professional engineer
129      or a qualified inspector.
130              5.      The owner or manager shall, At no cost to the
131      department, provide the department an electronic copy of the
132      manufacturer's current recommended operating instructions, the
133      operating fact sheet, and any written bulletins concerning the
134      safety, operation, or maintenance of the amusement ride.
135              (f)         A temporary amusement ride is exempt from the required
136      permit if it is:
137              1.      Used at a private event and was issued a permit within
138      the preceding 6 months; or
139              2.      A kiddie ride used at a public event, provided that not
140      more than three amusement rides are at the event, the kiddie
141      rides at the event do not exceed a capacity of 12 persons, and
142      the kiddie ride passed a department inspection and was issued a
143      permit within the preceding 6 months. Unless the capacity of the
144      ride has been determined and specified by the manufacturer, the
145      department shall determine the capacity of the kiddie ride by
146      rule. An owner or a manager of a kiddie ride operating under
147      this exemption is responsible for ensuring that not more than
148      three amusement rides are operated at the event.
149              (g)(f)        The permit must be displayed in an accessible
150      location on the amusement ride.

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         CS/HB 1241                                                                                           2023




151              (7)         NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS. —
152              (a)         Except as provided in paragraph (d), An owner or
153      manager may not operate an amusement ride unless the owner or
154      manager at all times has a current affidavit of nondestruc tive
155      testing from a professional engineer or qualified inspector that
156      the amusement ride has undergone nondestructive testing to
157      verify the integrity of all components for metal fatigue at
158      least annually. The nondestructive testing for metal fatigue
159      must be conducted more often than annually if required by any
160      rule adopted under this section, by the manufacturer of the
161      amusement ride, or by the professional engineer or qualified
162      inspector executing the affidavit of nondestructive testing. The
163      nondestructive testing for metal fatigue must consist at least
164      of visual nondestructive testing, as well as nonvisual
165      nondestructive testing for metal fatigue, which must be
166      conducted on the components of the amusement ride as required by
167      any rule adopted under this section, by the manufacturer of the
168      amusement ride, or by the professional engineer or qualified
169      inspector executing the affidavit of nondestructive testing.
170              (b)         Nonvisual nondestructive testing must be used to
171      verify the integrity of components that, due to their design,
172      location, installation, or a combination thereof, cannot be
173      adequately evaluated by other means.
174              (c)(b)        Nondestructive testing testings must be performed
175      by a technician who meets the requirements prescribed by

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         CS/HB 1241                                                                                           2023




176      department rule.
177              (d)(c)       An affidavit of nondestructive testing, on a form
178      prescribed by department rule, must state, at a minimum, all of
179      the following:
180              1.      That the amusement ride was inspected in person by the
181      affiant.
182              2.      That all of the manufacturer's nondestructive testing
183      requirements and recommendations are current.
184              3.      That the nondestructive testing was performed by a
185      qualified nondestructive testing technician.
186              4.      The components of the amusement ride for which the
187      manufacturer has recommended or required nondestructive testing.
188              5.      The type of nondestructive testing required or
189      recommended by the manufacturer.
190              6.      The frequency of the nondestructive testing required or
191      recommended by the manufacturer.
192              7.      The components of the amusement ride for which the
193      affiant, in addition to the manufacturer's requirements and
194      recommendations, has recommended or required nondestructive
195      testing.
196              8.      The type of nondestructive testing required or
197      recommended by the affiant in addition to the manufacturer's
198      requirements and recommendations. If the affiant does not
199      require or recommend additional nondestructive testing, the
200      affiant must affirm that the manufacturer's requirements are

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         CS/HB 1241                                                                                           2023




201      sufficient for the safe operation of the amusement ride .
202              9.      The frequency of the nondestructive testing as required
203      or recommended by the affiant.
204              10.         That visual nondestructive testing is adequate for the
205      amusement ride to be in general conformance with the
206      requirements of this section and all applicable rules, only if
207      only visual nondestructive testing is required or recommended by
208      the manufacturer or the affiant.
209              11.         That the amusement ride is in conformance with the
210      requirements of this section and all applicable department
211      rules.
212              12.         Whether the amusement ride has undergone a major
213      modification and, if so, the name of the manager, owner, or
214      operator who authorized the modification and the date the
215      modification took place.
216              13.         That the amusement ride and its components are in
217      conformance with the service life specified by the manufacturer.
218              (e)(d)        Nonvisual nondestructive testing is not required
219      for fun houses, houses of mirrors, haunted houses, mazes, wave
220      pools, wave-making devices, kiddie pools, slides that are fully
221      supported by an earthen mound, nonmotorized playground equipment
222      that requires a manager, or lazy-river-type nonmotorized
223      floating carriers propelled by water.
224              (8)         DEPARTMENT INSPECTIONS.—
225              (a)         In order to obtain an annual or a temporary amusement

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         CS/HB 1241                                                                                           2023




226      ride permit, an amusement ride must be inspected by the
227      department.
228              1.      A temporary amusement ride is exempt from the required
229      inspection if it is:
230              a.      Used at a private event;
231              b.      A simulator, the capacity of which does not exceed 16
232      persons; or
233              c.      A kiddie ride used at a public event, provided that not
234      more than three amusement rides are at the event, the kiddie
235      rides at the event do not exceed a capacity of 12 persons, and
236      the kiddie ride passed a department inspection and was issued a
237      permit within the preceding 6 months. The capacity of a kiddie
238      ride shall be determined by department rule, unless the capacity
239      of the ride has been determined and specified by the
240      manufacturer. Any owner or manager of a kiddie ride operating
241      under this exemption is responsible for ensuring that not more
242      than three amusement rides are operated at the event.
243              2.      The department shall inspect permanent amusement rides
244      6 months after the issuance of the annual permit. The required
245      inspection may be waived for a permanent amusement ride if it
246      was inspected and certified by an accredited trade organization
247      as defined by department rule.
248              (11)        EXEMPTIONS.—
249              (b)         All of the following are exempt from subsections (5),
250      (6), (8), and (9), but may be inspected by the department upon

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         CS/HB 1241                                                                                           2023




251      request, following a complaint or pursuant to an accident that
252      is required to be reported under subsection (15), and such
253      exemption may be removed if the exempted amusement ride is found
254      to have been operating in a manner or circumstance that presents
255      a risk or resulted in a serious injury to patrons:
256              1.      Museums or other institutions principally devoted to
257      the exhibition of products of agriculture, industry, education,
258      science, religion, or the arts.
259              2.      Conventions or trade shows for the sale or exhibit of
260      amusement rides if there are a minimum of 15 amusement rides on
261      display or exhibition and if any operation of such amusement
262      rides is limited to the registered attendees of the convention
263      or trade show.
264              3.      Nonmotorized playground equipment that is not requir ed
265      to have a manager.
266              4.      Coin-actuated amusement rides designed to be operated
267      by depositing coins, tokens, credit cards, debit cards, bills,
268      or other cash money and which are not required to have a
269      manager, and which have a capacity of six persons or le ss.
270              5.      Facilities described in s. 549.09(1)(a) when such
271      facilities are operating cars, trucks, or motorcycles only.
272              6.      Battery-powered cars or other vehicles that are
273      designed to be operated by children 7 years of age or under and
274      that cannot exceed a speed of 4 miles per hour.
275              7.      Mechanically driven vehicles that pull train cars,

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         CS/HB 1241                                                                                           2023




276      carts, wagons, or other similar vehicles, that are not confined
277      to a metal track or confined to an area but are steered by an
278      operator and do not exceed a speed of 4 miles per hour.
279              8.      A water-related amusement ride operated by a business
280      licensed under chapter 509 if the water-related amusement ride
281      is an incidental amenity and the operating business is not
282      primarily engaged in providing amusement, pleasure, thrills, or
283      excitement and does not offer day rates.
284              9.      An amusement ride at a private, membership-only
285      facility if the amusement ride is an incidental amenity and the
286      facility is not open to the general public; is not primarily
287      engaged in providing amusement, pleasure, thrills, or
288      excitement; and does not offer day rates.
289              10.         A nonprofit permanent facility registered under
290      chapter 496 which is not open to the general public.
291              (12)        INSPECTION STANDARDS.—An amusement ride must conform
292      to all of the following standards:
293              (a)         All mechanical, structural, and electrical components
294      that affect patron safety must be in good working order.
295              (b)         All control devices, speed-limiting devices, brakes,
296      and safety equipment must be in good working order.
297              (c)         Parts must be properly aligned and may not be bent,
298      distorted, cut, or otherwise injured to force a fit. Parts
299      requiring lubrication must be lubricated in the course of
300      assembly. Fastening and locking devices must be installed when

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         CS/HB 1241                                                                                           2023




301      required for safe operation.
302              (d)         The proper positioning, measurements, and
303      demonstration of proper patron loading procedures related to
304      patron safety restraint systems must be provided to the
305      department upon request.
306              (e)(d)        An amusement ride must be placed or secured with
307      blocking, cribbing, outriggers, guys, or other means so as to be
308      stable under all operating conditions.
309              (f)(e)        Areas in which patrons may be endangered by the
310      operation of an amusement ride must be fenced, barricaded, or
311      otherwise effectively guarded against inadvertent contact.
312              (g)(f)        Machinery used in or with an amusement ride must be
313      enclosed, barricaded, or otherwise effectively guarded against
314      inadvertent contact.
315              (h)(g)        An amusement ride powered so as to be capable of
316      exceeding its maximum safe operating speed must be provided with
317      a maximum-speed-limiting device.
318              (i)(h)        The interior and exterior parts of all patron-
319      carrying amusement rides with which a patron may come in contact
320      must be smooth and rounded and free from sharp, rough, or
321      splintered edges and corners, and from projecting studs, bolts,
322      and screws or other projections that might cause injury.
323              (j)(i)        Signs that advise or warn patrons of age
324      restrictions, size restrictions, health restrictions, weight
325      limitations, or any other special consideration or use

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         CS/HB 1241                                                                                           2023




326      restrictions, or lack thereof, required or recommended for the
327      amusement ride by the manufacturer must be prominently displayed
328      at the patron entrance of each amusement ride. If such rider
329      restrictions are not provided by the manufacturer, the owner or
330      manager must provide the department with documentation from the
331      manufacturer or a licensed professional engineer stating that
332      such rider restrictions are not necessary for the safe operation
333      of the amusement ride.
334              (k)(j)        All amusement rides presented for inspection as
335      ready for operation or in operation must comply with this
336      section and department rule.
337              (l)(k)        A sign containing the toll-free number of the
338      department and informing patrons that they may contact the
339      department with complaints or concerns regarding the safe
340      operation of amusement rides must be posted in a manner
341      conspicuous to the public at each entrance of an a temporary
342      amusement ride facility. The department shall prescribe by rule
343      specifications for such signs.
344              (14)        ENTRY FOR INSPECTION OR INVESTIGATION.—
345              (a)         Upon presentation of identification, an authorized
346      employee of the department may enter unannounced and inspect
347      amusement rides at any time and in a reasonable manner and has
348      the right to question any owner, operator, or manager; to
349      inspect, investigate, photograph, and sample all pertinent
350      places, areas, and devices and review required documentation;

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         CS/HB 1241                                                                                           2023




351      and to conduct or have conducted all appropriate tests,
352      including nondestructive testing. The department may impose fees
353      for unannounced inspections and recover the cost of tests
354      authorized by this subsection.
355              (b)         The department shall prepare a written report of each
356      investigation it conducts.
357              (15)        REPORTING AND INVESTIGATION OF ACCIDENTS AND DEFECTS;
358      IMPOUNDMENTS.—
359              (a)         Any accident of which the owner or manager has
360      knowledge or, through the exercise of reasonable diligence
361      should have knowledge, and for which a patron seeks treatment at
362      is transported to a hospital or an urgent care center, as those
363      terms are defined in chapter 395, must be reported by the owner
364      or manager to the department by telephone within 4 hours after
365      the occurrence of the accident or after notification by the
366      patron and must be followed up by a written report to the
367      department within 24 hours after the occurrence of the accident
368      or after notification by the patron.
369              (c)         The department may impound an amusement ride involved
370      in an accident for which a patron seeks treatment at is
371      transported to a hospital or an urgent care center as those
372      terms are defined in chapter 395 or which has a mechanical,
373      structural, or electrical defect affecting patron safety; may
374      impound any other amusement ride of a similar make and model or
375      with similar operating characteristics; and may perform all

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         CS/HB 1241                                                                                           2023




376      necessary tests to determine the cause of the accident or the
377      mechanical, structural, or electrical defect or to determine the
378      safety of the amusement ride and any other amusement ride of a
379      similar make and model or with similar operating
380      characteristics. The cost of impounding the amusement ride and
381      performing the necessary tests must be borne by the owner of the
382      amusement ride.
383              (16)        INSPECTION BY OWNER OR MANAGER.—Before opening on
384      each day of operation and before any inspection by the
385      department, the owner or manager of an amusement ride must
386      inspect and test each amusement ride to ensure compliance with
387      this section. Each inspection must be recorded at the time of
388      inspection on a form prescribed by department rule and signed by
389      the person who conducted the inspection. In lieu of the form
390      prescribed by department rule, the owner or manager may request
391      approval of an alternative form that includes, at a minimum, the
392      information required on the form prescribed by department rule.
393      Inspection records of the last 14 daily inspections must be kept
394      on site by the owner or manager and made immediately available
395      to the department upon request.
396              (17)        TRAINING OF EMPLOYEES.—
397              (a)         The department shall establish by rule minimum
398      training and retraining standards and the frequency of employee
399      training for all amusement rides.
400              (b)         The owner or manager of an amusement ride shall

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         CS/HB 1241                                                                                           2023




401      maintain a record of employee training for each employee
402      authorized to operate, assemble, disassemble, transport, or
403      conduct maintenance on an amusement ride on a form prescribed by
404      department rule. In lieu of the form prescribed by department
405      rule, the owner or manager may request approval of an
406      alternative form that includes, at a minimum, the information
407      required on the form prescribed by department rule. The training
408      record must be kept on site by the owner or manager and made
409      immediately available to the department upon request. Training
410      may not be conducted when an amusement ride is open to the
411      public unless the training is conducted under the supervision of
412      an employee who is trained in the operation of that ride. The
413      owner or manager shall immediately document all training
414      following each training session and certify that each employee
415      is trained, as required by this section and any rules adopted
416      thereunder, on the amusement ride for which the employee is
417      responsible.
418              (19)        IMMEDIATE FINAL ORDERS.—
419              (a)         An amusement ride that fails to meet the requirements
420      of this section or pass the inspections required by this
421      section; that is involved in an accident for which a patron
422      seeks treatment at is transported to a hospital or an urgent
423      care center as those terms are defined in chapter 395; or that
424      has a mechanical, structural, or electrical defect that affects
425      patron safety may be considered an immediate serious danger to

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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 1241                                                                                           2023




426      the public health, safety, and welfare and, upon issuance of an
427      immediate final order prohibiting patron use of the ride, may
428      not be operated for patron use until it has passed a subsequent
429      inspection by or at the direction of the department.
430              (b)         An amusement ride of a similar make and model or with
431      similar operating characteristics to an amusement ride described
432      in paragraph (a) may be considered an immediate serious danger
433      to the public health, safety, and welfare and, upon issuance of
434      an immediate final order prohibiting patron use of the ride, may
435      not be operated for patron use until it has passed a subsequent
436      inspection by or at the direction of the department.
437              Section 3.         This act shall take effect July 1, 2023.




                                                      Page 18 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb1241-01-c1
                                COMMERCE COMMITTEE

                           CS/HB 1241 by Rep. Bracy Davis
                        Safety Standards for Amusement Rides

                                AMENDMENT SUMMARY
                                    April 24, 2023


Amendment 1 by Rep. Botana (lines 157-217):
  • Clarifies that nondestructive testing needs to be done as recommended or specified by
     the manufacturer.
  • Clarifies that the service life of the ride and its components must be checked to
     determine whether the ride and its parts are in conformance, if the service life is
     provided by the manufacturer.

Amendment 2 by Rep. Botana (lines 305-333):
  • Clarifies that certain procedures related to patron safety restraint systems must be
     provided to the department upon request if such procedures are provided by the
     manufacturer.
  • Removes a bill provision that would have required an owner or manager to take certain
     steps even if an amusement ride manufacturer did not provide rider restrictions for the
     safe operation of the ride.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1241     (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 Botana offered the following:
 3
 4          Amendment
 5          Remove lines 157-217 and insert:
 6     verify the integrity of all components that are recommended or
 7     specified by the manufacturer or metal fatigue at least annually.
 8     The nondestructive testing for metal fatigue must be conducted
 9     more often than annually if required by any rule adopted under
10     this section, by the manufacturer of the amusement ride, or by
11     the professional engineer or qualified inspector executing the
12     affidavit of nondestructive testing. The nondestructive testing
13     for metal fatigue must consist at least of visual nondestructive
14     testing, as well as nonvisual nondestructive testing for metal
15     fatigue, which must be conducted on the components of the
16     amusement ride as required by any rule adopted under this
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                                     Page 1 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1241    (2023)
       Amendment No.1


17     section, by the manufacturer of the amusement ride, or by the
18     professional engineer or qualified inspector executing the
19     affidavit of nondestructive testing.
20          (b) When specified by the manufacturer, nonvisual
21     nondestructive testing must be used to verify the integrity of
22     components that, due to their design, location, installation, or
23     a combination thereof, cannot be adequately evaluated by other
24     means.
25          (c)(b)   Nondestructive testing testings must be performed
26     by a technician who meets the requirements prescribed by
27     department rule.
28          (d)(c)   An affidavit of nondestructive testing, on a form
29     prescribed by department rule, must state, at a minimum, all of
30     the following:
31          1.    That the amusement ride was inspected in person by the
32     affiant.
33          2.    That all of the manufacturer's nondestructive testing
34     requirements and recommendations are current.
35          3.    That the nondestructive testing was performed by a
36     qualified nondestructive testing technician.
37          4.    The components of the amusement ride for which the
38     manufacturer has recommended or required nondestructive testing.
39          5.    The type of nondestructive testing required or
40     recommended by the manufacturer.


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                                     Page 2 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1241    (2023)
       Amendment No.1


41          6.    The frequency of the nondestructive testing required or
42     recommended by the manufacturer.
43          7.    The components of the amusement ride for which the
44     affiant, in addition to the manufacturer's requirements and
45     recommendations, has recommended or required nondestructive
46     testing.
47          8.    The type of nondestructive testing required or
48     recommended by the affiant in addition to the manufacturer's
49     requirements and recommendations. If the affiant does not
50     require or recommend additional nondestructive testing, the
51     affiant must affirm that the manufacturer's requirements are
52     sufficient for the safe operation of the amusement ride .
53          9.    The frequency of the nondestructive testing as required
54     or recommended by the affiant.
55          10.    That visual nondestructive testing is adequate for the
56     amusement ride to be in general conformance with the
57     requirements of this section and all applicable rules, only if
58     only visual nondestructive testing is required or recommended by
59     the manufacturer or the affiant.
60          11.    That the amusement ride is in conformance with the
61     requirements of this section and all applicable department
62     rules.
63          12.    Whether the amusement ride has undergone a major
64     modification and, if so, the name of the manager, owner, or


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                                     Page 3 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1241   (2023)
       Amendment No.1


65     operator who authorized the modification and the date the
66     modification took place.
67          13.   That the amusement ride and its components are in
68     conformance with the service life, if the manufacturer has
69     provided a service life for such ride and its components.
70




     651637 - hb1241-line 157.docx
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                                     Page 4 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1241     (2023)
       Amendment No.2




            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 Botana offered the following:
 3
 4          Amendment
 5          Remove lines 305-333 and insert:
 6     department upon request if provided by the manufacturer.
 7          (e)(d)   An amusement ride must be placed or secured with
 8     blocking, cribbing, outriggers, guys, or other means so as to be
 9     stable under all operating conditions.
10          (f)(e)   Areas in which patrons may be endangered by the
11     operation of an amusement ride must be fenced, barricaded, or
12     otherwise effectively guarded against inadvertent contact.
13          (g)(f)   Machinery used in or with an amusement ride must be
14     enclosed, barricaded, or otherwise effectively guarded against
15     inadvertent contact.


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                                     Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1241   (2023)
       Amendment No.2


16          (h)(g)   An amusement ride powered so as to be capable of
17     exceeding its maximum safe operating speed must be provided with
18     a maximum-speed-limiting device.
19          (i)(h)   The interior and exterior parts of all patron-
20     carrying amusement rides with which a patron may come in contact
21     must be smooth and rounded and free from sharp, rough, or
22     splintered edges and corners, and from projecting studs, bolts,
23     and screws or other projections that might cause injury.
24          (j)(i)   Signs that advise or warn patrons of age
25     restrictions, size restrictions, health restrictions, weight
26     limitations, or any other special consideration or use
27     restrictions, or lack thereof, required or recommended for the
28     amusement ride by the manufacturer must be prominently displayed
29     at the patron entrance of each amusement ride.




     313239 - hb1241-line 305.docx
      Published On: 4/23/2023 7:16:13 PM
                                     Page 2 of 2
HB 1333
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 1333 Interstate-Mobility and Universal-Recognition Occupational Licensing Act
SPONSOR(S): Koster, Maney, Salzman
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 1364


  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY
                                                                                                         CHIEF

  1) Regulatory Reform & Economic Development                 11 Y, 0 N               Wright             Anstead
     Subcommittee

  2) State Administration & Technology                        15 Y, 0 N               Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Wright             Hamon


                                              SUMMARY ANALYSIS
An occupational or professional license is a form of government regulation that requires individuals to obtain
authorization in order to perform certain types of work, such as nurses, contractors, and cosmetologists.
Florida’s Sunrise Act prohibits state regulation of occupations and professions that unnecessarily restrict entry
into the profession or occupation and the Act requires that any regulation only be adopted if it is necessary to
protect the health, safety, and welfare of the public.

The bill requires Florida licensing boards that issue occupational licenses or government certifications to
individuals under ch. 455, F.S., relating to the regulations of professions by the Department of Business and
Professional Regulation (DBPR), or ch. 456, F.S., relating to the regulation of professions by the Department of
Health (DOH), to issue an occupational license or government certification (universal license) to eligible
applicants, under certain circumstances (universal licensing requirement).

Applicants may seek a universal license through one of three pathways described in the bill. An applicant from
another state is automatically approved under the universal licensing scheme if:
    The applicant is licensed by another licensing entity or state;
    The applicant has certain work experience in another state or in the military; or
    The applicant has a private certification with work experience in a non-licensing state or the military.

The bill provides that an applicant with a valid occupational license or certification in good standing, or who
otherwise meets the requirements for an occupational license for a lawful occupation, is presumed to be
qualified for the license and must be issued an occupational license or government certification by the
appropriate Florida licensing board.

The bill provides that during a declared state of emergency, the Governor may order the recognition of
occupational licenses from outside Florida or from a foreign country as if the licenses were issued in Florida,
may expand any occupation license scope of practice, and authorize licensees to provide services in Florida in
person, telephonically, or by other means for the duration of the emergency.

The bill will have an indeterminate fiscal impact on state and local governments. 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 .
STORAGE NAME: h1333d.COM
DATE: 4/23/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Occupational Licensing

         An occupational or professional license is a form of government regulation that requires individuals who
         want to perform certain types of work, such as nurses, contractors, and cosmetologists, to obtain
         governmental authorization to work in a specific field.1

         An estimated 23.5 percent of the civilian labor force nationwide has an occupational license. 2 Various
         governmental entities and agencies in Florida license and regulate such individuals practicing in a wide
         range of professions, including:3
             Department of Business and Professional Regulation (DBPR),
             Department of Health (DOH),
             Department of Financial Services (DFS),
             Department of Agriculture and Consumer Services (DACS),
             Florida Supreme Court (FSC),
             Department of Environmental Protection (DEP),
             Agency for Healthcare Administration (AHCA),
             Department of Children and Families (DCF),
             Department of Elder Affairs (DEA),
             Department of Highway Safety and Motor Vehicles (DHSMV), and
             Office of Financial Regulation (OFR).

         In the 1950s, less than five percent of U.S. workers were required to have a license to do their jobs.
         Since then, the number of U.S. workers required to have a license has risen five-fold to more than one-
         quarter, with most of these workers being licensed by states. Almost two-thirds of this change stems
         from an increase in the number of professions that require a license. The number of licensed workers is
         even higher in Florida, with an estimated 28.7 percent of the workforce being licensed by the state. 4

         In 2015, the White House published a report on the current state of occupational licensing in the nation.
         The report found that when designed and implemented carefully, requiring occupational licenses offers
         important health and safety protections to consumers as well as benefits to workers. However, the
         report also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there
         is evidence that the current license regime in the U.S. raises the price of goods and services, restricts
         employment opportunities, and makes it more difficult for workers to take their skills across state lines. 5

         The report stated that because occupations are diverse in their tasks, designing and implementing
         successful occupational license regulations often requires a tailored approach. However, there are a
         number of common factors that policymakers should consider when contemplating enacting, revising,
         or repealing an occupational regulation. Policymakers should: 6
              Ensure that restrictions are closely targeted to protecting public health and safety, and are not
                overly burdensome;
              Facilitate a careful consideration of licensure’s costs and benefits; and

1 The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)

https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf (last visited on Mar 20, 2023).
2 Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey, 2021 , Certification and licensing status of the

civilian noninstitutional population 16 years and over by employment status (bls.gov), (last visited on Mar. 20, 2023).
3 Chs. 20, 25, F.S.
4 White House supra note 1 at 3 & 24.
5 Id.
6 Id. at 41-43
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                     Work to reduce licensing’s barriers to mobility.

          Policymakers can facilitate a careful consideration of licensure costs and benefits through both sunrise
          and sunset reviews. However, evidence suggests that sunrise reviews are more successful at limiting
          the growth of licensing since removing a license is much more difficult than enacting one. Additionally,
          state regulators suggested that sunrise reviews may be more effective than sunset reviews. 7

          Sunrise Review

          Generally, a sunrise review is a formal process where a legislature scrutinizes legislation proposing to
          regulate an unregulated profession or occupation by requiring a cost-benefit analysis before the
          legislation is enacted. Most sunrise reviews require the proponents of the regulation to outline the
          potential impacts, costs, and benefits of the proposed regulation. Some states require the proponents
          of the regulation to provide certain information to a legislative committee or a state agency for analysis
          and evaluation, which is then provided to the legislature. Policymakers can review the information
          provided before moving forward with the legislation.8

          Currently 14 states, including Florida, have sunrise reviews.9 However, states vary widely in how
          independently and thoroughly they administer sunrise reviews. Colorado requires proponents of
          regulation to submit the proposed regulation along with the potential impacts, costs, and benefits to the
          Colorado Department of Regulatory Agencies for analysis and evaluation. 10 Minnesota requires
          proponents of regulation to file a report outlining the regulation’s potential impacts, costs, and benefits
          with the legislature within 15 days of the bill being introduced.11 Maine requires sunrise reviews for
          legislation regulating an unregulated profession or occupation and legislation that substantially expands
          regulation of an already regulated profession or occupation. 12 Florida currently requires proponents of
          regulation to file information about the regulation’s potential impacts, costs, and benefits upon
          request.13

          Florida’s Sunrise Act

          Section 11.62, F.S., is Florida’s sunrise review, which is called the Sunrise Act. The Sunrise Act states
          that regulation should not be adopted unless it is:
               Necessary to protect the public health, safety, or welfare from significant and discernible harm
                  or damage;
               Exercised only to the extent necessary to prevent the harm; and
               Limited so as not to unnecessarily restrict entry into the practice of the profession or adversely
                  affect public access to the professional services.

          In determining whether to regulate a profession or occupation, the Sunrise Act requires the Legislature
          to consider the following:
               Whether the unregulated practice of the profession or occupation will substantially harm or
                  endanger the public health, safety, or welfare, and whether the potential for harm is
                  recognizable and not remote;
               Whether the practice of the profession or occupation requires specialized skill or training and
                  whether that skill or training is readily measurable or quantifiable so that examination or training
                  requirements would reasonably assure initial and continuing professional or occupational ability;


7 Id. at 42, 48-49.
8 Id. at 48; Iris Hentze, Improving Occupational Licensing with Sunrise and Sunset Reviews, National Conference of State

Legislatures, (July 2018), https://www.ncsl.org/labor-and-employment/sunset-and-sunrise (last visited Mar. 20, 2023); Council on
Licensure & Regulation, Sunrise, Sunset and State Agency Audits, https://clear.wildapricot.org/page-486181 (last visited Mar. 20,
2023).
9 Council on Licensure & Regulation supra note 5.
10 Colo. Rev. Stat. § 24-34-104.1.
11 Minn. Stat. § 214.002.
12 ME. Rev. Stat. Ann. Tit. 32-1A, § 60-J.
13 S. 11.62(4), F.S.
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              Whether the regulation will have an unreasonable effect on job creation or job retention in the
               state or will place unreasonable restrictions on the ability of individuals who seek to practice or
               who are practicing a given profession or occupation to find employment;
              Whether the public is or can be effectively protected by other means; and
              Whether the overall cost-effectiveness and economic impact of the proposed regulation,
               including the indirect costs to consumers, will be favorable.

       The Sunrise Act requires proponents of legislation that propose new regulation on professions or
       occupations to provide the following information, upon request, by the agency proposed to have
       jurisdiction or the legislative committee to which the legislation is referred, to document the need for
       regulation:
             The number of individuals or businesses that would be subject to the regulation;
             The name of each association that represents members of the profession or occupation,
                together with a copy of its codes of ethics or conduct;
             Documentation of the nature and extent of the harm to the public caused by the unregulated
                practice of the profession or occupation, including a description of any complaints that have
                been lodged against persons who have practiced the profession or occupation in this state
                during the preceding three years;
             A list of states that regulate the profession or occupation, and the dates of enactment of each
                law providing for such regulation and a copy of each law;
             A list and description of state and federal laws that have been enacted to protect the public with
                respect to the profession or occupation and a statement of the reasons why these laws have not
                proven adequate to protect the public;
             A description of the voluntary efforts made by members of the profession or occupation to
                protect the public and a statement of the reasons why these efforts are not adequate to protect
                the public;
             A copy of any federal legislation mandating regulation;
             An explanation of the reasons why other types of less restrictive regulation would not effectively
                protect the public;
             The cost, availability, and appropriateness of training and examination requirements;
             The cost of regulation, including the indirect cost to consumers, and the method proposed to
                finance the regulation;
             The cost imposed on applicants or practitioners or on employers of applicants or practitioners as
                a result of the regulation;
             The details of any previous efforts in this state to implement regulation of the profession or
                occupation; and
             Any other information the agency or the committee considers relevant to the analysis of the
                proposed legislation.

       The Sunrise Act requires the agency proposed to have jurisdiction over the regulation to provide the
       Legislature with the following information:
           The resources required to implement and enforce the regulation;
           The technical sufficiency of the proposal, including its consistency with the regulation of other
               professions; and
           Any alternatives that may result in less restrictive or more cost-effective regulation.

       In determining whether to recommend regulation, the legislative committee reviewing the proposal must
       assess whether the proposed regulation is:
            Justified based on the statutory criteria and the information provided by both the proponents of
               regulation and the agency responsible for its implementation;
            The least restrictive and most cost-effective regulatory scheme necessary to protect the public;
               and
            Technically sufficient and consistent with the regulation of other professions under existing law.

       Department of Business and Professional Regulation

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          The Florida Department of Business and Professional Regulation (DBPR), through 11 divisions,
          regulates and licenses businesses and professionals in Florida. The divisions established under DBPR
          include:
              • The Division of Administration;
              • The Division of Alcoholic Beverages and Tobacco;
              • The Division of Certified Public Accounting;
              • The Division of Drugs, Devices, and Cosmetics;
              • The Division of Florida Condominiums, Timeshares, and Mobile Homes;
              • The Division of Hotels and Restaurants;
              • The Division of Professions;
              • The Division of Real Estate;
              • The Division of Regulation;
              • The Division of Technology; and
              • The Division of Service Operations.14

          The Division of Professions (Professions) licenses and regulates more than 434,000 professionals
          through the following professional boards and programs:
              • Board of Architecture and Interior Design,
              • Asbestos Licensing Unit,
              • Athlete Agents,
              • Board of Auctioneers,
              • Barbers’ Board,
              • Building Code Administrators and Inspectors Board,
              • Regulatory Council of Community Association Managers,
              • Construction Industry Licensing Board,
              • Board of Cosmetology,
              • Electrical Contractors’ Licensing Board,
              • Board of Employee Leasing Companies,
              • Home Inspectors,
              • Board of Landscape Architecture,
              • Mold-Related Services,
              • Board of Pilot Commissioners,
              • Board of Professional Geologists,
              • Talent Agencies,
              • Board of Veterinary Medicine, and
              • Florida Board of Professional Engineers.15

          The Division of Regulation is the enforcement authority for the Florida Athletic Commission, Farm Labor
          Program, Child Labor Program, and any professional boards and programs housed within
          Professions.16 To ensure compliance with applicable laws and rules by those professions and related
          businesses, the division investigates complaints, utilizes compliance mechanisms, and performs
          inspections.17

          The Division of Certified Public Accounting is responsible for the regulation of certified public
          accountants and accounting firms in the state.18

          The Division of Real Estate is responsible for the regulation of real estate sales associates, brokers,
          and appraisers, in conjunction with the Florida Real Estate Commission and the Florida Real Estate
          Appraisal Board.19

14 s. 20.165,   F.S.
15 Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/dbpr/pro/

index.html (last visited Feb. 20, 2017).
16 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers.
17 Florida Department of Business and Professional Regulation, Division of Regulation,

http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last visited Mar. 12, 2023).
18 S. 473.3035, F.S.; Florida Department of Business and Professional Regulation, Certified Public Accounting, Certified Public

Accounting – MyFloridaLicense.com (last visited Mar. 12, 2023).
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         Each profession is governed by an individual practice act and by ch. 455, F.S., which provides the
         general powers of DBPR and sets forth the procedural and administrative framework for all of the
         professional boards housed under DBPR.20 Chapter 455, F.S., applies to the regulation of professions
         constituting “any activity, occupation, profession, or vocation regulated by DBPR in the Divisions of
         Certified Public Accounting, Professions, Real Estate, and Regulation.” 21

         In Fiscal Year 2021-2022, DBPR’s Division of Professions had 937,960 active licensees (of which
         38,541 were licensed accountants; 66,936 were licensed engineers, and 345,026 were real estate-
         related licensees).22 Such licenses have statutory procedures in places to allow out-of-state licensees
         to obtain a Florida license.

         In 2020, HB 1193,23 an omnibus license deregulation bill, was enacted, which instituted greater license
         portability measures for the following DBPR licenses:
              Veterinarians,
              Construction contractors,
              Electrical contractors,
              Landscape architects,
              Geologists,
              Professional engineers,
              Certified public accountants,
              Home inspectors,
              Building code professionals,
              Cosmetologists, and
              Barbers.

         Locally Licensed Contractors

         Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
         construction contracting, and part II addressing the licensure and regulation of electrical and alarm
         system contracting. DBPR, through the Construction Industry Licensing Board and the Electrical
         Contractors’ Licensing Board and under the Division of Professions, provide statewide licenses for
         various construction and electrical contractors. Chapter 489, F.S., also allows local jurisdictions across
         the state to locally license registered contractors to practice in their jurisdiction.24

         Department of Health

         The Department of Health (DOH) is created under the authority of s. 20.43, F.S., which outlines the
         composition of the agency structure to include the Division of Medical Quality Assurance (MQA). MQA
         is statutorily responsible for the following boards and professions established within the division:
              The Board of Acupuncture, created under ch. 457, F.S.;
              The Board of Medicine, created under ch. 458, F.S.;
              The Board of Osteopathic Medicine, created under ch. 459, F.S.;
              The Board of Chiropractic Medicine, created under ch. 460, F.S.;
              The Board of Podiatric Medicine, created under ch. 461, F.S.;
              Naturopathy, as provided under ch. 462, F.S.;
              The Board of Optometry, created under ch. 463, F.S.;
              The Board of Nursing, created under part I of ch. 464, F.S.;

19 S. 475.021,  F.S.
20 S. 455.203,  F.S.
21 S. 455.01(6), F.S.
22 See Department of Business and Professional Regulation, Annual Report, Fiscal Year 2021-2022, at 10, at

http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021-22.pdf (last visited
Mar. 20, 2023).
23 Ch. 2020-125, L.O.F.
24 Ss. 489.117 and 489.131, F.S.
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                 Nursing assistants, as provided under part II of ch. 464, F.S.;
                 The Board of Pharmacy, created under ch. 465, F.S.;
                 The Board of Dentistry, created under ch. 466, F.S.;
                 Midwifery, as provided under ch. 467, F.S.;
                 The Board of Speech-Language Pathology and Audiology, created under part I of ch. 468, F.S.;
                 The Board of Nursing Home Administrators, created under part II of ch. 468, F.S.;
                 The Board of Occupational Therapy, created under part III of ch. 468, F.S.;
                 Respiratory therapy, as provided under part V of ch. 468, F.S.;
                 Dietetics and nutrition practice, as provided under part X of ch. 468, F.S.;
                 The Board of Athletic Training, created under part XIII of ch. 468, F.S.;
                 The Board of Orthotists and Prosthetists, created under part XIV of ch. 468, F.S.;
                 Electrolysis, as provided under ch. 478, F.S.;
                 The Board of Massage Therapy, created under ch. 480, F.S.;
                 The Board of Clinical Laboratory Personnel, created under part III of ch. 483, F.S.;
                 Medical physicists, as provided under part IV of ch. 483, F.S.;
                 The Board of Opticianry, created under part I of ch. 484, F.S.;
                 The Board of Hearing Aid Specialists, created under part II of ch. 484, F.S.;
                 The Board of Physical Therapy Practice, created under ch. 486, F.S.;
                 The Board of Psychology, created under ch. 490, F.S.;
                 School psychologists, as provided under ch. 490, F.S.;
                 The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
                  Counseling, created under ch. 491, F.S.; and
                 Emergency medical technicians and paramedics, as provided under part III of ch. 401, F.S.;

         The DOH and the practitioner boards have different roles in the regulatory system. Boards establish
         practice standards by rule, pursuant to statutory authority and directives. 25 The DOH receives and
         investigates complaints about practitioners and prosecutes cases for disciplinary action against
         practitioners.

         The DOH, on behalf of the professional boards, investigates complaints against practitioners. 26 Once
         an investigation is complete, the DOH presents the investigatory findings to the boards. The DOH
         recommends a course of action to the appropriate board’s probable cause panel which may include: 27
             Issuing an emergency order;
             Having the file reviewed by an expert;
             Issuing a closing order; or
             Filing an administrative complaint.

         The boards determine the course of action and any disciplinary action to take against a practitioner
         under the respective practice act.28 For professions for which there is no board, the DOH determines
         the action and discipline to take against a practitioner and issues the final orders. 29 The DOH is
         responsible for ensuring that licensees comply with the terms and penalties imposed by the boards. 30 If
         a case is appealed, DOH attorneys defend the final actions of the boards before the appropriate
         appellate court.31



25 The DOH also establishes these for some professions. Professions which do not have a board include naturopathy, nursing

assistants, midwifery, respiratory therapy, dietetics and nutrition, electrolysis, medical physicists, genetic counselors, an d school
psychologists.
26 Department of Health, Investigative Services, http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-complaint-

process/isu.html (last visited Mar. 20, 2023).
27 Department of Health, Prosecution Services, http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-complaint-

process/psu.html (last visited Mar. 20, 2023).
28 S. 456.072(2), F.S.
29 Supra note 25.
30 Supra note 27.
31 Id.
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        The DOH and board rules apply to all statutory grounds for discipline against a practitioner. Under
        current law, the DOH has disciplinary authority for violations of a practice act only for practitioners that
        are not regulated by a board. The DOH does not have final disciplinary authority over practitioners for
        which there is a board.

        Florida Health Care Licensure

        The DOH does not license health care practitioners by specialty or subspecialty. A health care
        practitioner’s specialty area of practice is acquired through the practitioner acquiring additional
        education, training, or experience in a particular area of health care practice. Practitioners who have
        acquired additional education, training, or experience in a particular area may also elect to become
        board-certified in that specialty by private, national specialty boards, such as the American Board of
        Medical Specialties (ABMS), the Accreditation Board for Specialty Nursing Certification, and the
        American Board of Dental Specialties.32 Board certification is not required to practice a medical or
        osteopathic specialty.

        Health Care Practitioner Licensure – Federal Government and Military

        The federal government does not license health care practitioners, nor does it regulate practitioner
        behavior in terms of scope of practice, standards of practice, or practitioner discipline. Instead, the
        federal government relies on state governments to fulfill those functions.

        In addition to state licensure requirements, Medicare, Medicaid, and other government reimbursement
        programs 33 rely on the power of the purse to manage practitioners and facilities providing health care
        services to persons enrolled in such programs. These programs impose “conditions of participation”
        and “conditions of payment,” which essentially mandate compliance with specified standards.
        Certification under a federal health care program is an authorization to participate in government
        payment systems; it is distinct from state licensure or accreditation by a nationally-recognized board.34

        For example, under federal labor law, the definition of “health care provider” includes, in part, a doctor
        of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the
        doctor practices, and others capable of providing health care services, including podiatrists, dentists,
        clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse midwives, clinical social
        workers, and physician assistants who are authorized to practice in the state and performing within the
        scope of their practice as defined under state law. 35

        Federal laws do not license or regulate such practitioners in the manner state regulatory laws and
        practice acts do, and do not define practitioner credentials or scopes of practice outside the applicable
        state law.

        United States Armed Forces Career Fields

        The U.S. Armed Forces consists of six military branches: Air Force, Army, Coast Guard, Marine Corps,
        Navy, and Space Force. The secretary of the U.S. Department of Defense controls each branch, except
        the Coast Guard, which is under the Department of Homeland Security (DHS). With more than two
        million civilian and military employees, the U.S. Department of Defense is the world's largest
        employer.36

32 Examples   of specialties include dermatology, emergency medicine, ophthalmology, pediatric medicine, certified registered nurs e
anesthetist, clinical nurse specialist, cardiac nurse, nurse practitioner, endodontics, orthodontics, and pediatric dentistry .
33 Programs such as the federal workers’ compensation program for longshoremen and harbor workers found under 20 CFR

Subchapter A, available at: https://www.law.cornell.edu/cfr/text/20/chapter-VI/subchapter-A (last visited Mar. 17, 2023).
34 The Healthcare Law Review: USA, Spotlight: The Regulation of Healthcare Providers and Professionals in the USA, Sept. 7, 2020,

available at: https://www.lexology.com/library/detail.asp x?g=c3c193d 0-753e-4244-914a-fd943e70ec8e (last visited Mar. 17, 2023).
35 See 29 CFR s. 825.125, defining the term “health care provider” in the context of the Family and Medical Leave Act of 1993, as

amended.
36 Military.com, What Are the Branches of the US Military? at https://www.military.com/jo in-armed-forces/us-military-branches-

overview.html (last visited Mar. 20, 2023).
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         Joining the U.S. Armed Forces as an enlisted member or an officer has a significant impact on the type
         of experience and training a new recruit receives. All jobs for enlisted members require a high school
         diploma, although, with certain exceptions, a passing General Education Development (GED) test
         score is acceptable. While jobs for enlisted members include infantry roles, most jobs involve hands -on
         training for mechanical, transportation, human service, or office fields that transfer to the civilian world.

         Almost all officer positions require a four-year college degree or equivalent. Officers are the managers
         of the military, acting in leadership roles that require planning, directing operations, and making critical
         decisions. Officer positions also include careers that require advanced degrees, such as law and
         medicine.37

         The careers available to members of the U.S. Armed Forces are extensive, and depending on the
         service branch, have been referred to as career management fields (CMF), occupational management
         fields (OMF), and military occupational specialties (MOS). 38

         Servicemember Professional License Portability

         The federal Veterans Auto and Education Improvement Act of 2022, 39 (the federal portability act) which
         became law on January 5, 2023, addresses the portability of professional licenses held by members of
         the U.S. Armed Forces (service members) and their spouses, when they move outside the jurisdiction
         that issued the license due to military orders for military service, under specified circumstances.

         Portability is available only for a professional license or certificate in good standing with the issuing
         licensing authority which has been actively used by the servicemember or spouse during the two years
         immediately preceding the relocation (covered licenses), and licenses to practice law are expressly not
         covered.

         Under the act, a covered license must be considered valid at a similar scope of practice and in the
         discipline applied for in the jurisdiction of such new residency for the duration of such military orders if
         such servicemember or spouse:
              Provides a copy of military orders to the licensing authority in the new jurisdiction;
              Remains in good standing with:
                      o The licensing authority that issued the covered license; and
                      o Every other licensing authority that has issued to the servicemember or spouse a license
                         with a similar scope of practice and in the discipline applied in the new jurisdiction; and
              Submits to the authority of the licensing authority in the new jurisdiction for the purposes of
                  standards of practice, discipline, and fulfillment of any continuing education requirements.

         If the license of a servicemember or spouse is covered by an interstate licensure compact, use of the
         license is governed by the interstate compact or applicable state law, and the above portability
         provisions do not apply.

         Occupational Licensing Trends

         According to the National Conference of State Legislatures (NCSL), “occupational licensing remains a
         growing area of interest for states, stemming largely from tight labor markets and the race to recruit
         workers for the large number of job openings nationwide. In 2022, the focus has largely been on

37 Today’s Military, Enlisted and Officer Paths, at https://www.todaysmilitary.com/ways -to-serve/enlisted-officer-paths (last visited

Mar. 20, 2023).
38 See e.g., listed careers for the Air Force, Army, Marines, and Navy, respectively, at https://www.airforce.com/careers ;

https://en.wikipedia.org/wiki/List_of_United_States_Army_careers ; https://www.marines.com/about-the-marine-corps/roles/military -
occupational-specialty.html; and https://www.navy.com/node/3512 (all last visited Mar. 20, 2023).
39 See s. 19, Pub. Law No. 117-333, H.R. 7939, 117th Cong. (Jan. 5, 2023) at https://www.congress.gov/bill/117th-congress/house-

bill/7939/text (last visited Mar. 17, 2023), which amended the Servicemembers Civil Relief Act (SCRA), 42 U.S.C. 4021 et seq. by
adding Section 705A. The amendment also expands the right to terminate certain types of service contracts and clarifies optio ns for
tax residence for a servicemember and his or her spouse.
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         improving the accessibility of licensing in order to bolster the workforce and integrate new
         employees.”40 The NCSL identified four trends: worker mobility; universal licensure recognition;
         reducing barriers for veterans and military spouses; and simplifying or eliminating licensing. 41

         Emergency Powers

         During a declared state of emergency, in addition to any other powers conferred upon the Governor by
         law, the Governor may suspend the provisions of any regulatory statute prescribing the procedures for
         conduct of state business or the orders or rules of any state agency, if strict compliance with the
         provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary
         action in coping with the emergency.42

         Effect of Bill

         The bill, titled the Interstate-Mobility and Universal-Recognition Act, relates to licenses and
         certifications issued by DBPR and DOH. The bill requires DBPR and DOH to recognize other state
         licenses and certifications, certain work experience, and private certifications and work experience for
         certain individuals, under certain circumstances.

         The bill requires Florida licensing boards that issue occupational licenses or government certifications
         to individuals under ch. 455, F.S., relating to the regulations of professions by the Department of
         Business and Professional Regulation (DBPR), or ch. 456, F.S., relating to the regulation of professions
         by the Department of Health (DOH), to issue an occupational license or government certification
         (universal license) to eligible applicants, under certain circumstances (universal licensing requirement).

         Applicants may seek a universal license through one of three pathways described in the bill. An
         applicant from another state is automatically approved under the universal licensing scheme if:

                 The applicant is licensed by another licensing entity or state;
                 The applicant has certain work experience in another state or in the military; or
                 The applicant has a private certification with work experience in a non-licensing state or the
                  military.

         The bill provides that an applicant with a valid occupational license or certification in good standing, or
         who otherwise meets the requirements for an occupational license for a lawful occupation, is presumed
         to be qualified for the license and must be issued an occupational license or government certification by
         the appropriate Florida licensing board.

         The bill provides the following definitions:
             "Board" means an agency, board, department, or other governmental entity that regulates a
                 lawful occupation under DBPR or DOH and issues an occupational license or government
                 certification to an individual.
             "Government certification" means a voluntary, government-granted, and nontransferable
                 recognition granted to an individual who meets personal qualifications related to a lawful
                 occupation. The term includes a military certification for a lawful occupation. The term does not
                 include credentials,43 such as those used for medical board certification or held by a certified
                 public accountant, that are prerequisites to working lawfully in an occupation.


40 See NCSL 2022 Occupational Licensing Trends Summary, https://www.ncsl.org/labor-and-employment/2022-occupational-

licensing-trends (last visited Mar. 20, 2023).
41 Id.
42 S. 252.36(6), F.S.
43 The term “credentials” is not defined in the bill, however, see the University of Florida Professional and Workforce Development

Medical Credentialing Program information at https://pwd.aa.ufl.edu/medical-credentialing-program/ (last visited Mar. 20, 2023). The
Florida Certification Board (FCB), a nonprofit organization, indicates it has, over the last 30 years, designed, developed an d managed
certification programs in Florida for over 30 health and human services professions. See https://flcertificationboard.org/credentials/
and https://flcertificationboard.org/about/ (last visited Mar. 20, 2023).
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              "Lawful occupation" means a course of conduct, pursuit, or profession that includes the lawful
               sale of goods or services to sell regardless of whether the individual selling them is subject to
               an occupational license.
              "Military" means the Armed Forces of the United States, including the Air Force, Army, Coast
               Guard, Marine Corps, Navy, Space Force, National Guard, and all reserve components and
               auxiliaries. The term also includes the military reserves and militia of any United States territory
               or state.
              "Occupational license" means a nontransferable authorization in law for an individual to
               exclusively perform a lawful occupation based on meeting personal qualifications. The term
               includes a military occupational specialty.
              "Other licensing entity" or "another licensing entity" means any United States territory or state in
               the United States other than this state which issues occupational licenses or government
               certifications. The term includes the military.
              "Private certification" means a voluntary program in which a private organization grants
               nontransferable recognition to an individual who meets personal qualifications and standards
               relevant to performing the occupation, as determined by the private organization.
              "Scope of practice" means the procedures, actions, processes, and work that a person may
               perform under an occupational license or government certification issued in this state.

       The bill provides that notwithstanding any other law, a board must issue an occupational license or
       government certification to a person applying to a board for such license or certification if all of the
       following apply:
             The person holds a current and valid occupational license or government certification by
               another licensing entity in a lawful occupation with a similar scope of practice, as determined by
               a board in this state.
             The person has held the occupational license or government certification by another licensing
               entity for at least 1 year.
             A board for the other licensing entity required the person to pass an examination or meet
               education, training, or experience standards.
             A board for the other licensing entity holds the person in good standing.
             The person does not have a disqualifying criminal record as determined by a board in this state.
             A board for another licensing entity has not revoked the person's occupational license or
               government certification because of negligence or intentional misconduct related to the person's
               work in the occupation.
             The person did not surrender an occupational license or government certification, or have such
               license or certification revoked, because of negligence or intentional misconduct related to the
               person's work in the occupation in another state or in the military.
             The person does not have a complaint, allegation, or investigation pending before a board for
               another licensing entity which relates to unprofessional conduct or an alleged crime. If the
               person has a complaint, allegation, or investigation pending, a board may not issue or deny an
               occupational license or government certification to the person until the complaint, allegation, or
               investigation is resolved or the person otherwise meets the criteria for an occupational license
               or government certification in this state to the satisfaction of a board in this state.
             The person pays all applicable fees in this state.

       If another licensing entity issued the person a government certification but this state requires an
       occupational license to work, a board must issue an occupational license to the person if the person
       otherwise satisfies all of the above qualifications.

       Work Experience

       In addition, the bill requires boards under DBPR and DOH to issue an occupational license or
       government certification to a person applying to a board for such license or certification based on work
       experience in another state or the military if all of the following requirements are met:
            The person worked in a state that does not use an occupational license or government
               certification to regulate a lawful occupation or was a member of the military, but this state uses
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               an occupational license or government certification to regulate a lawful occupation with a similar
               scope of practice, as determined by the board.
              The person worked for at least 3 years in the lawful occupation.
              The person satisfies all of the above qualifications under occupational license or government
               certification.

       Private Certification

       Notwithstanding any other law, a board must issue an occupational license or government certification
       to a person applying for such license or certification based on the person holding a private certification
       and the person's work experience in another state or the military if all of the following apply:
            The person holds a private certification and worked in a state that does not use an occupational
               license or government certification to regulate a lawful occupation or was a member of the
               military, but this state uses an occupational license or government certification to regulate a
               lawful occupation with a similar scope of practice, as determined by the board.
            The person worked for at least 2 years in the lawful occupation.
            The person holds a current and valid private certification in the lawful occupation.
            The private certification organization holds the person in good standing.
            The person does not have a disqualifying criminal record as determined by a board in this state.
            A board for another licensing entity has not revoked the person's occupational license or
               government certification because of negligence or intentional misconduct related to the person's
               work in the occupation.
            The person did not surrender an occupational license or government certification, or have such
               license or certification revoked, because of negligence or intentional misconduct related to the
               person's work in the occupation in another state or in the military.
            The person does not have a complaint, allegation, or investigation pending before a board for
               another licensing entity which relates to unprofessional conduct or an alleged crime. If the
               person has a complaint, allegation, or investigation pending, a board may not issue or deny an
               occupational license or government certification to the person until the complaint, allegation, or
               investigation is resolved or the person otherwise meets the criteria for an occupational license
               or government certification in this state to the satisfaction of a board in this state.
            The person pays all applicable fees in this state.

       Presumption of Approval

       The bill provides that unless a board can demonstrate a substantial difference between licensure or
       certification requirements of another licensing entity and this state, there is a presumption that an
       applicant who holds a valid occupational license, government certification, or private certification, or
       otherwise meets the requirements to credentialed for a lawful occupation, and is in good standing in
       another state is qualified for an occupational license or government certification in this state and must
       be approved by the board.

       A board shall provide an applicant with a written decision regarding the application within 90 days after
       receiving a complete application.

       Appeal Process

       The person may appeal the board's decision to the Division of Administrative Hearings, such as:
           The board’s denial;
           Determination of the occupation;
           Determination of the similarity of the scope of practice of the occupational license or
              government certification issued; or
           Other applicable determinations.

       Applicability


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       The bill provides that:
           Nothing in this bill shall prevent a person from obtaining an occupational license or government
               certification from another law or rule.
           An occupational license or government certification issued under this bill is valid only in this
               state unless otherwise provided by law.
           It does not prevent Florida from entering into a licensing compact or reciprocity agreement with
               another state, foreign province, foreign country, international organization, or other entity.
           May not be construed to prevent this state from recognizing occupational credentials issued by
               a private certification organization, foreign province, foreign country, international organization,
               or other entity.
           May not be construed to require a private organization to grant or deny private certification to
               any individual.

       The bill provides that the Governor may order the recognition of occupational licenses from other
       licensing entities or from a foreign country as if the licenses were issued in this state under a state of
       emergency declared by the Governor.

       The bill requires each board under DBPR and DOH to submit an annual report to the President of the
       Senate and the Speaker of the House of Representatives by December 31 of each year, detailing the
       number of licenses or certifications issued, the number of applications submitted which were denied,
       and the reason for each denial.

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

   B. SECTION DIRECTORY:
       Section 1:     Creates s. 455.2135, F.S.; the “Interstate-Mobility and Universal Recognition
                      Occupational Licensing Act.”
       Section 2:     Provides an effective date.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill may increase revenues from application fees at DBPR and DOH due to an increase in out-
           of-state license applicants.

       2. Expenditures:
           DBPR and DOH may have an indeterminate negative fiscal impact related to creating new licensing
           processes and forms. See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill may increase revenues from application fees for local contracting licenses due to an
           increase in out-of-state license applicants.

       2. Expenditures:
           The bill may cause an increase in local contractor licenses being issued, but local governments
           may charge fees to cover the cost of regulation.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Individuals in the state may make the decision to forgo education and testing requirements in Florida in
       favor of moving to another state that has an easier path to licensure, or move to a state that doesn’t
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         have a licensing scheme to obtain a private certification, and later return to be licensed in the state
         through one of the bill’s alternative pathways.

         Out-of-state professionals seeking to work in the state may be eligible under the additional alternative
         pathways created by the bill to obtain a license to work in specified occupations and professions in
         Florida. Thus, the state may see an increase in the number of available professionals to hire.

    D. FISCAL COMMENTS:
         DBPR has provided the following response on the fiscal impact: 44

         The potential fiscal impact to DBPR is indeterminate at this time. Depending upon the number of
         individuals who take advantage of this new licensing method the DBPR would collect a corresponding
         amount of revenues from the licensees. Additionally, if enough new license applications are received
         there could be staffing needs in order to process any increased applications or complaints.

         DOH estimates they will need $2.5 M in additional resources including 13.00 positions. The estimate
         includes $1.1 M in salary and benefits, $432 K in expenses, $18 K in OPS, and $641 K in contracted
         services. However, in Fiscal Year 2021-2022, DOH reverted $125.0 M in salaries and benefits, $43.0 M
         in expenses, $27.4 M in OPS, and $35.4 M in contracted services. Additionally, as of April 4, 2023,
         DOH had 2,473.85 vacant positions for a department vacancy rate of 19.3 percent.


                                                         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:
            Article VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
            tax or fee be contained in a separate bill that contains no other subject and be approved by two-
            thirds of the membership of each house of the Legislature. As such, Art, VII, s. 19 of the Florida
            Constitution may apply if the fee provisions in the bill are interpreted to be a new fee.

            Mandating acceptance of unspecified private certifications and other state licenses may potentially
            implicate the “nondelegation doctrine.” Article III, Section 1 of the Florida Constitution states that
            "[t]he legislative power of the state shall be vested in a legislature of the State of Florida.” The
            Florida Supreme Court has held that this constitutional provision requires that “primary policy
            decisions must be made by members of the legislature who are elected to perform those tasks, and
            administration of legislative programs must be pursuant to some minimal standards and
            guidelines….”45

            The Legislature may constitutionally transfer subordinate functions to "permit administration of
            legislative policy by an agency with the expertise and flexibility to deal with complex and fluid
            conditions."46 However, the Legislature "may not delegate the power to enact a law or the right to
            exercise unrestricted discretion in applying the law."47 Further, the nondelegation doctrine precludes

44 Department of Business and Professional Regulation, Agency Analysis of 2023 Senate Bill 1364,      p. 10 (Mar. 20, 2023).
45 Askew v. Cross Key Waterways, 372 So.2d 913, 925 (Fla. 1978).
46 Microtel v. Fla. Pub. Serv. Comm'n, 464 So.2d 1189,   1191 (Fla.1985) (citing State, Dep't of Citrus v. Griffin, 239 So.2d 577
(Fla.1970)).
47 Sims v. State, 754 So.2d 657, 668 (Fla. 2000).
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                 the Legislature from delegating its powers “absent ascertainable minimal standards and
                 guidelines.”48 When the Legislature delegates power to another body, it “must clearly announce
                 adequate standards to guide in the execution of the powers delegated.” 49

                 The bill allows people to obtain a license in this state that move here from another state more easily
                 than Florida residents. There are constitutional provisions and analysis that may be implicated. 50

     B. RULE-MAKING AUTHORITY:
          The bill requires boards at DBPR and DOH to create new licensing processes and forms. The bill does
          not provide rulemaking authority.

     C. DRAFTING ISSUES OR OTHER COMMENTS:

          It is unclear if the bill is intended to cover all licensed professions in the state or only those licensed
          professions covered in chs. 455 and 456, F.S., as it specifically excepts occupations regulated by the
          Florida Supreme Court, such professionals are not regulated by DBPR or DOH.

          The sponsor has indicated that an amendment is planned to address concerns once the sponsor has
          heard from all interested parties and received input from DBPR and DOH. The planned amendment will
          also address technical drafting issues, make conforming changes, clarify definitions and other language
          for consistency, address profession and industry specific concerns by identifying more specifically
          those individuals who are not covered by the universal licensing requirements created by the bill, and
          will allow rulemaking by DBPR and DOH to implement the provisions in the bill.

          The bill may also need clarification related to which fees an applicant must pay. DBPR and DOH have a
          specific fee structure authorized for each type of license and avenue for obtaining licensure, including a
          license by endorsement. The bill does not currently specify which fee or fees are applicable.

          The bill may need clarification related to the requirements for a universal license based on work
          experience, which appear to be internally inconsistent. To qualify under this provision, the bill requires
          the applicant to have worked in another state that does not require a license for the occupation;
          however, to qualify under this provision, the bill also requires the applicant to meet the requirements s.
          455.2135(3)(a), F.S., which requires the person to have been licensed by another licensing entity.

          Some of the bill’s provisions conflict with current law. For example: The bill creates s. 455.2135, F.S., to
          provide occupational license portability for professions or occupations regulated by the DBPR and
          DOH. However, ch. 455, F.S., relates to professions regulated by the DBPR. The sponsor may wish to
          include in an amendment additional provisions in ch. 456, F.S., noting the applicability of the act to
          professions regulated by the DOH, and providing notice to eligible individuals and the affected boards
          of the universal licensing requirements. A similar amendment may be needed to clarify conflicts
          between the bill’s provisions related to the Emergency Powers of the Governor that conflict with current
          law.

          DBPR has conveyed the following concerns:51

          The bill states that a board may not issue or deny an occupational license or government certification to
          any person with a pending complaint, allegation, or investigation until such matter is resolved. This
          conflicts with s. 455.213(4), F.S., which authorizes denial of an initial license to any applicant who is
          under investigation or prosecution in any jurisdiction for an action that would constitute a violation of ch.
          455, F.S., or the respective professional practice acts, until such time as the investigation is complete. It
          is unclear if the provisions of s. 120.60(1), F.S., that deem an application approved for failure to issue a


48 Dep't of Bus. Reg., Div. of Alcoholic Beverages and Tobacco v. Jones, 474 So.2d 359, 361 (Fla. 1st DCA 1985).
49 Martin, 916 So.2d at 770.
50 U.S. Const. art IV, § 2, cl. 1; U.S. Const. art I, § 8, cl. 3; U.S. Const. amend. XIV, §§ 1,2;
51 Id. at 8-9.
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       decision within 90 days of a complete application would still apply when an agency is prohibited from
       denying or issuing a license while the applicant has pending complaints, allegations, or investigations.

       The bill’s effective date of July 1, 2023 will not allow sufficient time for rulemaking to implement the
       provisions of the bill, including developing new fees and applications.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 1333                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to the Interstate-Mobility and
    3                Universal-Recognition Occupational Licensing Act;
    4                creating s. 455.2135, F.S.; providing a short title;
    5                defining terms; requiring certain agencies, boards,
    6                departments, and other governmental entities to issue
    7                an occupational license or government certification to
    8                persons under certain circumstances; authorizing such
    9                entities to require a person to pass a specified
10                   examination under certain circumstances; providing a
11                   presumption that the applications of certain
12                   individuals will be approved; requiring such entities
13                   to provide a written decision to an applicant within a
14                   specified timeframe; authorizing a person to appea l a
15                   decision made under the act; specifying that a person
16                   licensed or certified under the act is still subject
17                   to specified laws and entities; providing
18                   construction; authorizing the Governor to take certain
19                   actions relating to occupational licenses during
20                   declared states of emergency; requiring such entities
21                   to submit an annual report to the Legislature by a
22                   specified date; providing an effective date.
23
24         Be It Enacted by the Legislature of the State of Florida:
25

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        HB 1333                                                                                               2023




26                Section 1.        Section 455.2135, Florida Statutes, is created
27      to read:
28                455.2135         Interstate-Mobility and Universal-Recognition
29      Occupational Licensing Act.—
30                (1)       SHORT TITLE.—This section may be cited as the
31      "Interstate-Mobility and Universal-Recognition Occupational
32      Licensing Act."
33                (2)       DEFINITIONS.—As used in this section, the term:
34                (a)       "Board" means an agency, board, department, or other
35      governmental entity that regulates a lawful occupation under
36      this chapter or chapter 456 and issues an occupational license
37      or government certification to an individual.
38                (b)       "Government certification" means a voluntary,
39      government-granted, and nontransferable recognition granted to
40      an individual who meets personal qualifications related to a
41      lawful occupation. The term includes a military certification
42      for a lawful occupation. The term does not include credentials,
43      such as those used for medical board certification or held by a
44      certified public accountant, that are prerequisites to working
45      lawfully in an occupation.
46                (c)       "Lawful occupation" means a course of conduct,
47      pursuit, or profession that includes lawful the sale of goods or
48      services to sell regardless of whether the individual selling
49      them is subject to an occupational license.
50                (d)       "Military" means the Armed Forces of the United

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        HB 1333                                                                                               2023




51      States, including the Air Force, Army, Coast Guard, Marine
52      Corps, Navy, Space Force, National Guard, and all reserve
53      components and auxiliaries. The term also includes the military
54      reserves and militia of any United States territory or state.
55                (e)       "Occupational license" means a nontransferable
56      authorization in law for an individual to exclusively perform a
57      lawful occupation based on meeting personal qualifications. The
58      term includes a military occupational specialty.
59                (f)       "Other licensing entity" or "another licensing ent ity"
60      means any United States territory or state in the United States
61      other than this state which issues occupational licenses or
62      government certifications. The term includes the military.
63                (g)       "Private certification" means a voluntary program in
64      which a private organization grants nontransferable recognition
65      to an individual who meets personal qualifications and standards
66      relevant to performing the occupation, as determined by the
67      private organization.
68                (h)       "Scope of practice" means the procedures, action s,
69      processes, and work that a person may perform under an
70      occupational license or government certification issued in this
71      state.
72                (3)       OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.—
73                (a)       Notwithstanding any other law, a board must issue an
74      occupational license or government certification to a person
75      applying to a board for such license or certification if all of

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         HB 1333                                                                                               2023




 76      the following apply:
 77                1.    The person holds a current and valid occupation al
 78      license or government certification by another licensing entity
 79      in a lawful occupation with a similar scope of practice, as
 80      determined by a board in this state.
 81                2.    The person has held the occupational license or
 82      government certification by another licensing entity for at
 83      least 1 year.
 84                3.    A board for the other licensing entity required the
 85      person to pass an examination or meet education, training, or
 86      experience standards.
 87                4.    A board for the other licensing entity holds the person
 88      in good standing.
 89                5.    The person does not have a disqualifying criminal
 90      record as determined by a board in this state.
 91                6.    A board for another licensing entity has not revoked
 92      the person's occupational license or government certification
 93      because of negligence or intentional misconduct related to the
 94      person's work in the occupation.
 95                7.    The person did not surrender an occupational license or
 96      government certification, or have such license or certification
 97      revoked, because of negligence or intentional misconduct related
 98      to the person's work in the occupation in another state or in
 99      the military.
100                8.    The person does not have a complaint, allegation, or

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         HB 1333                                                                                               2023




101      investigation pending before a board for another licensing
102      entity which relates to unprofessional conduct or an alleged
103      crime. If the person has a complaint, allegation, or
104      investigation pending, a board may not issue or deny an
105      occupational license or government certification to the person
106      until the complaint, allegation, or investigation is resolved or
107      the person otherwise meets the criteria for an occupational
108      license or government certification in this state to the
109      satisfaction of a board in this state.
110                9.    The person pays all applicable fees in this state.
111                (b)       If another licensing entity issued the person a
112      government certification but this state requires an occupational
113      license to work, a board must issue an occupational license to
114      the person if the person otherwise satisfies paragraph (a).
115                (4)       WORK EXPERIENCE.—Notwithstanding any other law, a
116      board must issue an occupational license or government
117      certification to a person applying to the board for such license
118      or certification based on work experience in another state or
119      the military if all of the following apply:
120                (a)       The person worked in a state that does not use an
121      occupational license or government certification to regulate a
122      lawful occupation or was a member of the military, but this
123      state uses an occupational license or government certification
124      to regulate a lawful occupation with a similar scope of
125      practice, as determined by the board.

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         HB 1333                                                                                               2023




126                (b)       The person worked for at least 3 years in the lawful
127      occupation.
128                (c)       The person satisfies paragraph (3)(a).
129                (5)       PRIVATE CERTIFICATION.—Notwithstanding any other law,
130      a board must issue an occupational license or government
131      certification to a person applying for such license or
132      certification based on the person holding a private
133      certification and the person's work experience in another state
134      or the military if all of the following apply:
135                (a)       The person holds a private certification and worked in
136      a state that does not use an occupational license or government
137      certification to regulate a lawful occupation or was a member of
138      the military, but this state uses an occupational license or
139      government certification to regulate a lawful occupation with a
140      similar scope of practice, as determined by the board.
141                (b)       The person worked for at least 2 years in the lawful
142      occupation.
143                (c)       The person holds a current and valid private
144      certification in the lawful occupation.
145                (d)       The private certification organization holds the
146      person in good standing.
147                (e)       The person satisfies subparagraphs (3)(a)5.-9.
148                (6)       STATE EXAMINATION.—A board may require a person to
149      pass a jurisprudential examination specific to relevant state
150      laws that regulate the occupation if an occupational license or

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         HB 1333                                                                                               2023




151      government certification under this chapter or chapter 456
152      requires such examination.
153                (7)       PRESUMPTION OF APPROVAL; DECISION.—Unless a board can
154      demonstrate a substantial difference between licensure or
155      certification requirements of another licensing entity and this
156      state, there is a presumption that an applicant who holds a
157      valid occupational license, government certification, or private
158      certification, or otherwise meets the requirements to be
159      credentialed for a lawful occupation, and is in good standing in
160      another state is qualified for an occupational license or
161      government certification in this state and must be approved by
162      the board. A board shall provide an applicant with a written
163      decision regarding his or her application within 90 days after
164      receiving a complete application.
165                (8)       APPEAL.—
166                (a)       The person may appeal the board's decision to the
167      Division of Administrative Hearings.
168                (b)       The person may appeal the board's:
169                1.    Denial of an occupational license or government
170      certification;
171                2.    Determination of the occupation;
172                3.    Determination of the similarity of the scope of
173      practice of the occupational license or government certification
174      issued; or
175                4.    Other determinations made under this section.

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         HB 1333                                                                                               2023




176                (9)        STATE LAWS AND JURISDICTION.—A person who obtains an
177      occupational license or a government certification pursuant to
178      this section is subject to:
179                (a)        The laws regulating the occupation in this state; and
180                (b)        The jurisdiction of the board in this state.
181                (10)       EXCEPTION.—This section does not apply to an
182      occupation regulated by the Florida Supreme Court.
183                (11)       CONSTRUCTION.—
184                (a)        This section may not be construed to prohibit a person
185      from applying for an occupational license or a government
186      certification under another law or rule.
187                (b)        An occupational license or a government certification
188      issued pursuant to this section is valid only in this state.
189      Such license or certification does not make the person eligible
190      to work in another state under an interstate compact or a
191      reciprocity agreement unless otherwise provided in law.
192                (c)        This section may not be construed to prevent this
193      state from entering into a licensing compact or reciprocity
194      agreement with another state, foreign province, foreign country,
195      international organization, or other entity.
196                (d)        This section may not be construed to prevent this
197      state from recognizing occupational credentials issued by a
198      private certification organization, foreign province, foreign
199      country, international organization, or other entity.
200                (e)        This section may not be construed to require a private

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         HB 1333                                                                                               2023




201      certification organization to grant or deny private
202      certification to any individual.
203                (12)       EMERGENCY POWERS.—
204                (a)        During a state of emergency declared by the Governor,
205      the Governor may order the recognition of occupational licenses
206      from other licensing entities or from a foreign country as if
207      the licenses were issued in this state.
208                (b)        The Governor may expand any occupational license's
209      scope of practice and may authorize licensees to provide
210      services in this state in person, telephonically, or by other
211      means for the duration of the emergency.
212                (13)       ANNUAL REPORT.—Each board shall submit an annual
213      report to the President of the Senate and the Speaker of the
214      House of Representatives by December 31 of each year, detailing
215      the number of licenses or certifications issued pursuant to this
216      section, the number of applications submitted pursuant to this
217      section which were denied, and the reason for each denial.
218                Section 2.        This act shall take effect July 1, 2023.




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                                 COMMERCE COMMITTEE

                             HB 1333 by Rep. Koster
    Interstate-Mobility and Universal-Recognition Occupational Licensing Act

                                 AMENDMENT SUMMARY
                                     April 24, 2023


Amendment 1 by Rep. Koster (line 181):
  • Provides that the bill does not apply to acupuncturists, physicians, osteopathic
     physicians, chiropractic physicians, podiatric physicians, certified optometrists, dentists
     and dental hygienists, professional engineers, certified public accountants, physical
     therapists and physical therapy assistants general contractors, building contractors,
     residential contractors, roofing contractors, specialty structure contractors, glass and
     glazing contractors, electrical contractors, alarm system contractors, clinical social
     workers, marriage and family therapists, mental health counselors, and funeral directors.

Amendment 2 by Rep. Koster (line 217):
  • Provides that, contingent upon the appropriation of funds, the Department of Veterans’
     Affairs must establish a portal system that allows former and present members of the
     military and their dependents to enter and verify their military credentials, government
     certifications, occupational licenses, or recognized private certifications.
  • Requires the Department of Business and Professional Regulation and the Department
     of Health to use this system to verify credentials for license applicants.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1333   (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 Koster offered the following:
 3
 4          Amendment
 5          Remove lines 181-182 and insert:
 6          (10) EXCEPTION.—This section does not apply to an
 7     occupation regulated by the Florida Supreme Court;
 8     acupuncturists regulated under chapter 457; physicians regulated
 9     under chapter 458; osteopathic physicians regulated under
10     chapter 459; chiropractic physicians regulated under chapter
11     460; podiatric physicians regulated under chapter 461; certified
12     optometrists regulated under chapter 463; dentists and dental
13     hygienists regulated under chapter 466; professional engineers
14     regulated under chapter 471; certified public accountants
15     regulated under chapter 473; physical therapists and physical
16     therapy assistants regulated under chapter 486; general
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1333   (2023)
       Amendment No.1


17     contractors, building contractors, residential contractors,
18     roofing contractors, specialty structure contractors, glass and
19     glazing contractors, electrical contractors, and alarm system
20     contractors regulated under chapter 489; clinical social
21     workers, marriage and family therapists, and mental health
22     counselors regulated under chapter 491; and funeral directors
23     regulated under chapter 497.




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                                   Page 2 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1333   (2023)
       Amendment No.2




            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 Koster offered the following:
 3
 4          Amendment
 5          Between lines 217 and 218, insert:
 6          (14) VETERANS ONLINE PORTAL.—Contingent upon the
 7     appropriation of funds for that purpose by the Legislature, the
 8     Department of Veterans’ Affairs shall establish a one -stop
 9     online portal system that allows former and present members of
10     the military and their dependents to enter and verify their
11     military credentials, government certifications, occupational
12     licenses, or recognized private certifications. The Department
13     of Business and Professional Regulation and the Department of
14     Health shall, for the boards under their respective
15     jurisdiction, use this system to verify credentials for
16     applicants under this section.
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                                   Page 1 of 1
CS/HB 1383
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1383 Specialty Contractors
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Trabulsy
TIED BILLS:       IDEN./SIM. BILLS: CS/CS/SB 1570

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform & Economic Development                 9 Y, 2 N                Wright             Anstead
     Subcommittee

  2) State Administration & Technology                        12 Y, 0 N, As CS        Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Wright             Hamon


                                                     SUMMARY ANALYSIS
In 2021, HB 735 was enacted, which expressly preempted occupational licensing to the state and provided that any local
licensing of an occupation not specifically authorized by general law may not be enforced. This preemption supersedes
any local government licensing requirement of occupations unless:
      The licensing of occupations by local governments is authorized by general law; or
      The local licensing scheme was imposed before July 1, 2021. However, any such local licensing scheme expires
         on July 1, 2023.

HB 735 specifically preempted local construction licensing that is outside the scope of state construction contractor
licensing provisions regulated by the Construction Industry Licensing Board (CILB) under the Department of Business and
Professional Regulation, including, but not limited to, painting, cabinetry, and ornamental iron installation.

The bill extends the expiration date for local licensing without general law authority to January 1, 2024,

The bill requires the CILB, by January 1, 2024, to, by rule, establish certified specialty contractor categories for voluntar y
licensure for all of the following:
      Structural aluminum or screen enclosures.                         Rooftop solar heating installation.
      Marine seawall work.                                              Structural steel.
      Marine bulkhead work.                                             Window and door installation, including garage
      Marine dock work.                                                      door installation and hurricane or windstorm
      Marine pile driving.                                                   protection.
      Structural masonry.                                               Plaster and lath.
      Structural prestressed, precast concrete work.

The bill provides that a local government may not require a license issued by the local government or CILB to perform a
job scope which does not substantially correspond to one of the state contractor or specialty contractor categories.

The bill prohibits local governments from requiring a license to obtain a permit for a job scope outside of the practice of
contracting.

The bill allows a county in an area designated as an area of critical state concern to continue to offer a license for any jo b
scope which requires a statewide contractor license, or a local government to continue to offer a license for fence
installation and erection, if such a licensing requirement existed before January 1, 2021.

The bill provides that a local government may not require a license as a prerequisite to submit a bid for public works
projects if the work to be performed does not require a license under general law.

The bill will have an indeterminate, likely insignificant, negative fiscal impact on state government and does not appear to
have a fiscal impact on local governments. 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:
        Preemption

        State preemption precludes a local government from exercising authority in a particular area, and
        requires consistency with the state constitution or state statute. 1 A local government enactment may be
        found inconsistent with state law if (1) the Legislature has preempted a particular subject area to the
        state or (2) the local regulation conflicts with a state statute.2

        Florida law recognizes two types of preemption: express and implied. Express preemption requires a
        specific legislative statement; it cannot be implied or inferred. 3 Express preemption of a field by the
        Legislature must be accomplished by clear language stating that intent.4 When local ordinances have
        been enacted in the face of state preemption, the effect has been to find such ordinances null and
        void.5

        Implied preemption is a legal doctrine that addresses situations in which the legislature has not
        expressly preempted an area but, for all intents and purposes, the area is dominated by the state.
        Findings of implied preemption are for a very narrow class of areas in which the state has legislated
        pervasively.6

        Local Government Authority

        General law authorizes counties "the power to carry on county government” and to "perform any other
        acts not inconsistent with law, which acts are in the common interest of the people of the county, and
        exercise all powers and privileges not specifically prohibited by law.”7 More specifically, non-charter
        county governments may exercise those powers of self-government that are provided by general or
        special law.8 Those counties operating under a county charter have all powers of self-government not
        inconsistent with general law or special law approved by vote of the electors. 9

        Likewise, municipalities 10 have those governmental, corporate, and proprietary powers that enable
        them to conduct municipal government, perform functions, provide services, and exercise any power for
        municipal purposes, except as otherwise provided by law. 11

        A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
        operate within a limited geographic boundary. Special districts are created by general law, 12 special

1 James R. Wolf and Sarah Harley       Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla.
B.J. 92 (June 2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-
preemption-and-conflict-analysis/.
2 Id.
3 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County,

894 So. 2d 1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla.
2008).
4 Mulligan, 934 So. 2d at 1243.
5 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
6 Wolf and Bolinder, supra note 1.
7 Id.
8 Art. VIII, s. 1(f), Fla. Const.
9 Art. VIII, s. 1(g), Fla. Const.
10 A municipality is a local government entity created to perform functions and provide services for the particular benefit of

the population within the municipality, in addition to those provided by the county. The term “municipality” may be used
interchangeably with the terms “town,” “city,” and “village.”
11 Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
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         act,13 local ordinance,14 or by rule of the Governor and Cabinet.15 A special district has only those
         powers expressly provided by, or reasonably implied from, the authority provided in the district’s
         charter. Special districts provide specific municipal services in addition to, or in place of, those provided
         by a municipality or county.16

         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 the governing body of a single county or municipality.17 An
         “independent special district” is any district that is not a dependent special district.18

         Revenue Sources Authorized in the Florida Constitution19

         The Florida Constitution limits the ability of local governments to raise revenue for their operations. The
         Florida Constitution provides:

                    No tax shall be levied except in pursuance of law. No state ad valorem taxes 20
                    shall be levied upon real estate or tangible personal property. All other forms of
                    taxation shall be preempted to the state except as provided by general law. 21

                    Counties, school districts, and municipalities shall, and special districts may, be
                    authorized by law to levy ad valorem taxes and may be authorized by general
                    law to levy other taxes, for their respective purposes, except ad valorem taxes on
                    intangible personal property and taxes prohibited by this constitution.22

         However, not all local government revenue sources are taxes requiring general law authorization.
         When a county or municipal revenue source is imposed by ordinance, the question is whether the
         charge is a valid assessment or fee. As long as the charge is not deemed a tax, the imposition of the
         assessment or fee by ordinance is within the constitutional and statutory home rule powers of county
         and municipal governments. If the charge is not a valid assessment or fee, it is deemed a revenue
         source requiring general law authorization.

         Revenue Sources Based on Home Rule Authority

         Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and
         special assessments to pay the cost of providing a facility or service or regulating an activity. A
         regulatory fee should not exceed the regulated activity’s cost and is generally required to be applied
         solely to the regulated activity’s cost for which the fee is imposed.23


12 S. 189.031(3),   F.S.
13 Id.
14 S. 189.02(1),   F.S.
15 S. 190.005(1),    F.S. See, generally, s. 189.012(6), F.S.
16 2018 – 2020 Local Gov’t Formation Manual, p. 62,

https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType= Committees&CommitteeId=3025&Sessio
n=2019&DocumentType=General%20P ublications&FileName=2018-
2020%20Local%20Government%20Formation%20Manual%20Final.pdf (last visited Dec 19, 2019).
17 S. 189.012(2), F.S.
18 S. 189.012(3), F.S.
19 The Florida Legislature, Office of Economic and Demographic Research, 2019 Local Government Financial Information

Handbook, p. 1, http://edr.state.fl.us/Content/local-government/reports/lgfih19.pdf.
20 “Ad valorem tax” means a tax based upon the assessed value of property.” Section 192.001(1), F.S.
21 Art. VII, s. 1(a), Fla. Const.
22 Art. VII, s. 9(a), Fla. Const.
23 EDR, supra note 19, at 9.
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        HB 735 (2021 Regular Session)

        General law directs a number of state agencies and licensing boards to regulate certain professions
        and occupations. For example, the Department of Business and Professional Regulation (DBPR)
        currently regulates approximately 25 professions and occupations.24

        In 2021, HB 73525 was enacted, relating to preempting occupational licensing to the state. The law
        defines the following terms:
             “Local government” means a county, municipality, special district, or political subdivision of the
               state.
             “Occupation” means a paid job, profession, work, line of work, trade, employment, position,
               post, career, field, vocation, or craft.
             "Licensing" means any training, education, test, certification, registration, or license that is
               required for a person to perform an occupation along with any associated fee.

        The law expressly preempts occupational licensing to the state. This preemption supersedes any local
        government licensing requirement of occupations unless:
            The licensing of occupations by local governments is authorized by general law; or
            The local licensing scheme for an occupation was imposed before July 1, 2021. However, any
               such local licensing scheme expires on July 1, 2023.

        The law provides that any local licensing of an occupation not authorized under the provisions of the bill
        or otherwise authorized by general law does not apply and may not be enforced. For example, Florida
        law specifically authorizes local regulations relating to:
             Zoning and land use;
             The levy of “reasonable business, professional, and occupational regulatory fees,
                commensurate with the cost of the regulatory activity, including consumer protection, on such
                classes of businesses, professions, and occupations, the regulation of which has not been
                preempted by the state or a county pursuant to a county charter”;26
             The levy of local business taxes;27
             Building code inspection fees;28
             Tattoo establishments;29
             Massage practices;30
             Child care facilities;31
             Taxis and other vehicles for hire;32 and
             Waste and sewage collection.33

        Additionally, Florida law specifically preempts local regulation with regard to the following:
            Zoning of family day care homes;34
            Zoning of community residential homes;35
            Pest control;36

24 S. 20.165, F.S.
25 Ch. 2021-214,   L.O.F.
26 S. 166.221, F.S.
27 Ch. 205, F.S.
28 S. 166.222, F.S.
29 S. 381.00791, F.S.
30 S. 480.052, F.S.
31 S. 402.306, F.S
32 S. 125.01(1)(n), F.S.
33 S. 125.01(1)(k), F.S.
34 S. 125.0109, F.S.
35 S. 419.001, F.S.
36 S. 482.242(1), F.S.
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                Assessing local fees in certain circumstances for contractors; 37
                Assessing local fees for low-voltage alarm system projects;38
                Public lodging establishments and public food service establishments; 39
                Food trucks;40
                Mobile home parks, lodging parks, recreational vehicle parks, and recreational camps;41
                Beekeeping;42
                Nonresidential farm buildings, farm fences and farm signs;43
                Insurers and agents;44
                Sellers of travel;45
                Movers of household goods and moving brokers;46
                Tobacco and nicotine products;47
                Firearms, weapons, and ammunition;48
                Employment benefits;49
                Polystyrene products;50 and
                Disposable plastic bags.51

         Construction Professional Licenses

         Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
         construction contracting, and part II addressing the licensure and regulation of electrical and alarm
         system contracting.

         Construction contractors are either certified or registered by the Construction Industry Licensing Board
         (CILB) housed within DBPR. The CILB consists of 18 members who are appointed by the Governor
         and confirmed by the Senate. The CILB meets to approve or deny applications for licensure, review
         disciplinary cases, and conduct informal hearings relating to discipline. 52

         "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.53

         “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.



37 S. 553.80(7)(d), F.S.
38 S. 489.503(14), F.S.
39 S. 509.032, F.S.
40 S. 509.102, F.S.
41 S. 513.051, F.S.
42 Ss. 586.10(1) & 586.055, F.S.
43 S. 604.50, F.S.
44 S. 624.401(3), F.S.
45 S. 559.939
46 S. 507.13, F.S.
47 Ch. 569, F.S., and s. 386.209, F.S.
48 S. 790.33(1), F.S.
49 S. 218.077, F.S.
50 S. 500.90, F.S.
51 S. 403.7033, F.S.
52 S. 489.107, F.S.
53 S. 489.105, F.S.
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         “Registered contractors” are individuals that have taken and passed a local competency examination
         and can practice the specific category of contracting for which he or she is approved, only in the local
         jurisdiction for which the license is issued.54

         The CILB licenses the following types of contractors: 55

                           Statutory Licenses                                 Specialty Licenses

                  Air Conditioning- Classes A, B, and C               Drywall
                  Building                                            Demolition
                  General                                             Gas Line
                  Internal Pollutant Storage Tank Lining              Glass and Glazing
                   Applicator                                          Industrial Facilities
                  Mechanical                                          Irrigation
                  Plumbing                                            Marine
                  Pollutant Storage Systems                           Residential Pool/Spa Servicing
                  Pool/Spa- Classes A, B, and C                       Solar Water Heating
                  Precision Tank Tester                               Structure
                  Residential                                         Swimming Pool Decking
                  Roofing                                             Swimming Pool Excavation
                  Sheet Metal                                         Swimming Pool Finishes
                  Solar                                               Swimming Pool Layout
                  Underground Excavation                              Swimming Pool Piping
                                                                       Swimming Pool Structural
                                                                       Swimming Pool Trim
                                                                       Tower

         Current law provides that local jurisdictions may approve or deny applications for licensure as a
         registered contractor, review disciplinary cases, and conduct informal hearings relating to discipline of
         registered contractors licensed in their jurisdiction.56 Local governments may only collect licensing fees
         that cover the cost of regulation.57

         Locally registered contractors that are required to hold a contracting license to practice their profession
         in accordance with state law must register with DBPR after obtaining a local license. However, persons
         holding a local construction license whose job scope does not substantially correspond to the job scope
         of a certified contractor or a certified specialty contractor are not required to register with DBPR. 58

         Electrical contractors, alarm system contractors, and electrical specialty contractors are certified or
         registered under the Electrical Contractors’ Licensing Board (ECLB). Certified contractors can practice
         statewide and are licensed and regulated by ECLB. Registered contractors are licensed and regulated
         by a local jurisdiction and may only practice within that locality.59

         Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
         phase of electrical contracting, such as electrical signs. The ECLB creates electrical certified specialty
         contractor licenses through rulemaking. Certified electrical specialty contractors can practice statewide.
         The ECLB has created the following certified specialty contractor licenses:
             Lighting maintenance specialty contractor;


54 S. 489.103,   F.S.
55 S. 489.105(a)-(q),   F.S.; R. 61G4-15.015-.040, F.A.C.
56 Ss. 489.117 and 489.131, F.S.
57 EDR, supra note 19, at 9.
58 Ss. 489.105 and 489.117(4),    F.S.
59 See generally   s. 489.505, F.S.
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                Sign specialty electrical contractor;
                Residential electrical contractor;
                Limited energy systems specialty contractor; and
                Utility line electrical contractor.60

        HB 735 specifically preempted local licensing that is outside the scope of state contractor licensing
        provisions. Specifically, it provided that a county or municipality may not require a license for a person
        whose job scope does not substantially correspond to a contractor category licensed by the CILB after
        July 1, 2023. The bill precluded counties and municipalities from requiring a license for certain job
        scopes, including, but not limited to, painting, flooring, cabinetry, interior remodeling, handyman
        services, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo
        installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation.

        The law also expressly authorized counties and municipalities to issue journeyman licenses in the
        plumbing, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades,
        which is the current practice by counties and municipalities. The licensing of those specific local
        journeyman licenses is exempt from preemption.

        Since the law was enacted, certain local jurisdictions and local contractors have noted issues with the
        law and its enforcement. For example, some local jurisdictions will no longer continue to license certain
        types of contractors, even though those contractors perform work that corresponds to a state license
        and ch. 489, F.S., provides authority to do so.61

        Some have stated that local enforcement agencies are not allowing unlicensed professionals to pull
        permits for work that is outside of the scope of contracting, but previously required a local license. 62
        However, current law does not require a professional license to pull a permit for such work.

        Florida Building Code

        In response to the destruction of Hurricane Andrew, in 1998, the Legislature approved a single state
        building code and enhanced the oversight role of the state over local code enforcement. In 2000, the
        Legislature authorized the implementation of the Building Code (Code), and that first edition replaced
        all local codes on March 1, 2002, making it the first statewide building code in the United States.63

        The “Florida Building Codes Act” was created to provide a mechanism for the uniform adoption,
        updating, interpretation, and enforcement of a single, unified state Code. The Code must be applied,
        administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.64

        The Florida Building Commission (Building Commission) was statutorily created to implement the
        Code. The Building Commission, which is housed within DBPR, is a 19-member technical body made
        up of design professionals, contractors, and government experts in various disciplines covered by the
        Code. The Building Commission reviews several International Codes published by the International
        Code Council, the National Electric Code, and other nationally adopted model codes (model codes) to
        determine if the Code needs to be updated and adopts an updated Code every three years. 65




60 S. 489.505(19),   & 489.511(4), F.S; Rule 61G6-7.001, F.A.C.
61 Lee County, Contractor Licensing, https://www.leegov.com/dcd/ContLic (last visited Mar. 19, 2023).
62 Patrick Fraser and Gabby Hernandez,   WSVN-TVSunbeam Television Corp, 7 News Miami, July 11, 2022, Confusing
state law: Licenses, https://wsvn.com/news/help-me-howard/confusing-state-law-licenses/ (last visited Mar. 19, 2023).
63 Id.
64 See s. 553.72(1), F.S.
65 Ss. 553.73 and 553.74, F.S.
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        Local Enforcement of the Florida Building Code

        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. 66
        Every local government must enforce the Building Code and issue building permits. 67 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, upon the payment of reasonable fees as set
        forth in a schedule of fees adopted by the enforcing agency. 68

        Areas of Critical State Concern

        The Areas of Critical State Concern Program is intended to protect resources and public facilities of
        major statewide significance, within designated geographic areas, from uncontrolled development that
        would cause substantial deterioration of such resources. The Department of Economic Opportunity
        reviews all local development projects within the designated areas and is responsible for reviewing and
        approving amendments to comprehensive plans and land development regulations proposed and
        adopted by local governments within the designated areas.69

        Designated areas of critical state concern are:70
            Big Cypress Area (portions of Collier, Miami-Dade, and Monroe Counties).
            Green Swamp Area (portions of Polk and Lake Counties).
            City of Key West and the Florida Keys Areas (Monroe County).
            Apalachicola Bay Area (Franklin County).

        Effect of the Bill

        The bill extends the expiration date for local licensing without general law authority to January 1, 2024,
        from July , 2023.

        The bill requires the CILB, by January 1, 2024, to, by rule, establish certified specialty contractor
        categories for voluntary licensure for all of the following:
             Structural aluminum or screen enclosures.
             Marine seawall work.
             Marine bulkhead work.
             Marine dock work.
             Marine pile driving.
             Structural masonry.
             Structural prestressed, precast concrete work.
             Rooftop solar heating installation.
             Structural steel.
             Window and door installation, including garage door installation and hurricane or windstorm
                protection.
             Plaster and lath.




66 S. 553.72, F.S.
67 Ss. 125.01(1)(bb),   125.56(1), and 553.80(1), F.S.
68 Ss. 125.56(4)(a)   and 553.79(1), F.S.
69 S. 380.05, F.S.; Department of Economic Opportunity, Areas of Critical State Concern Program,

https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-cont ents/areas-of-
critical-state-concern (last visited Apr. 18, 2023).
70 Id.
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        The bill provides that a local government may not require a license issued by the local government or
        DBPR for a job scope which does not substantially correspond to the job scope of one of the contractor
        or specialty contractor categories.

        The bill also prohibits local governments from requiring a license to obtain a permit for a job scope
        outside of the practice of contracting, including, but not limited to, painting, flooring, cabinetry, interior
        remodeling when the scope of the project does not include a task for which a state license is required,
        handyman services, driveway or tennis court installation, decorative stone, tile, marble, granite, or
        terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron
        installation.

        The bill allows a county that includes an area designated as an area of critical state concern to continue
        to offer a license for any job scope which requires a statewide contractor license, if the county imposed
        such a licensing requirement before January 1, 2021.

        The bill allows a local government to continue to offer a license for fence installation and erection, if the
        local government imposed such a licensing requirement before January 1, 2021.

        The bill provides that a local government may not require a license as a prerequisite to submit a bid for
        public works projects if the work to be performed does not require a license under general law.

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

    B. SECTION DIRECTORY:
        Section 1:        Amends s. 163.211, extending an expiration date.
        Section 2:        Amends s. 489.113, F.S.; relating to specialty contractors.
        Section 3:        Amends s. 489.117, F.S.; relating to local licensing requirements.
        Section 4:        Provides an effective date.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            The bill may increase revenues due to an increase of specialty contractors licensed by DBPR.

        2. Expenditures:
            The bill may have an increase in regulatory expenditures related to creating new specialty licenses
            including updates to the department’s licensing document management and online portal and an
            increase in workload. These expenditures can be absorbed within existing resources. 71

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.


71 Florida Department   of Business and Professional Regulation, Agency Analysis of 2023 House Bill 1383, pp. 5 and 7
(Mar. 8, 2023).
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   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Indeterminant. Private sector impacts will fluctuate based on how many citizens apply for the new
       licenses and how many local governments require a local license to perform the work outlined 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 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 requires significant rulemaking to create specified specialty licenses. The CILB has authority to
       do so.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On April 18, 2023, the State Administration & Technology Appropriations Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute. The committee substitute:
    Extended the expiration date for local licensing to January 1, 2024.
    Added “plaster and lath” to the list of new specialty licenses.
    Allowed counties in an area of critical state concern to continue certain local licensing.
    Allowed local licensing for fence installation and erection, under certain circumstances.
    Clarified what qualifies as “interior remodeling.”

This analysis is drafted to the committee substitute as passed by the State Administration & Technology
Appropriations Subcommittee.




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           CS/HB 1383                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to specialty contractors; amending s.
    3              163.211, F.S.; revising the date on which the local
    4              government licensing of certain occupations expires;
    5              amending s. 489.113, F.S.; requiring the Construction
    6              Industry Licensing Board to establish certified
    7              specialty contractor categories for voluntary
    8              licensure by a specified date; amending s. 489.117,
    9              F.S.; prohibiting local governments from imposing new
10                 licensing requirements for certain specialty
11                 contractors; authorizing a county that includes an
12                 area designated as an area of critical state concern
13                 to offer a licensure for certain job scopes;
14                 authorizing certain local governments to continue to
15                 offer a license for fence installation and erection;
16                 prohibiting a local government from requiring a
17                 license as a prerequisite to submit a bid for public
18                 works projects under certain conditions; providing an
19                 effective date.
20
21         Be It Enacted by the Legislature of the State of Florida:
22
23                 Section 1.         Paragraph (a) of subsection (2) of section
24         163.211, Florida Statutes, is amended to read:
25                 163.211       Licensing of occupations preempted to state. —

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        CS/HB 1383                                                                                           2023




26              (2)         PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. —The
27      licensing of occupations is expressly preempted to the state,
28      and this section supersedes any local government licensing
29      requirement of occupations with the exception of the following:
30              (a)         Any local government that imposed licenses on
31      occupations before January 1, 2021. However, any such local
32      government licensing of occupations expires on January 1, 2024
33      July 1, 2023.
34              Section 2.         Subsection (6) of section 489.113, Florida
35      Statutes, is amended to read:
36              489.113         Qualifications for practice; restrictions. —
37              (6)(a)        The board shall, by rule, designate those types of
38      specialty contractors which may be certified under this part.
39      The limit of the scope of work and responsibility of a specialty
40      contractor shall be established by the board by rule. However, a
41      certified specialty contractor category established by board
42      rule exists as a voluntary statewide licensing category and does
43      not create a mandatory licensing requirement. Any mandatory
44      statewide construction contracting licensure requirement may
45      only be established through specific statutory provision.
46              (b)         By January 1, 2024, the board shall, by rule,
47      establish certified specialty contractor categories for
48      voluntary licensure for all of the following:
49              1.      Structural aluminum or screen enclosures.
50              2.      Marine seawall work.

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        CS/HB 1383                                                                                           2023




51              3.      Marine bulkhead work.
52              4.      Marine dock work.
53              5.      Marine pile driving.
54              6.      Structural masonry.
55              7.      Structural prestressed, precast concrete work.
56              8.      Rooftop solar heating installation.
57              9.      Structural steel.
58              10.         Window and door installation, including garage door
59      installation and hurricane or windstorm protection.
60              11.         Plaster and lath.
61              Section 3.          Paragraph (a) of subsection (4) of section
62      489.117, Florida Statutes, is amended to read:
63              489.117        Registration; specialty contractors.—
64              (4)(a)1.           A person whose job scope does not substantially
65      correspond to either the job scope of one of the contractor
66      categories defined in s. 489.105(3)(a)-(o), or the job scope of
67      one of the certified specialty contractor categories established
68      by board rule, is not required to register with the board. A
69      local government, as defined in s. 163.211, may not require a
70      person to obtain a license, issued by the local government or
71      the state, for a job scope which does not substantially
72      correspond to the job scope of one of the contractor categories
73      defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
74      489.1455(1), or the job scope of one of the certified specialty
75      contractor categories established pursuant to s. 489.113(6). A

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        CS/HB 1383                                                                                           2023




76      local government may not require a state or local license to
77      obtain a permit for such job scopes. For purposes of this
78      section, job scopes for which a local government may not require
79      a license include, but are not limited to, painting; flooring;
80      cabinetry; interior remodeling when the scope of the project
81      does not include a task for which a state license is required ;
82      driveway or tennis court installation; handyman services;
83      decorative stone, tile, marble, granite, or terrazzo
84      installation; plastering; stuccoing; caulking; and canvas awning
85      and ornamental iron installation.
86              2.      A county that includes an area designated as an area of
87      critical state concern under s. 380.05, may offer a license for
88      any job scope which requires a contractor license under this
89      part, if the county imposed such a licensing requirement before
90      January 1, 2021.
91              3.      A local government may continue to offer a license for
92      fence installation and erection if the local government imposed
93      such a licensing requirement before January 1, 2021.
94              4.      A local government may not require a license as a
95      prerequisite to submit a bid for public works projects if the
96      work to be performed does not require a license under general
97      law.
98              Section 4.         This act shall take effect July 1, 2023.




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                               COMMERCE COMMITTEE

                             CS/HB 1383 by Rep. Trabulsy
                                Specialty Contractors

                                AMENDMENT SUMMARY
                                    April 24, 2023


Amendment 1 by Rep. Trabulsy (line 32):
  • Extends the expiration date for local licensing and the date by which DBPR must create
     new specialty licenses to July 1, 2024.
  • Adds “structural carpentry” to the list of new specialty licenses.
  • Adds “pressure washing” to the list of job scopes that do not require a contracting
     license.
  • Allows local licensing for veneer work and rooftop painting, coating, and cleaning above
     three stories to continue, under certain circumstances.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1383     (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 Trabulsy offered the following:
 3
 4          Amendment
 5          Remove lines 32-91 and insert:
 6     government licensing of occupations expires on July 1, 2024 July
 7     1, 2023.
 8          Section 2.     Subsection (6) of section 489.113, Florida
 9     Statutes, is amended to read:
10          489.113     Qualifications for practice; restrictions. —
11          (6)(a)    The board shall, by rule, designate those types of
12     specialty contractors which may be certified under this part.
13     The limit of the scope of work and responsibility of a specialty
14     contractor shall be established by the board by rule. However, a
15     certified specialty contractor category established by board
16     rule exists as a voluntary statewide licensing category and does
     611989 - h1383-line 32.docx
      Published On: 4/23/2023 9:26:10 PM
                                     Page 1 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1383    (2023)
       Amendment No. 1


17     not create a mandatory licensing requirement. Any mandatory
18     statewide construction contracting licensure requirement may
19     only be established through specific statutory provisio n.
20          (b)    By July 1, 2024, the board shall, by rule, establish
21     certified specialty contractor categories for voluntary
22     licensure for all of the following:
23          1.    Structural aluminum or screen enclosures.
24          2.    Marine seawall work.
25          3.    Marine bulkhead work.
26          4.    Marine dock work.
27          5.    Marine pile driving.
28          6.    Structural masonry.
29          7.    Structural prestressed, precast concrete work.
30          8.    Rooftop solar heating installation.
31          9.    Structural steel.
32          10.    Window and door installation, including garage door
33     installation and hurricane or windstorm protection.
34          11.    Plaster and lath.
35          12.    Structural carpentry.
36          Section 3.    Paragraph (a) of subsection (4) of section
37     489.117, Florida Statutes, is amended to read:
38          489.117    Registration; specialty contractors.—
39          (4)(a)1.     A person whose job scope does not substantially
40     correspond to either the job scope of one of the contractor
41     categories defined in s. 489.105(3)(a)-(o), or the job scope of
     611989 - h1383-line 32.docx
      Published On: 4/23/2023 9:26:10 PM
                                      Page 2 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1383   (2023)
       Amendment No. 1


42     one of the certified specialty contractor categories established
43     by board rule, is not required to register with the board. A
44     local government, as defined in s. 163.211, may not require a
45     person to obtain a license, issued by the local government or
46     the state, for a job scope which does not substantially
47     correspond to the job scope of one of the contractor categories
48     defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
49     489.1455(1), or the job scope of one of the certified specialty
50     contractor categories established pursuant to s. 489.113(6). A
51     local government may not require a state or local license to
52     obtain a permit for such job scopes. For purposes of this
53     section, job scopes for which a local government may not require
54     a license include, but are not limited to, painting; flooring;
55     cabinetry; interior remodeling when the scope of the project
56     does not include a task for which a state license is required ;
57     driveway or tennis court installation; handyman services;
58     decorative stone, tile, marble, granite, or terrazzo
59     installation; plastering; pressure washing; stuccoing; caulking;
60     and canvas awning and ornamental iron installation.
61          2.   A county that includes an area designated as an area of
62     critical state concern under s. 380.05, may offer a license for
63     any job scope which requires a contractor license under this
64     part, if the county imposed such a licensing requirement before
65     January 1, 2021.
66          3.   A local government may continue to offer a license for
     611989 - h1383-line 32.docx
      Published On: 4/23/2023 9:26:10 PM
                                   Page 3 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1383   (2023)
       Amendment No. 1


67     veneer, including aluminum or vinyl gutters, siding, soffit, or
68     fascia; rooftop painting, coating, and cleaning above three
69     stories; or




     611989 - h1383-line 32.docx
      Published On: 4/23/2023 9:26:10 PM
                                   Page 4 of 4
CS/HB 1547
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1547 Technology Transparency
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, McFarland
TIED BILLS: HB 1549     IDEN./SIM. BILLS: CS/SB 262

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

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

  2) Commerce Committee                                                               Wright             Hamon


                                                     SUMMARY ANALYSIS
Due to the growth in businesses that collect personal information for the purpose of selling targeted advertising on
the Internet, many countries and states have adopted or updated laws relating to the collection and use of personal
information. Specifically, the European Union, and states like California, Virginia, and Illinois, have enacted data
privacy laws to protect consumers’ personal information.

The bill requires certain businesses to publish a privacy policy for personal information, and defines “personal
information” as information that is linked or reasonably linkable to an identified or identifiable consumer or
household, including biometric information and unique identifiers to the consumer. The term does not include certain
public information, certain employee information, or deidentified or aggregate information.

The bill gives consumers rights related to personal information collected by certain businesses with over $1 billion in
gross annual revenues, including:
    The right to access personal information collected;
    The right to delete or correct personal information; and
    The right to opt-out of the sale or sharing of personal information.

The bill provides that online platforms predominantly accessed by children may not, except under certain situations:
    Process personal information of or profile a child.
    Collect, sell, share, or retain personal information or geolocation of a child.
    Use a child’s personal information for any unstated reason.
    Use dark patterns to obtain more information of a child than necessary.
    Use collected information to estimate age for any other reason.

The bill allows the Department of Legal Affairs (DLA) to enforce such rights by bringing an action against, and
collecting civil penalties from, online platforms or businesses that violate a consumer’s rights as provided in the bill.
A consumer whose personal information has been sold or shared after opting -out, or has been retained after a
request to delete or correct such information may also bring a cause of action on his or her own behalf.

The bill also adds “biometric information or genetic information” and “geolocation” to the definition of “personal
information” under the Florida Information Protection Act. As such, entities in possession of such information must
take reasonable measures to protect biometric and genetic information and report data breaches.

The bill provides that certain government employees may not request that a social media platform remove content
or accounts and prohibits a governmental entity from working with a social media platform for the purpose of content
moderation, with certain exceptions.

The bill has no fiscal impact on local governments, and an indeterminate fiscal impact on state government.

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: h1547b.COM
DATE: 4/23/2023
                                                             FULL ANALYSIS

                                                     I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Consumer Data Privacy – Current Situation

         Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

         FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition,
         unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce. 1
         FDUTPA was modeled after the Federal Trade Commission (FTC) Act.2

         The DLA or the Office of the State Attorney (SAO) may bring actions on behalf of consumers or
         governmental entities when it is a matter of public interest.3 The SAO may enforce violations of
         FDUTPA if the violations take place within its jurisdiction. The DLA has enforcement authority when the
         violation is multi-jurisdictional, the state attorney defers to the DLA in writing, or the state attorney fails
         to act within 90 days after a written complaint is filed.4 In certain circumstances, consumers may also
         file suit through private actions.5

         The DLA and the SAO have powers to investigate FDUTPA claims, which include: 6
             Administering oaths and affirmations;
             Subpoenaing witnesses or matter; and
             Collecting evidence.

         The DLA and the State Attorney, as enforcing authorities, may seek the following remedies:
             Declaratory judgments;
             Injunctive relief;
             Actual damages on behalf of consumers and businesses;
             Cease and desist orders; and
             Civil penalties of up to $10,000 per willful violation. 7

         FDUTPA may not be applied to certain entities in certain circumstances, including:8
           • Any person or activity regulated under laws administered by the Office of Insurance Regulation
              or the Department of Financial Services; or
           • Banks, credit unions, and savings and loan associations regulated by the Office of Financial
              Regulation or federal agencies.


         Consumer Data


1 Ch. 73-124, L.O.F.; s. 501.202, F.S.
2 D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. R EV. 1083

(Summer 2011).
3 S. 501.207(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state attorney if a

violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the violation occurs in
more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to act within a s pecified period);
see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage; State Actions for
Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida), availab le at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99 aa165b7d8ac8a485256c8300791ec1!Op
enDocument&Highlight=0,business,Division* (last visited on Mar. 25, 2023).
4 S. 501.203(2), F.S.
5 S. 501.211, F.S.
6 S. 501.206(1), F.S.
7 Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into gene ral revenue. Enforcing authorities may also

request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
8 S. 501.212(4), F.S.

STORAGE NAME: h1547b.COM                                                                                                                 PAGE: 2
DATE: 4/23/2023
        As technologies that capture and analyze data proliferate so do businesses' abilities to contextualize
        consumer data. Businesses use such data for a range of purposes, including better understanding day-
        to-day operations to increase revenue, making informed business decisions, learning about their
        customer base, and tailoring marketing strategies.9

        From consumer behavior to predictive analytics, companies regularly capture, store, and analyze large
        amounts of quantitative and qualitative data on their consumer base. Some companies have built an
        entire business model around consumer data, which may include the company are selling personal
        information to a third party or creating targeted ads for specific consumers.10

        Generally, the types of consumer data that businesses collect are: 11
           • Personal data, which includes personally identifiable information, such as Social Security
              numbers and gender, as well as identifiable information, including IP address, web browser
              cookies, and device IDs;
           • Engagement data, which details how consumers interact with a business's website, mobile
              apps, social media pages, emails, paid ads, and customer service routes;
           • Behavioral data, which includes transactional details such as purchase histories, product usage
              information, and qualitative data; and
           • Attitudinal data, which encompasses metrics on consumer satisfaction, purchase criteria,
              product desirability, and more.

        General Data Protection Regulation (European Union)

        In 2016, The European Union passed a broad data privacy law that addressed several areas of
        consumer rights and data protection called the General Data Protection Regulation (GDPR). 12 The law
        became effective in 2018 and unified the regulatory approach to data privacy across the European
        Union. The GDPR has since become a model for other data privacy laws in other countries, including
        Chile, Japan, Brazil, South Korea, Argentina, and Kenya.13

        Under the GDPR, personal data includes anything that allows a person to be identified. Individuals,
        organizations, and companies that are either “controllers” or “processors” of personal data are covered
        by the law. Controllers exercise overall control of the purposes and means of processing personal data;
        whereas processors act on behalf of, and only on the instructions of, the relevant controller. 14

        Before processing or collecting any personal data, a business must explicitly request permission from
        the subject or person to do so. The request must use clear language and is commonly referred to as a
        data “opt-in.”

        The GDPR specifically bans the use of lengthy documents filled with legalese to confuse or frustrate
        the consumer. Hiding permissions to collect and use data within a contract’s Terms and Conditions or
        Privacy Policy sections is not permissible under the GDPR. Consent must be given for a specific
        purpose and must be requested separately from other documents and policy statements. 15

        The GDPR requires companies to provide, at the data subject's request, confirmation as to whether
        personal data pertaining to them is being processed, where it is being processed, and for what



9 Max Freedman, How Businesses Are Collecting Data (And What They’re Doing With It), Business News Daily (Jun. 17, 2020)

https://www.businessnewsdaily.com/10625-businesses-collecting-data.html (last visited Mar. 25, 2023).
10 Id.
11 Id.
12 European Data Protection Supervisor, The History of the General Data Protection Regulation, https://edps.europa.eu/data-

protection/data-protection/legislation/history-general-data-protection-regulation_en (last visited Mar. 25, 2023).
13 Id.
14 Wired, What is the GDPR? The Summary Guide to GDPR Compliance in the UK, https://www.wired.co.uk/article/what-is-gdpr-uk-eu-

legislation-compliance-summary-fines-2018 (last visited Mar. 25, 2023).
15 TechRepublic, GDPR: A Cheat Sheet, https://www.techrepublic.com/article/the-eu-general-data-protection-regulation-gdpr-the-smart-

persons-guide/ (last visited Mar. 25, 2023).
STORAGE NAME: h1547b.COM                                                                                                    PAGE: 3
DATE: 4/23/2023
           purpose. A company must also provide, free of charge, a copy of the personal data being processed in
           an electronic format to the consumer.16

           Under the GDPR, a company must erase all personal data when asked to do so by the subject
           consumer. At that point, the company must cease further dissemination of the data and halt all
           processing of that consumer’s data. Valid conditions for erasure include situations where the data is no
           longer relevant, the original purpose has been satisfied, or a subject consumer withdraws consent.17

           The GDPR requires a company to provide mechanisms for a subject to receive any previously provided
           personal data in a commonly used and machine-readable format.18

           The GDPR allows private rights of action for violations of privacy rights; however, the consumer must
           prove any damages in order to receive compensation.19

           California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

           The California Consumer Privacy Act of 2018 (CCPA) was passed to give consumers more control over
           the personal information that businesses collect. This landmark law granted new privacy rights for
           California consumers, including:20
               • The right to know about the personal information a business collects, specifically about the
                   consumer, and how it is used and shared;
               • The right to delete personal information collected with some exceptions;
               • The right to opt-out of the sale of personal information; and
               • The right to non-discrimination for exercising the CCPA rights.

           The CCPA applies to for-profit businesses that do business in California that also meet any of the
           following:21
                • Have a gross annual revenue of over $25 million;
                • Buy, receive, or sell the personal information of 50,000 or more California residents,
                   households, or devices; or
                • Derive 50 percent or more of their annual revenue from selling California residents’ personal
                   information.

           Businesses must give consumers certain notices explaining their privacy practices and provide certain
           mechanisms to allow consumers to exercise their rights. 22

           The law is largely enforced by the Attorney General, and businesses are subject to fines for violating
           the law. A consumer may only bring a cause of action against a business if certain categories of
           personal information tied to his or her name have been stolen in a nonencrypted and nonredacted
           form.23 As of July 2020, approximately 50 suits had been filed pursuant to this provision. 24

           The California Privacy Rights Act (CPRA) passed in 2020 as a statewide proposition, though it is not
           effective until January 1, 2023. The CPRA amends and expands the CCPA. Specifically dealing with
           certain areas of concern with the CCPA, the CPRA created a new agency to handle complaints and
           enforcement. The CPRA changes the CCPA by:25

16 Id.
17
     Id.
18 Id.
19 Art. 82 of the GDPR.
20 State of California Department of Justice, Office of the Attorney General, California Consumer Privacy Act (CCPA),

https://oag.ca.gov/privacy/ccpa (last visited Mar. 25, 2023).
21 Cal. Civ. Code s. 1798.140.
22 Cal. Civ. Code ss. 1798.130, 1798.135.
23 Cal. Civ. Code ss. 1798.150, 1798.155.
24 Holland & Knight LLP, Litigating the CCPA in Court, Litigating the CCPA in Court | Insights | Holland & Knight (hklaw.com) (last

visited Mar. 25, 2023).
25 Ballotpedia, California Proposition 24, Consumer Personal Information Law and Agency Initiative (2020),

https://ballotpedia.org/California_Proposition_24,_Consumer_Personal_Information_Law_and_Agency_Initiative_(2020) (last visited
Mar. 25, 2023).
STORAGE NAME: h1547b.COM                                                                                                      PAGE: 4
DATE: 4/23/2023
             •    Allowing a consumer to:
                      o Prevent businesses from sharing his or her personal information;
                      o Correct inaccurate personal information; and
                      o Limit businesses’ use of “sensitive personal information”—including precise geolocation;
                          race; ethnicity; religion; genetic data; private communications; sexual orientation; and
                          specified health information;
             •    Establishing California Privacy Protection Agency to additionally enforce and implement
                  consumer privacy laws and impose fines;
             •    Changing criteria for which businesses must comply with laws by:
                      o Doubling the CCPA’s threshold number of consumers or households from 50,000 to
                          100,000, resulting in reduced applicability of the law to small and midsize businesses;
                      o Expanding applicability to businesses that generate most of their revenue from sharing
                          personal information, not merely selling it; and
                      o Extending the definition to joint ventures or partnerships composed of businesses that
                          each have at least a 40 percent interest.
             •    Prohibiting businesses’ retention of personal information for longer than reasonably necessary;
             •    Tripling maximum penalties for violations concerning consumers under age 16; and
             •    Authorizing civil penalties for theft of consumer login information.

             California Age-Appropriate Design Code Act

         In 2022, California adopted the California Age-Appropriate Design Code Act (CAADCA), an
         amendment to the CPRA,26 legislation modelled on the United Kingdom’s Age Appropriate Design
         Code,27 which requires online platforms to adhere to strict default privacy and safety settings that
         protect the best interest of children.28 CAADCA covers children under 18 years of age and will be
         effective July 1, 2024.29

         CAADCA requires certain businesses that provide an online service, product, or feature that is likely to
         be accessed by children to comply with several new requirements and restrictions, including:30
              Prohibitions on using any personal information that it knows or should know is materially
                detrimental to a child’s physical or mental health and/or wellbeing; and
              Prohibitions on obscuring user interface features to deliberately defeat consent or manipulate
                children into providing unnecessary personal information, otherwise called “dark patterns.”

         Such businesses must complete a Data Protection Impact Assessment for any new feature they wish to
         offer to the public if it is likely to be accessed by children, which will determine if any dark patterns are
         employed, if there is an asymmetrical reward, or if targeted advertisements are deployed in a way that
         could harm or exploit children.31

         Virginia Consumer Data Protection Act

         On March 2, 2021, the Virginia Consumer Data Protection Act (VCDPA) was signed into law. 32 The
         VCDPA, which becomes effective January 1, 2023, borrows from CCPA and GDPR.33 Some argue that

26 Cal. Civil Code § 1798.99.28-.35
27 5Rights Foundation, California follows UK lead as child data protection law is passed , https://5rightsfoundation.com/in-

action/california-follows-uk-lead-as-child-data-protection-law-is-passed.html (last visited Mar. 2, 2023).
28
   Office of Governor Gavin Newsome, Governor Newsom Signs First-in-Nation Bill Protecting Children’s Online Data and Privacy,
https://www.gov.ca.gov/2022/09/15/governor-newsom-signs-first-in-nation-bill-protecting-childrens-online-data-and-privacy/ (last visited
Mar. 2, 2023).
29 Cal. Civil Code § 1798.99.28-.35
30 Briana Kelly, Nelson Mullins Riley & Scarborough LLP, State of California Passes Bill to Protect Children Online, Jan. 26, 2023,

https://www.nelsonmullins.com/idea_exchange/alerts/privacy_and_data_security_alert/all/state -of-california-passes-bill-to-protect-
children-online (last visited Mar. 2, 2023).
31 Id.
32 JDSupra, Virginia’s Consumer Data Protection Act Has assed: What’s in It?, https://www.jdsupra.com/legalnews/virginia-s-consumer-

data-protection-act-1577777/ (last visited Mar. 25, 2023).
33 Sidley Austin LLP, East Coast Meet West Coast: Enter the Virginia Consumer Data Privacy Protection Act,

https://www.sidley.com/en/insights/newsupdates/2021/03/east-coast-meets-west-coast-enter-the-virginia-consumer-data-protection-act
(last visited Mar. 25, 2023).
STORAGE NAME: h1547b.COM                                                                                                       PAGE: 5
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         because Virginia was able to benefit from the experience of businesses that have spent the better part
         of the last five years implementing GDPR or CCPA, the Virginia law may be a lighter implementation
         task for companies.34

         Generally, with regard to personal data, the VCDPA grants consumers the right to access, correct,
         delete, obtain a copy of, and opt-out of the processing of personal data for the purposes of targeted
         advertising.

         VCDPA contains exceptions for certain types of data and information governed by federal law. It
         provides that the Attorney General has exclusive authority to enforce violations of the law, and does not
         provide a private cause of action to a consumer. VCDPA applies to persons conducting business in the
         state that either:
             • Control or process personal data of at least 100,000 consumers; or
             • Derive over 50 percent of gross revenue from the sale of personal data and control or process
                 personal data of at least 25,000 consumers.35

         Colorado Privacy Act

         The Colorado Privacy Act (CPA)36 was signed in to law on July 8, 2021, and is effective July 1, 2023.
         The law also borrows from the GDPR, CCPA, and VDCPA. 37

         Generally, with regard to personal data, the CPA grants a consumer the right to:38
             Access data;
             Correct data;
             Delete data; and
             Move data across different services.

         Like the CCPA and VCDPA, CPA contains exceptions for certain types of data and information
         governed by federal law. It provides that the Attorney General has exclusive authority to enforce
         violations of the law, and does not provide a private cause of action to a consumer. CPA applies to
         persons conducting business in the state that either: 39
              Control or process personal data of 100,000 or more consumers during a calendar year; or
              Derive revenue or receive discounts from the sale of personal data and control or process data
                  of at least 25,000 consumers.

         Illinois Biometric Information Privacy Act

         In 2008, Illinois adopted the Biometric Information Privacy Act (BIPA), which puts in place safeguards
         and procedures relating to the retention, collection, disclosure, and destruction of biometric information
         and specifically protects the biometric information of those in the state. It was the first state law in the
         U.S. to specifically regulate biometrics.

         Under BIPA, a private entity:40
             In possession of biometric data (defined as retina or iris scan, fingerprint, voiceprint, or scan of
               hand or face geometry) must have a written policy establishing a retention schedule and
               guidelines for permanently destroying such data;



34 Id.
35 Virginia’s Legislative Information System, Bill Summary for SB 1392, https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1392S

(last visited Mar. 25, 2023).
36 C.R.S. 1-6-1301-1313
37 The National Law Review, And Now There are Three…The Colorado Privacy Act, July 16, 2021,

https://www.natlawreview.com/article/and-now-there-are-three-colorado-privacy-
act#:~:text=Colorado%20has%20now%20joined%20California,effect%20on%20July%201%2C%202023. (last visited Mar. 25, 2023).
38 Id.
39 Id.
40 740 Ill. Comp. Stat. 14/10, 14/15 (2008).

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                 May not collect, capture, purchase, receive through trade, or otherwise obtain biometric data
                  unless it informs the subject that the data is being stored and the manner of storage, and
                  receives a written release from the subject;
                 May not profit from a person’s biometric data;
                 May not disseminate a person’s biometric data unless the subject consents, is authorized by the
                  subject, or is required by law or a valid warrant or subpoena; and
                 Must store, transmit, and protect biometric data with a reasonable standard of care and in a
                  manner as or more protective as other confidential and sensitive information.

         BIPA provides a private cause of action, with relief including: 41
             Liquidated damages of $1,000 or actual damages, whichever is greater, against a private entity
               that negligently violates BIPA;
             Liquidated damages of $5,000 or actual damages, whichever is greater, against a private entity
               that intentionally or recklessly violates BIPA;
             Reasonable attorneys' fees and costs; and
             Other relief, including an injunction, as the court deems appropriate.

         Because Illinois granted a private cause of action for violations of BIPA, there have been several
         lawsuits claiming damages for privacy and use violations, and Illinois courts have upheld the law. On
         January 25, 2019, the Illinois Supreme Court found that an individual does not need to allege an actual
         injury or adverse effect, beyond violation of their rights under BIPA, to qualify as an aggrieved party.
         Therefore, anyone whose biometric data is affected by a violation of BIPA may seek liquidated
         damages or injunctive relief under the Act.42 Court documents also tend to support the notion that an
         individual in Illinois has a valid cause of action if his or her biometric data is taken without consent by a
         private entity, including out-of-state entities, but it is subject to a finding of fact.43

         Additional States

         Connecticut and Utah recently signed similar bills to Virginia and Colorado into law. There are also 18
         other states that are actively considering data privacy bills. 44

         Federal Laws Addressing Data Privacy

         While there is no broad federal law addressing data privacy, generally, there are several industry-
         specific laws that address the need to keep certain data private or protected.

                  Health Insurance Portability and Accountability Act

         The Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 is a federal law that required
         the creation of national standards to protect sensitive patient health information from being disclosed
         without the patient’s consent or knowledge. The U.S. Department of Health and Human Services (HHS)
         issued the HIPAA Privacy Rule46 to implement the requirements of HIPAA. The HIPAA Security Rule
         protects a subset of information covered by the Privacy Rule.47

         HIPAA’s Privacy Rule protects all "individually identifiable health information" held or transmitted by a
         covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The



41 740 Ill. Comp. Stat. 14/20 (2008).
42 Rosenb ach v. Six Flags Entertainment Corporation, 2019 IL 123186.
43 Rivera v. Google, Inc., 238 F.Supp.3d 1088 (N.D. Ill. 2017).; In re Faceb ook Biometric Information Privacy Litigation, 185 F.Supp.3d

1155 (N.D. Cal. (2016).; Norb erg v. Shutterfly, Inc., 152 F.Supp.3d 1103 (N.D. Ill. 2015).
44 IAPP, US State Privacy Legislation Tracker, Mar. 17, 2023, https://iapp.org/resources/article/us-state-privacy-legislation-tracker/ (last

visited Mar. 25, 2023).
45 42 U.S.C. s. 1320.
46 45 C.F.R. ss. 160 and 164.
47 Centers for Disease Control and Prevention, Health Insurance Portability and Accountability Act of 1996 (HIPAA),

https://www.cdc.gov/phlp/publications/topic/hipaa.html (last visited Mar. 25, 2023).
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DATE: 4/23/2023
         Privacy Rule calls this information "protected health information (PHI)" from being disclosed without the
         patient’s consent or knowledge.48

         “Individually identifiable health information” is information, including demographic data, that relates to: 49
             • The individual’s past, present or future physical or mental health or condition,
             • The provision of health care to the individual, or
             • The past, present, or future payment for the provision of health care to the individual.

         The Privacy Rule excludes from protected health information employment records that a covered entity
         maintains in its capacity as an employer and education and certain other records subject to, or defined
         in, the Family Educational Rights and Privacy Act.50

         The Security Rule applies to the subset of identifiable health information a covered entity creates,
         receives, maintains, or transmits in electronic form, and is called “electronic protected health
         information” (e-PHI). The Security Rule does not apply to PHI transmitted orally or in writing. To comply
         with the Security Rule, all covered entities must do the following: 51
             • Ensure the confidentiality, integrity, and availability of all electronic protected health information;
             • Detect and safeguard against anticipated threats to the security of the information;
             • Protect against anticipated impermissible uses or disclosures; and
             • Certify compliance by their workforce.

         “Covered entities” who must abide by the Privacy Rule and the Security Rule are: 52
            • Health plans;
            • Healthcare providers;
            • Healthcare clearinghouses; and
            • Business associates.

                  Federal Policy for the Protection of Human Subjects

         The Federal Policy for the Protection of Human Subjects, or the “Common Rule,” is a rule promulgated
         by the U.S. Food and Drug Administration (FDA).53 The Common Rule governs the ethical conduct of
         research involving human subjects. Fifteen federal agencies and departments are party to this rule,
         which first came into effect in 1981. The Common Rule has not been substantively updated since
         1991.54 Among other requirements, the Common Rule mandates that researchers protect the privacy of
         subjects and maintain confidentiality of human subject data. 55

         The FDA is a member of the International Council for Harmonisation of Technical Requirements for
         Pharmaceuticals for Human Use, which brings together the regulatory authorities and pharmaceutical
         industry to develop guidelines for pharmaceutical trials. 56

                  The Fair Credit Reporting Act

         The Fair Credit Reporting Act57 (FCRA) protects information collected by consumer reporting agencies
         such as credit bureaus, medical information companies and tenant screening services. Information in a
         consumer report cannot be provided to anyone who does not have a purpose specified in the FCRA.
         Companies that provide information to consumer reporting agencies also have specific legal

48 Id.
49 45 C.F.R. s. 160.103.
50 20 U.S.C. s. 1232(g).
51 CDC, supra note 47.
52 45 C.F.R. ss. 160.102, 160.103.
53 21 C.F.R. §§ 50, 60.
54 U.S. Department of Health and Human Services, Federal Policy for the Protection of Human Subjects ('Common Rule'), Federal

Policy for the Protection of Human Subjects ('Common Rule | HHS.gov (last visited Mar. 25, 2023).
55 The University of Chicago, University Data Usage Guide, Sensitive Identifiab le Human Sub ject Research Data ,

https://dataguide.uchicago.edu/sensitive-identifiable-human-subject-research-data (last visited Mar. 25, 2023).
56 International Council for Harmonisation, https://www.ich.org/ (last visited Mar. 25, 2023).
57 15 U.S.C. s. 1681.

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DATE: 4/23/2023
         obligations, including the duty to investigate disputed information. In addition, users of the information
         for credit, insurance, or employment purposes must notify the consumer when an adverse action is
         taken on the basis of such reports.58

                  The Gramm-Leach-Bliley Act

         The Gramm-Leach-Bliley Act59 requires financial institutions, such as companies that offer consumers
         financial products or services like loans, financial or investment advice, mortgages, or insurance, to
         explain their information-sharing practices to their customers and to safeguard sensitive data.60

         The law requires that financial institutions protect information collected about individuals; it does not
         apply to information collected in business or commercial activities.

         In certain situations, consumers of a financial institution have opt-out rights from having their nonpublic
         personal information shared with third parties.61

                  Driver’s Privacy Protection Act

         The Driver’s Privacy Protection Act of 1994 (DPPA) 62 protects the privacy of personal information
         assembled by state departments of motor vehicles (DMVs).

         The DPPA prohibits the release or use by any state DMV (or any officer, employee, or contractor
         thereof) of personal information about an individual obtained by the DMV in connection with a motor
         vehicle record, subject to certain exceptions, such as for legitimate government needs. It sets penalties
         for violations and makes violators liable on a civil action to the individual to whom the released
         information pertains.63

         DPPA also requires states to obtain permission from individuals before their personal motor vehicle
         record may be sold or released to third-party marketers.64

                  Family Educational Rights and Privacy Act

         The Family Educational Rights and Privacy Act (FERPA) 65 protects the privacy of student education
         records. The law applies to all schools that receive funds under an applicable program of the U.S.
         Department of Education. FERPA gives parents certain rights with respect to their children's education
         records. These rights transfer to the student when they reach the a ge of 18 or attend a school beyond the
         high school level.

         Schools may disclose, without consent, "directory" information such as a student's name, address,
         telephone number, date and place of birth, honors and awards, and dates of attendance. However,
         schools must tell parents and eligible students about directory information and allow parents and
         eligible students a reasonable amount of time to request that the school not disclose directory
         information about them. Schools must notify parents and eligible students annually of their rights under
         FERPA.66


58 The Federal Trade Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act (last

visited Mar. 25, 2023).
59 15 U.S.C. s. 6801.
60 The Federal Trade Commission, Gramm -Leach-Bliley Act, https://www.ftc.gov/tips -advice/business-center/privacy-and-

security/gramm-leach-bliley-act (last visited Mar. 25, 2023).
61 International Association of Privacy Processionals, In Brief: The Financial Privacy Requirements of the Gramm -Leach-Bliley Act,

https://iapp.org/media/pdf/knowledge_center/brief_requirements_GLBA.pdf (last Mar. 25, 2023).
62 18 U.S.C. s. 2721.
63 Electronic Privacy Information Center, The Drivers Privacy Protection Act (DPPA) and the Privacy of Your State Motor Vehicle

Record, https://epic.org/privacy/drivers/ (last visited Mar. 25, 2023).
64 Id.
65 20 U.S.C. s. 1232(g); 34 C.F.R. s. 99.
66 United States Department of Education, Family Educational Rights and Privacy Act (FERPA),

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html (last visited Mar. 25, 2023).
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                  Children’s Online Privacy Protection Act (COPPA)

         The Children’s Online Privacy Protection Act (COPPA) 67 and its related rules regulate websites’
         collection and use of children’s information. The operator of a website or online service that is directed
         to children, or that has actual knowledge that it collects children’s personal information (covered
         entities), must comply with requirements regarding data collection and use, privacy policy notifications,
         and data security.

         A covered entity may not collect a child’s (individual under the age of 13) personal information without
         the prior, verifiable consent of his or her parent.68

         COPPA requires covered entities to:69
           • Give parents direct notice of their privacy policies, including a description of their data collection
              and sharing practices;
           • Post a clear link to their privacy policies on their home page and at each area of their website
              where they collect personal information from children;
           • Institute procedures to protect the personal information that they hold;
           • Ensure that any third party with which they share collected personal information implements the
              same protection procedures; and
           • Delete children’s personal information after the purpose for its retention has been fulfilled.

         Violations of COPPA are deemed an unfair or deceptive act or practice and may therefore be
         prosecuted by the FTC. COPPA also authorizes state attorneys general to enforce violations that affect
         residents of their states. There is no criminal prosecution or private right of action provided for under
         COPPA.70

         Effects of Social Media on Children

         Generally, social media use by children can have both positive and negative effects on their health. 71
         Some potential safety risks of social media use include:72
             Exposure to harmful or inappropriate content.
             Exposure to dangerous people.
             Cyberbullying.
             Oversharing personal information.
             Exposure to excessive advertisements.
             Privacy concerns, including the collection of data about minors.
             Identity theft or being hacked.
             Interference with sleep, exercise, homework, or family activities.

         While children generally become more attuned to social interactions as they enter adolescence, those
         who are frequent, early social media users become particularly sensitive to anticipating social risks and
         rewards from their peers, according to a study published in JAMA Pediatrics.73


67 16 C.F.R. pt. 312.
68 15 U.S.C. ss. 6502(a)-(b).
69 See, Federal Trade Commission, General Questions Ab out the COPPA Rule: What is the Children’s Online Privacy Protection Rule? ,

https://www.ftc.gov/tips -advice/business-center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Mar. 25, 2023).
70 Federal Trade Commission, General Questions Ab out the COPPA Rule: COPPA Enforcement, https://www.ftc.gov/tips -

advice/business-center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Mar. 25, 2023).
71 Mayo Clinic Staff, Teens and social media use: What's the impact?, Mayo Foundation for Medical Education and Research,

https://www.mayoclinic.org/healthy-lifestyle/tween-and-teen-health/in-depth/teens-and-social-media-use/art-20474437 (last visited Mar.
29, 2023).
72 Loyola Medicine, Social Media Safety for Kids and Teens, https://www.loyolamedicine.org/about-us/blog/social-media-safety-kids-

teens, (last visited Mar. 29, 2023)
73 Sarah D. Sparks, Preteens’’ Social Media Hab its Could Be Changing Their Brains, Education Week, Jan. 6, 2023,

https://www.edweek.org/leadership/preteens-social-media-habits-could-be-changing-their-brains/2023/01 (last visited Mar. 1, 2023);
Maria T. Maza, BS; Kara A. Fox, MA; Seh-Joo Kwon, BS; et al, Association of Hab itual Checking Behaviors on Social Media With
Longitudinal Functional Brain Development, JAMA Pediatrics, Jan. 3, 2023, https://jamanetwork.com/journals/jamapediatrics/article-
abstract/2799812 (last visited Mar. 29, 2023).
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DATE: 4/23/2023
         The researchers found that “habitual” social media users, or those who checked their social feeds 15
         times a day or more, responded quicker and more intensely to perceived good or bad emotions from
         peers, compared to students who checked once a day or less. The areas of the brain associated with
         motivation and cognitive control became more active among the habitual students when expecting
         social rewards and punishments. The students who used little social media reacted less strongly to
         social cues over the same time period.74

         Another study in the Journal of Adolescent Health found that 9- and 10-year-olds who spent hours a
         day playing video games or watching online algorithm-based videos had a higher risk of developing
         obsessive-compulsive disorders.75

         In 2021, the Wall Street Journal reported internal research showing that Instagram conducted online
         surveys, diary studies, focus groups and large-scale questionnaires, which showed that 32% of
         teenage girls reported that Instagram made them have a worse body image. Of research participants
         who experienced suicidal thoughts, 13% of British teens and 6% of American teens directly linked their
         interest in suicide to Instagram.76

         Recently, U.S. Surgeon General Vivek Murthy remarked that 13 years old is “too early” for children to
         use social media, despite most social media companies allowing 13 year olds to use their platforms. In
         early adolescence, kids are still “developing their identity, their sense of self,” Murthy said on CNN’s
         “Newsroom” on Jan. 29. He stated that “the skewed, and often distorted, environment of social media
         often does a disservice to many of those children.” 77

         However, social media can allow teens to create online identities, communicate with others, and build
         social networks, which can provide teens with valuable support, especially helping those who
         experience exclusion. Social media can expose teens to current events, allow them to interact across
         geographic barriers, and teach them about a variety of subjects, including healthy behaviors. Also,
         social media that is humorous or provides a meaningful connection to peers may help teens avoid
         depression.78

         In 2022, the Pew Research Center conducted a survey asking teens of their views on social media.
         Generally, they credit social media for helping to build stronger friendships and exposing them to a
         more diverse world, but they express concern that these sites lead to drama and social pressure. 79

         Consumer Data Privacy – Effect of the Bill

         Overview

         The bill creates s. 501.173, F.S., to establish consumer rights related to personal information, including:
             The right to access personal information collected specific to the individual consumer;
             The right to delete or correct personal information; and
             The right to opt out of the sale of sharing of personal information to third parties.

         The bill defines “personal information” as information that identifies, relates to, or describes a particular
         consumer or household, or is reasonably capable of being directly or indirectly associated or linked


74 Maria T. Maza, supra note 73.
75 Id; Jason M. Nagata, M.D., M.Sc.;Jonathan Chu; Gabriel Zamora; Caitlin R. Costello, M.D.; Stuart B. Murray, D.Clin.Psych., Ph. D.;
Fiona C. Baker, Ph.D.; Screen Time and Ob sessive-Compulsive Disorder Among Children 9–10 Years Old: A Prospective Cohort
Study; Journal of Adolescent Health, Dec. 12, 2022; https://www.jahonline.org/article/S1054-139X(22)00722-4/fulltext (last visited Mar.
29, 2023).
76 Taylor Hatmaker, Faceb ook knows Instagram harms teens. Now, its plan to open the app to kids looks worse than ever ,

TechCrunch.com, https://techcrunch.com/2021/09/16/facebook-instagram-for-kids-mosseri-wsj-teen-girls/ (last visited Mar. 29, 2023).
77 Lauraine Langreo, EducationWeek, Surgeon General: Kids Under 14 Should Not Use Social Media, Feb. 2, 2023,

https://www.edweek.org/leadership/surgeon-general-kids-under-14-should-not-use-social-media/2023/02 (last visited Mar. 29, 2023).
78 Mayo Clinic, supra note 71.
79 Pew Research Center, Teens’ Social Media Hab its and Experiences, https://www.pewresearch.org/internet/2018/11/28/teens-social-

media-habits-and-experiences/, (last visited Mar. 29, 2023).
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DATE: 4/23/2023
       with, a particular consumer or household. The term does not include public information from
       government records; or deidentified or aggregate consumer information.

       A controller that receives a verifiable consumer request to access, delete, correct, or opt-out must
       comply with such consumer request, with certain exceptions. Exceptions include those for:
           Certain small businesses;
           Businesses which only use personal information to market its own products or services; and
           Businesses which only sell or share personal information under certain federal privacy laws.

       Controllers may share personal information with a processor, even if a consumer has “opted out,” if the
       processor processes information for a controller pursuant to a written contract which limits how the
       processor uses such information.

       The DLA may bring a FDUTPA action against a controller, processor, third-party, or online platform who
       violates the provisions of the bill. As such, a controller, processor, third party or online platform may be
       subject to certain civil penalties and legal action.

       Exceptions

       The bill does not apply to the collection of personal information:
           Necessary for the sole purpose of sharing such personal information with a financial service
               provider solely to facilitate short term, transactional payment processing for the purchase of
               products or services.
           That is deidentified or aggregate consumer information.
           In compliance with federal, state, or local laws.
           In compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons
               by federal, state, or local authorities.
           In cooperation with law enforcement agencies concerning conduct or activity that the controller,
               processor, or third party reasonably and in good faith believes may violate federal, state, or
               local law.
           Used for the purpose of exercising or defending legal rights, claims, or privileges.
           Collected through the controller’s direct interactions with the consumer, if collected in
               accordance with the provisions of this section, that is used by such controller, or the processor
               that the controller directly contracts with for advertising or marketing services, to advertise or
               market products or services that are produced or offered directly by the controller. Such
               information may not be sold, shared, or disclosed unless otherwise authorized under the bill.
           Used by a controller or processor to advertise or market products or services that are produced
               or offered directly by the controller or processor as long as personal information is not sold,
               shared, or disclosed to another party outside the consumer’s direct interaction with the controller
               or processor.
           Collected by a controller of a natural person acting in the role of a job applicant, employee,
               owner, director, officer, contractor, volunteer, or intern of the controller, to the extent the
               personal information is collected and used solely within the context of the person’s role or
               former role with the controller. Personal information includes employee benefit information.
           That is the protected health information for purposes of HIPAA and related regulations, and
               patient identifying information for purposes of 42 C.F.R. Part 2, established pursuant to 42
               U.S.C. s. 290dd-2.
           Collected by an entity or business associate governed by the privacy, security, and breach
               notification rules issued by the U.S. Department of Health and Human Services in 45 C.F.R.
               parts 160 and 164, or a program or a qualified service program defined in 42 C.F.R. part 2, to
               the extent the entity, business associate, or program maintains personal information in the same
               manner as medical information or protected health information and as long as the entity,
               business associate, or program does not use personal information for targeted advertising in
               conjunction with third parties and does not sell or share personal information to a third party
               unless such sale or sharing is covered by an exception.


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DATE: 4/23/2023
              Collected for purposes of research as defined in 45 C.F.R. s. 164.501, conducted in accordance
               with the Federal Policy for the Protection of Human Subjects for purposes of 45 C.F.R. part 46,
               the good clinical practice guidelines issued by the International Council for Harmonisation of
               Technical Requirements for Pharmaceuticals for Human Use, the Federal Policy for the
               Protection for Human Subjects for purposes of 21 C.F.R. Parts 50 and 56; or personal
               information used or shared in research conducted in accordance with one or more of these
               standards.
              Created for purposes of the federal Health Care Quality Improvement Act of 1986 and related
               regulations, or patient safety work product for purposes of 42 C.F.R. part 3, established
               pursuant to 42 U.S.C. s. 299b-21 through 299b-26.
              Is deidentified in accordance with 45 C.F.R. part 164 and that is derived from individually
               identifiable health information, as described in HIPAA, or identifiable personal information,
               consistent with the Federal Policy for the Protection of Human Subjects or the human subject
               protection requirements of the FDA.
              Used only for public health activities and purposes as described in 45 C.F.R. s. 164.512.
              Collected, processed, sold, or disclosed pursuant to the federal Fair Credit Reporting Act, 15
               U.S.C. s. 1681 and implementing regulations.
              Is nonpublic personal information collected, processed, sold, or disclosed pursuant to the
               Gramm-Leach-Bliley Act, 15 U.S.C. s. 6801 et seq. and implementing regulations.
              Of a financial institution as defined in the Gramm-Leach-Bliley Act, 15 U.S.C. ss. 6801 et seq. to
               the extent the financial institution maintains personal information in the same manner as
               nonpublic personal information, and as long as such financial institution does not use personal
               information for targeted advertising in conjunction with third parties and does not sell or share
               personal information to a third party unless such sale or sharing is covered by an exception.
              Collected, processed, sold, or disclosed pursuant to the federal Driver's Privacy Protection Act
               of 1994, 18 U.S.C. ss. 2721 et. seq.
              Consisting of education information covered by the Family Educational Rights and Privacy Act,
               20 U.S.C. s. 1232(g) and 34 C.F.R. part 99.
              That is collected as part of public or peer-reviewed scientific or statistical research in the public
               interest.
              Necessary to fulfill the terms of a written warranty when such warranty was purchased by the
               consumer or the product that is warranted was purchased by the consumer. Such information
               may not be sold or shared unless otherwise authorized under the bill.
              Necessary for a product recall for a product purchased or owned by the consumer conducted in
               accordance with federal law. Such information may not be sold or shared unless otherwise
               authorized under the bill.
              Processed solely for the purpose of independently measuring or reporting advertising or content
               performance, reach, or frequency pursuant to a contract with a controller that collected personal
               information in accordance with this section. Such information may not be sold or shared unless
               otherwise authorized under the bill.
              Shared between a manufacturer of a tangible product and authorized third-party distributors or
               vendors of the product, as long as such personal information is used solely for advertising,
               marketing, or servicing the product that is acquired directly through such manufacturer and such
               authorized third-party distributors or vendors. Such personal information may not be sold or
               shared unless otherwise authorized under the bill.

       Definitions

       The bill defines the following terms:
           “Aggregate consumer information” means information that relates to a group or category of
               consumers, from which the identity of an individual consumer has been removed and is not
               reasonably capable of being directly or indirectly associated or linked with, any consumer,
               household, or device. The term does not include information about a group or category of
               consumers used to facilitate targeted advertising or the display of ads online. The term does not
               include personal information that has been deidentified.


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DATE: 4/23/2023
              "Biometric information" means an individual's physiological, biological, or behavioral
               characteristics, including an individual's deoxyribonucleic acid (DNA), that can be used, singly
               or in combination with each other or with other identifying data, to establish individual identity.
               The term includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm,
               vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a
               minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait
               patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
              "Collect" means to buy, rent, gather, obtain, receive, or access any personal information
               pertaining to a consumer by any means. The term includes, but is not limited to, actively or
               passively receiving information from the consumer or by observing the consumer's behavior or
               actions.
              "Consumer" means a natural person who resides in or is domiciled in this state, however
               identified, including by any unique identifier, who is acting in a personal capacity or household
               context. The term does not include a natural person acting on behalf of a legal entity in a
               commercial or employment context.
              "Controller" means:
                   o A sole proprietorship, partnership, limited liability company, corporation, association, or
                        legal entity that meets the following requirements:
                              Is organized or operated for the profit or financial benefit of its shareholders or
                                 owners;
                              Does business in this state;
                              Collects personal information about consumers, or is the entity on behalf of
                                 which such information is collected;
                              Determines the purposes and means of processing personal information about
                                 consumers alone or jointly with others; and
                              Has global annual gross revenues in excess of $1 billion, as adjusted in January
                                 of every odd-numbered year to reflect any increase in the Consumer Price Index.
                              Satisfies one of the following:
                                      Derives 50 percent or more of its global annual revenues from providing
                                         targeted advertising or the sale of ads online; or
                                      Operates a consumer smart speaker and voice command component
                                         service with an integrated virtual assistant connected to a cloud
                                         computing service that uses hands-free verbal activation. A consumer
                                         smart speaker and voice command component service does not include a
                                         motor vehicle or speaker or device associated with or connected to a
                                         vehicle.
                    o Any entity that controls or is controlled by controller. As used in this definition, the term
                         “control” means:
                               Ownership of, or the power to vote, more than 50 percent of the outstanding
                                  shares of any class of voting security of a controller;
                               Control in any manner over the election of a majority of the directors, or of
                                  individuals exercising similar functions; or
                               The power to exercise a controlling influence over the management of a
                                  company.
              “Deidentified” means information that cannot reasonably be used to infer information about or
               otherwise be linked to a particular consumer, provided that the controller that possesses the
               information:
                   o Takes reasonable measures to ensure that the information cannot be associated with a
                        specific consumer;
                   o Maintains and uses the information in deidentified form and not to attempt to reidentify
                        the information, except that the controller may attempt to reidentify the information solely
                        for the purpose of determining whether its deidentification processes satisfy the
                        requirements of this paragraph; and
                   o Contractually obligates any recipients of the information to comply with all the provisions
                        of this paragraph to avoid reidentifying such information.
                   o Implements business processes to prevent the inadvertent release of deidentified
                        information.
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DATE: 4/23/2023
              “Department” means the Department of Legal Affairs.
              “Device” means a physical object associated with a consumer or household capable of directly
               or indirectly connecting to the Internet.
              “Homepage” means the introductory page of an Internet website and any Internet webpage
               where personal information is collected. In the case of a mobile application, the homepage is
               the application's platform page or download page, a link within the application, such as the
               "About" or "Information" application configurations, or the settings page, and any other location
               that allows consumers to review the required notice.
              “Household” means a natural person or a group of people in this state who reside at the same
               address, share a common device or the same service provided by a controller, and are
               identified by a controller as sharing the same group account or unique identifier.
              "Personal information" means information that is linked or reasonably linkable to an identified or
               identifiable consumer or household, including geolocation, biometric information, and unique
               identifiers to the consumer. The term does not include consumer information that is:
                    o Consumer employment contract information;
                    o Deidentified or aggregate consumer information; or
                    o Publicly and lawfully available information reasonably believed to be made available to
                        the public in a lawful manner without legal restrictions:
                                     From federal, state, or local government records.
                                     By a widely distributed media source.
                                     By the consumer or by someone to whom the consumer disclosed the
                                         information unless the consumer has purposely and effectively restricted
                                         the information to a certain audience on a private account.
              “Precise geolocation data" means information from technology, such as global positioning
               system level latitude and longitude coordinates or other mechanisms, which directly identifies
               the specific location of a natural person with precision and accuracy within a radius of 1,750
               feet. The term does not include information generated by the transmission of communications or
               any information generated by or connected to advance utility metering infrastructure systems or
               equipment for use by a utility.
              “Processing” means any operation or set of operations that are performed on personal
               information or on sets of personal information, regardless of whether by automated means.
              "Processor" means a sole proprietorship, partnership, limited liability company, corporation,
               association, or other legal entity that is organized or operated for the profit or financial benefit of
               its shareholders or other owners, that processes information on behalf of a controller and to
               which the controller discloses a consumer's personal information pursuant to a written contract,
               provided that the contract prohibits the entity receiving the information from retaining, using, or
               disclosing the personal information for any purpose other than for the specific purpose of
               performing the services specified in the contract for the controller, or as authorized.
              "Sell" means to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise
               communicate orally, in writing, or by electronic or other means, a consumer's personal
               information or information that relates to a group or category of consumers by a controller to
               another controller or a third party for monetary or other valuable consideration.
              "Share" means to share, rent, release, disclose, disseminate, make available, transfer, or
               access a consumer's personal information for advertising. The term includes:
                    o Allowing a third party to advertise to a consumer based on a consumer's personal
                        information without disclosure of the personal information to the third party.
                    o Monetary transactions, nonmonetary transactions, and transactions for other valuable
                        consideration between a controller and a third party for advertising.
              “Targeted advertising” means marketing to a consumer or displaying an advertisement to a
               consumer when the advertisement is selected based on personal information used to predict
               such consumer's preferences or interests.
              "Third party" means a person who is not the controller or the processor.
              "Unique identifier" means a persistent identifier that can be used to recognize a consumer, a
               family, or a device that is linked to a consumer or a family, over time and across different
               services, including, but not limited to, a device identifier; an Internet Protocol address; cookies,
               beacons, pixel tags, mobile ad identifiers, or similar technology; a customer number, unique
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DATE: 4/23/2023
               pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic
               identifiers that can be used to identify a particular consumer, family, or device that is linked to a
               consumer or family. The term "family" means a custodial parent or guardian and any minor
               children of whom the parent or guardian has custody, or a household.
              "Verifiable consumer request" means a request made by a consumer, by a parent or guardian
               on behalf of a consumer who is a minor child, or by a person authorized by the consumer to act
               on the consumer's behalf, that the controller can reasonably verify to be the consumer, pursuant
               to rules adopted by the department. A verifiable consumer request is presumed to have been
               made when requested through an established account using the controller's established
               security features to access the account through communication features offered to consumers,
               but a controller may not require the consumer to create or have an account with the controller in
               order to make a verifiable consumer request.
              "Voice recognition feature" means the function of a device which enables the collection,
               recording, storage, analysis, transmission, interpretation, or other use of spoken words or other
               sounds.

       Controller Requirements and Consumer Data Collection Requirements and Responsibilities

       The bill provides that a controller may not collect, without the consumer's authorization, a consumer's
       precise geolocation data or personal information through the operation of a voice recognition feature.

       The bill requires a controller that operates a search engine to provide a consumer with information of
       how the controller's search engine algorithm prioritizes or deprioritizes political partisanship or political
       ideology in its search results.

       The bill requires a controller who collects personal information about a consumer to maintain an online
       privacy policy and make such policy available on its homepage. The online privacy policy must include
       the following information:
             Any Florida-specific consumer privacy rights;
             A list of the categories of personal information the controller collects or has collected about
                consumers;
             The right to request deletion or correction of certain personal information; and
             The right to opt-out of the sale or sharing to third parties.

       The bill requires a controller that collects personal information from the consumer to, at or before the
       point of collection, inform the consumer of the categories of personal information to be collected and
       the purposes for which the categories of personal information will be used.

       The bill provides that a controller may not collect additional categories of personal information or use
       personal information collected for additional purposes without providing the consumer with notice
       consistent with the requirements of the bill.

       The bill provides that a controller that collects a consumer's personal information must implement and
       maintain reasonable security procedures and practices appropriate to the nature of the personal
       information to protect the personal information from unauthorized or illegal access, destruction, use,
       modification, or disclosure. A controller shall require any processors to implement and maintain the
       same or similar security procedures and practices for personal information.

       The bill requires a controller to adopt and implement a retention schedule that prohibits the use or
       retention of personal information by the controller or processor:
            After the satisfaction of the initial purpose for which such information was collected or obtained;
            After the expiration or termination of the contract pursuant to which the information was
               collected or obtained; or
            3 years after the consumer's last interaction with the controller.

       The required retention schedule does not apply to personal information reasonably used or retained to
       do any of the following:
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DATE: 4/23/2023
           •   Fulfill the terms of a written warranty or product recall conducted in accordance with federal
               law.
           •   Provide a good or service requested by the consumer, or reasonably anticipate the request of
               such good or service within the context of a controller's ongoing business relationship with the
               consumer.
           •   Detect security threats or incidents; protect against malicious, deceptive, fraudulent,
               unauthorized, or illegal activity or access; or prosecute of those responsible for such activity or
               access.
           •   Debug to identify and repair errors that impair existing intended functionality.
           •   Engage in public or peer-reviewed scientific, historical, or statistical research in the public
               interest that adheres to all other applicable ethics and privacy laws when the controller's
               deletion of the information is likely to render impossible or seriously impair the achievement of
               such research, if the consumer has provided informed consent.
           •   Enable solely internal uses that are reasonably aligned with the expectations of the consumer
               based on the consumer's relationship with the controller or that are compatible with the context
               in which the consumer provided the information.
           •   Comply with a legal obligation, including any federal retention laws.
           •   Protect the controller's interests against existing disputes, legal action, or governmental
               investigations.
           •   Assure the physical security of persons or property.

       Consumer’s Right to Request a Copy of Personal Information Collected, Sold, or Shared

       The bill provides that a consumer has the right to request that a controller that collects personal
       information about the consumer disclose the personal information that has been collected, sold, or
       shared by or on behalf of the controller. The bill provides that a consumer has the right to request that a
       controller that collects, sells, or shares personal information about the consumer to disclose the
       following to the consumer:
            • The specific pieces of personal information which have been collected about the consumer.
            • The categories of sources from which the consumer's personal information was collected.
            • The specific pieces of personal information about the consumer which were sold or shared.
            • The third parties to which the personal information about the consumer was sold or shared.
            • The categories of personal information about the consumer which were disclosed to a
                processor.

       The bill requires a controller that collects, sells, or shares personal information about consumers to
       disclose the requested information to the consumer upon receipt of a request.

       The bill does not require a controller to retain, reidentify, or otherwise link any data that, in the ordinary
       course of business is not maintained in a manner that would be considered personal information.

       The bill requires a controller to deliver the information required or act on a verifiable consumer request
       to a consumer free of charge within 45 calendar days after receiving a verifiable consumer request. The
       response period may be extended once by 45 additional calendar days when reasonably necessary,
       provided the controller informs the consumer of any such extension within the initial 45-day response
       period and the reason for the extension. The information must be delivered in a portable and, to the
       extent technically feasible, readily usable format that allows the consumer to transmit the data to
       another entity without hindrance. A controller may provide the data to the consumer in a manner that
       does not disclose the controller's trade secrets.

       A controller is not obligated to provide information to the consumer if the consumer or a person
       authorized to act on the consumer's behalf does not provide verification of identity or verification of
       authorization to act with the permission of the consumer.

       A controller may provide personal information to a consumer at any time, but may not be required to
       provide personal information to a consumer more than twice in a 12-month period.

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       Such requirements to disclose information do not apply to personal information relating solely to
       households.

       Consumer Right to Correct or Delete Personal Information

       The bill provides that a consumer has the right to request that a controller delete any personal
       information about the consumer or about the consumer's child younger than 18 years of age which the
       controller has collected from the consumer.

       The bill requires a controller that receives a verifiable consumer request to delete the consumer's
       personal information to delete the consumer's personal information from its records and direct any
       processors to delete such information within 90 calendar days after receipt of the verifiable consumer
       request.

       A controller or a processor acting pursuant to its contract with the controller may not be required to
       comply with a consumer's request to delete the consumer's personal information if it is reasonably
       necessary for the controller or processor to maintain the consumer's personal information to do any of
       the following:
            Complete the transaction for which the personal information was collected.
            Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
            Provide a good or service requested by the consumer, or reasonably anticipate the request of
                such good or service within the context of a controller's ongoing business relationship with the
                consumer, or otherwise perform a contract between the controller and the consumer.
            Detect security threats or incidents; protect against malicious, deceptive, fraudulent,
                unauthorized, or illegal activity or access; or prosecute those responsible for such activity or
                access.
            Debug to identify and repair errors that impair existing intended functionality.
            Engage in public or peer-reviewed scientific, historical, or statistical research in the public
                interest that adheres to all other applicable ethics and privacy laws when the controller's
                deletion of the information is likely to render impossible or seriously impair the achievement of
                such research, if the consumer has provided informed consent.
            Enable solely internal uses that are reasonably aligned with the expectations of the consumer
                based on the consumer's relationship with the controller or that are compatible with the context
                in which the consumer provided the information.
            Comply with a legal obligation, including any state or federal retention laws.
            Protect the controller's interests against existing disputes, legal action, or governmental
                investigations.
            Assure the physical security of persons or property.

       The bill allows a consumer to make a request that a controller correct inaccurate personal information
       maintained by the controller about the consumer or about the consumer's child younger than 18 years
       of age. A controller that receives a verifiable consumer request to correct inaccurate personal
       information must use commercially reasonable efforts to correct such inaccurate information as
       directed by the consumer and direct any processors to correct such information within 90 calendar days
       after receipt of the verifiable consumer request. If a controller maintains a self-service mechanism to
       allow a consumer to correct certain personal information, the controller may require the consumer to
       correct his or her own personal information through such mechanism. A controller or a processor acting
       pursuant to its contract with the controller is not required to comply with a consumer's request to correct
       the consumer's personal information if it is reasonably necessary for the controller or processor to
       maintain such information to do any of the following:
            Complete the transaction for which the personal information was collected.
            Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
            Detect security threats or incidents, protect against malicious, deceptive, fraudulent,
               unauthorized, or illegal activity or access; or prosecute those responsible for such activity or
               access.
            Debug to identify and repair errors that impair existing intended functionality.
STORAGE NAME: h1547b.COM                                                                                   PAGE: 18
DATE: 4/23/2023
              Enable solely internal uses that are reasonably aligned with the expectations of the consumer
               based on the consumer's relationship with the controller or that are compatible with the context
               in which the consumer provided the information.
              Comply with a legal obligation, including any state or federal retention laws.
              Protect the controller's interests against existing disputes, legal action, or governmental
               investigations.
              Assure the physical security of persons or property.

       Consumer Right to Opt Out of the Sale or Sharing of Personal Information

       The bill provides the consumer with the right to opt out at any time and to direct a controller that sells or
       shares personal information about the consumer to third parties to not sell or share the consumer's
       personal information. This right may be referred to as the right to opt out.

       The bill requires that a controller that sells or shares personal information to third parties to provide
       notice to consumers that this information may be sold or shared and that consumers have the right to
       opt out of the sale or sharing of their personal information.

       The bill provides that a controller may not sell or share the personal information of a minor consumer if
       the controller has actual knowledge that the consumer is not 18 years of age or older. However, if a
       consumer is between 13 and 18, or if the parent or guardian of a consumer who is 12 years of age or
       younger, affirmatively authorizes the sale or sharing of such consumer's personal information, then a
       controller may sell or share such information. A controller that willfully disregards the consumer's age is
       deemed to have actual knowledge of the consumer's age. A controller that complies with the verifiable
       parental consent requirements of COPPA is deemed compliant with any obligation to obtain parental
       consent.

       The bill provides that a controller that has received direction from a consumer opting out of the sale or
       sharing of the consumer's personal information is prohibited from selling or sharing the consumer's
       personal information beginning 4 calendar days after receipt of such direction, unless the consumer
       subsequently provides express authorization for the sale or sharing of the consumer's personal
       information.

       Form to Opt Out of the Sale or Sharing of Personal Information

       The bill requires a controller, in a reasonably accessible format, to provide a clear and conspicuous link
       on the controller's Internet homepage, entitled "Do Not Sell or Share My Personal Information," to an
       Internet webpage that enables a consumer, a parent or guardian of a minor who is a consumer, or a
       person authorized by the consumer, to opt out of the sale or sharing of the consumer's personal
       information. A controller may not require a consumer to create an account in order to direct the
       controller not to sell or share the consumer's personal information.

       A controller may accept a request to opt out received through a user-enabled global privacy control,
       such as a browser plug-in or privacy setting, device setting, or other mechanism, which communicates
       or signals the consumer's choice to opt out.

       A controller must respect the consumer's decision to opt out for at least 12 months before requesting
       that the consumer authorize the sale or sharing of the consumer's personal information.

       A controller may not use any personal information collected from the consumer in connection with the
       submission of the consumer's opt-out request solely for the purposes of complying with the opt-out
       request.

       The bill allows a consumer to authorize another person to opt out of the sale or sharing of the
       consumer's personal information on the consumer's behalf, and a controller must comply with an opt-
       out request received from a person authorized by the consumer to act on the consumer's behalf,
       pursuant to rules adopted by the DLA.
STORAGE NAME: h1547b.COM                                                                                    PAGE: 19
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       Actions Related to Consumers Who Exercise Their Rights

       The bill provides that a controller may not deny goods or services to a consumer because the
       consumer exercised any of the consumer's rights under the bill.

       The bill allows a controller to charge a consumer who exercised any of the consumer's rights a different
       price or rate, or provide a different level or quality of goods or services to the consumer, but only if that
       difference is:
             Reasonably related to the value provided to the controller by the consumer's data, or
             Related to a consumer's voluntary participation in a financial incentive program, including a
               bona fide loyalty, rewards, premium features, discounts, or club card program offered by the
               controller.

       A controller may offer financial incentives, including payments to a consumer as compensation, for the
       collection, sharing, sale, or deletion of personal information if the consumer gives the controller prior
       consent that clearly describes the material terms of the financial incentive program. The consent may
       be revoked by the consumer at any time. The bill prohibits a controller from using financial incentive
       practices that are unjust, unreasonable, coercive, or usurious in nature.

       Contracts and Roles

       The bill requires that any contract between a controller and a processor must:
           • Prohibit the processor from selling, sharing, retaining, using, or disclosing the personal
                information for any purpose that violates this section;
           • Prohibit the processor from retaining, using, or disclosing the personal information other than
                for the purposes specified in the contract or agreement;
           • Prohibit the processor from combining the personal information that the processor receives
                from or on behalf of the controller with personal information that the processor receives from or
                on behalf of another person or that the processor collects from its own interaction with the
                consumer, provided that the processor may combine personal information to perform any
                purpose specified in the contract or agreement and such combination is reported to the
                controller.
           • Govern the processor's personal information processing procedures with respect to processing
                performed on behalf of the controller, including processing instructions, the nature and purpose
                of processing, the type of information subject to processing, the duration of proces sing, and the
                rights and obligations of both the controller and processor;
           • Require the processor to return or delete all personal information under the contract to the
                controller as requested by the controller at the end of the provision of services, unless retention
                of the information is required by law; and
           • Upon request of the controller, require the processor to make available to the controller all
                personal information in its possession under the contract or agreement.

       The bill provides that determining whether a person is acting as a controller or processor with respect
       to a specific processing of data is fact-based and depends upon the context in which personal
       information is to be processed. The contract between a controller and processor must reflec t their
       respective roles and relationships related to handling personal information. A processor that continues
       to adhere to a controller's instructions with respect to a specific processing of personal information
       remains a processor.

       The bill provides that a third party that has collected personal information from a controller in
       accordance with this section:
           May not sell or share personal information about a consumer unless the consumer is provided
               an opportunity by such third party to opt out under this section. Once a third party sells or
               shares personal information after providing the opportunity to opt out, the third party becomes a
               controller under this section if the entity meets the definition of controller.

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              May use such personal information from a controller to advertise or market products or services
               that are produced or offered directly by such third party.

       The bill requires a processor or third party to require any subcontractor to meet the same obligations of
       such processor or third party with respect to personal information.

       The bill provides that a processor or third party or any subcontractor thereof who violates any of the
       restrictions imposed upon it under the bill is liable or responsible for any failure to comply. A controller
       that discloses personal information to a third party or processor in compliance with the bill is not liable
       or responsible if the person receiving the personal information uses it without complying with the
       restrictions if, provided that at the time of disclosing the personal information, the controller does not
       have actual knowledge or reason to believe that the person does not intend to comply.

       The bill provides that any provision of a contract or agreement of any kind that waives or limits in any
       way a consumer's rights under the bill, including, but not limited to, any right to a remedy or means of
       enforcement, is deemed contrary to public policy and is void and unenforceable. This section does not
       prevent a consumer from declining to exercise the consumer's rights under the bill.

       Enforcement and Implementation

       The bill provides that if DLA has reason to believe that any controller, processor, or third party is in
       violation of the requirements of the bill, DLA may bring an action against such controller, processor, or
       third party for an unfair or deceptive act or practice under FDUTPA. A consumer may not bring an
       action under FDUTPA under the bill. DLA is permitted to bring an action against:
           • Any person or activity regulated under laws administered by the Office of Insurance Regulation
               or the Department of Financial Services; and
           • Banks, credit unions, and savings and loan associations regulated by the Office of Financial
               Regulation or federal agencies.

       In addition to other remedies under FDUTPA, the department may collect a civil penalty of up to
       $50,000 per violation of the bill.

       Civil penalties may be tripled if the violation involves:
            A consumer who the controller, processor or third party has actual knowledge is 18 or younger.
            Failure to delete or correct the consumer's personal information after receiving a verifiable
               consumer request or directions from a controller to delete or correct such personal information
               unless the controller, processor, or third party qualifies for an exception to the requirements to
               delete or correct such personal information.
            Continuing to sell or share the consumer's personal information after the consumer chooses to
               opt out.

       After DLA has notified a controller, processor, or third party in writing of an alleged violation, DLA may
       grant the controller, processor, or third party a 45-day period to cure the alleged violation. DLA may
       consider the number of violations, the substantial likelihood of injury to the public, or the safety of
       persons or property when determining whether to grant 45 days to cure. If the controller, processor, or
       third party cures the alleged violation to the satisfaction of DLA and provides proof, DLA may not bring
       an action for the alleged violation but in its discretion may issue a letter of guidance that indicates that
       the controller, processor, or person will not be offered a 45-day cure period for any future violations. If
       the controller, processor, or third party fails to cure the violation to the satisfaction of DLA within 45
       calendar days, DLA may bring an action against the controller, processor, or third party for the alleged
       violation. The bill clarifies that any action brought by DLA may only be brought on behalf of a Florida
       consumer.

       DLA may adopt rules to implement the bill, including standards for verifiable consumer requests,
       enforcement, data security, and authorized persons who may act on a consumer's behalf.


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       The bill requires DLA to submit a report by February 1 each year to the President of the Senate and the
       Speaker of the House of Representatives describing any actions taken by DLA to enforce the bill. The
       report must be viewable on the DLA website and include statistics and relevant information detailing:
           The number of complaints received and the categories or types of violations alleged by the
               complainant;
           The number and type of enforcement actions taken and the outcomes of such actions , including
               the amount of penalties issued and collected;
           The number of complaints resolved without the need for litigation; and
           The status of the development and implementation of rules to implement the bill.

       DLA may collaborate and cooperate with other enforcement authorities of the federal government or
       other state governments concerning consumer data privacy issues and consumer data privacy
       investigations if such enforcement authorities have restrictions governing confidentiality at least as
       stringent as the restrictions provided in this section.
       The bill provides that liability for a tort, contract claim, or consumer protection claim that is unrelated to
       an action brought under the bill does not arise solely from the failure of a controller, processor, or third
       party to comply with this section.

       The bill provides that the bill does not establish a private cause of action.

       The bill allows DLA to employ or use the legal services of outside counsel and the investigative
       services of outside personnel to fulfill the obligations of the bill.

       Jurisdiction

       For purposes of bringing an action under the bill, any controller which collects, shares, or sells the
       personal information of a Florida consumer is considered to be both engaged in substantial activities
       within Florida, and is operating, conducting, engaging in, or carrying on a business, and doing business
       in Florida; and is therefore subject to the jurisdiction of Florida courts.

       Preemption

       The bill provides that consumer data privacy is a matter of statewide concern and the bill supersedes
       all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county,
       municipality, or local agency regarding the collection, processing, sharing, or sale of consumer
       personal information by a controller or processor. The regulation of the collection, processing, sharing,
       or sale of consumer personal information by a controller or processor is preempted to the state.

       Legal Affairs Revolving Trust Fund

       The bill provides that all moneys recovered by the Attorney General for attorney fees, costs, and
       penalties in an action for a violation of the bill must be deposited in the fund in the State Treasury the
       Legal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose
       of funding investigation, prosecution, and enforcement by the Attorney General.

       Protection of Children in Online Spaces

       The bill provides the following definitions for the Protection of Children in Online Spaces Act (PCOSA):
           "Child" means a consumer or consumers who are under 18 years of age.
           "Dark pattern" means a user interface designed or manipulated with the substantial effect of
               subverting or impairing user autonomy, decision-making or choice and includes, but is not
               limited to, any practice the FTC refers to as a "dark pattern."
           "Online platform" includes social media platforms and online gaming platforms.
           "Profiling" means any form of automated processing performed on personal information to
               evaluate, analyze or predict personal aspects related to a child’s economic situation, health,
               personal preferences, interests, reliability, behavior, location or movements.

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DATE: 4/23/2023
              "Substantial harm or privacy risk to children" means the processing of personal information in a
               manner that may result in any reasonably foreseeable substantial physical injury, economic
               injury, or offensive intrusion into the privacy expectations of a reasonable child under the
               circumstances, including:
                   o Mental health disorders or associated behaviors, including the promotion or
                        exacerbation of self-harm, suicide, eating disorders, and substance use disorders;
                   o Patterns of use that indicate or encourage addiction-like behaviors;
                   o Physical violence, online bullying, and harassment;
                   o Sexual exploitation, including enticement, sex trafficking, and sexual abuse and
                        trafficking of online sexual abuse material;
                   o Promotion and marketing of narcotic drugs, tobacco products, gambling, or alcohol; and
                   o Predatory, unfair, or deceptive marketing practices, or other financial harms.

       The bill prohibits online platforms that provide an online service, product, game, or feature likely to be
       predominantly accessed by children from:
           Processing the personal information of any child if the online platform has actual knowledge
               or willfully disregards that the processing may result in substantial harm or privacy risk to
               children.
           Profiling a child unless both of the following criteria are met:
                    o The online platform can demonstrate it has appropriate safeguards in place.
                    o Either of the following is true:
                              Profiling is necessary to provide the online service, product, or feature requested
                                 and only with respect to the aspects with which the child is actively and
                                 knowingly engaged.
                              The online platform can demonstrate a compelling reason that profiling does not
                                 pose a substantial harm or privacy risk to children.
           Collecting, selling, sharing, or retaining any personal information that is not necessary to
               provide an online service, product, or feature with which a child is actively and knowingly
               engaged, unless the online platform can demonstrate a compelling reason that it does not pose
               a substantial harm or privacy risk to children.
           Use personal information of a child for any reason other than a reason for which that
               personal information was collected, unless the online platform can demonstrate a compelling
               reason that use of the personal information does not pose a substantial harm or privacy risk to
               children.
           Collect, sell, or share any precise geolocation data of children unless the collection of that
               precise geolocation data is strictly necessary for the online platform to provide the service,
               product, or feature requested and then only for the limited time that the collection of precise
               geolocation data is necessary.
           Collect any precise geolocation data of a child without providing an obvious sign to the child for
               the duration of that collection that precise geolocation data is being collected.
           Use dark patterns to lead or encourage children to provide personal information beyond what
               is reasonably expected to provide that online service, product, game, or feature, to forego
               privacy protections, or to take any action that the online platform has actual knowledge or
               willfully disregards may result in substantial harm or privacy risk to children.
           Use any personal information collected to estimate age or age range for any other purpose or
               retain that personal information longer than necessary to estimate age. Such age estimate shall
               be proportionate to the risks and data practice of an online service, product, or feature.

       The bill provides that if an online platform processes a child’s personal information in a way covered by
       PCOSA, the online platform bears the burden of demonstrating that such processing is not in violation.

       The bill provides that an online platform that violates PCOSA is subject to the same enforcement
       actions used for violations of consumer data privacy provisions. Such enforcement actions are the
       exclusive remedy and PCOSA does not establish a private cause of action.



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DATE: 4/23/2023
                                                   Com parison of Consumer Data Privacy Law s 80
        Provision                 Colorado                  Virginia            California                      European Union             2023 HB 1547
     Opt-In or Opt-Out             Opt-Out                      Opt-Out                    Opt-Out                      Opt-In                 Opt-Out
        of Sale of PI
     Opt-In or Opt-Out              Opt-In                       Opt-In                    Opt-Out                      Opt-In                    X
     of Sensitive Info.
        Processing
                                    🗸                              🗸                          🗸                           X                     🗸
       Cure Period               60 Days                        30 Days                    30 Days                                           45 Days
                              (Repeals 2025)                                                                                              (AG Discretion)

                                      🗸                            🗸
     Right to Appeal                                                                           X                          X                       X
   Denials or Requests

                                      🗸                            🗸                                                                              🗸
   Express Obligations                                                                         X                          X
   for Deidentified Data

                                      🗸                            🗸                          🗸                           🗸
   Requirement of Data                                                                                                                            X
       Assessments

                                                                                              🗸                           🗸
     Private Right of                  X                           X                                                                              X
          Action
                                                                                        Fine or actual          Actual dam ages
                                                                                          damages
       Government             Attorney General             Attorney General           Attorney General,            Information            Attorney General
   Enforcement Agency                                                                        CPPA                Commissioner
       Government            Up to $20,000 per             Up to $7,500 per            Up to $2,500 per        Up to €20 million, or     Up to $50,000 per
       Enforcement               violation                     violation                 unintentional          4% of w orldwide        violation, w hich can
        Penalties                                                                    violation, and up to      annual revenue per       be tripled in certain
                                                                                          $7,500 per                 violation             circumstances
                                                                                     intentional violation
      Operative Date               07/01/23                     01/01/23                   01/01/23                   05/25/18                07/01/23

      Applicability        Either, per y ear:            Either, per y ear:         Meets any of the           •Any E.U. business       •Global gross annual
       Thresholds          •Controls/Processes data      •Controls/Processes        f ollowing:                which processes          rev enue ov er $1 bil;
                           of at least 100,000           data of at least 100,000   •Gross ann. rev . ov er    consumer data; or        and either
           For             consumers; or                 consumers; or              $25 mill;                  •Any worldwide           •Operates a certain
    Business/Controller    •Deriv es rev enue f rom      •Deriv es ov er 50% of     •Processes 100,000 or      business that of f ers   smart speaker; or
                           sale of data f rom at least   rev . f rom sale of data   more consumers; or         goods/serv ices to or    •Deriv es 50% or more
                           25,000 consumers              f rom at least 25,000      •Deriv es at least 50%     monitors behav ior of    global annual rev enue
                                                         consumers                  or more rev . f rom data   E.U. indiv iduals        f rom data sales




         Florida Information Protection Act – Current Situation

         In 2014, Florida passed the Florida Information Protection Act (FIPA). 81 FIPA requires commercial
         covered entities 82 and government entities which hold personal information to take reasonable
         measures to protect such information and report data breaches to affected consumers. 83

         FIPA defines “personal information” as:
             Online account information, such as security questions and answers, email addresses and
               passwords;
             An individual’s first name or first initial and last name in combination with any one or more of the
               following:
                    o A social security number;
                    o A driver license or similar identity verification number issued on a government
                       document;
                    o A financial account number or credit or debit card number, in combination with any
                       required security code, access code, or password that is necessary to permit access to
                       an individual’s financial account;
                    o Any medical history information; or

80 See JDSupra, Virginia Is For Lovers…Of Data Privacy, https://www.jdsupra.com/legalnews/virginia-is-for-lovers-of-data-privacy-

3879845/ (last visited Mar. 25, 2023).
81 S. 501.171, F.S.; Fla. SB 1524 (2014) (FIPA expanded and updated Florida’s data breach disclosure laws contained in s. 817.5681,

F.S. (2013), which was adopted in 2005 and repealed in 2014.)
82 “Covered entity” means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other com mercial

entity that acquires, maintains, stores, or uses personal information. S. 501.171(1)(b), F.S.
83 Florida Office of the Attorney General, How to Protect Yourself: Data Security,

http://myfloridalegal.com/pages.nsf/Main/53D4216591361BCD85257F77004BE16C (last visited Mar. 25, 2023).
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                        o     An individual’s health insurance identification numbers. 84

         Personal information does not include information:
             About an individual that has been made publicly available by a federal, state, or local
               governmental entity; or
             That is encrypted, secured, or modified to remove elements that personally identify an individual
               or that otherwise renders the information unusable.85

          If a breach of personal information occurs, notice must be given to each individual in Florida whose
          personal information was accessed as a result of the breach. If the breach affected 500 or more
          individuals in this state, the covered entity must also provide notice to the Department of Legal Affairs
          (DLA). If the breach affected more than 1,000 individuals at a single time, credit reporting agencies
          must be notified of such breach, with certain exceptions. 86

          FIPA expressly does not provide a private cause of action, but does authorize enforcement actions by
          DLA under Florida’s Unfair and Deceptive Trade Practices Act (FDUTPA) against covered entities for
          any statutory violations.87

          In addition to the remedies provided for under FDUTPA an entity that fails to provide the required
          notification of a data breach is liable for certain civil penalties assessed on a daily basis. The civil
          penalties for failure to notify apply per breach and not per individual affected by the breach.

          Florida Information Protection Act – Effect of the Bill

          The bill amends s. 501.171, F.S., to define “biometric information” as an individual's physiological,
          biological, or behavioral characteristics that can be used, singly or in combination with each other or
          with other identifying data, to establish individual identity. The term includes, but is not limited to,
          imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which
          an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and
          keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain
          identifying information.

          The bill defines “genetic information” as an individual's deoxyribonucleic acid (DNA).

          The bill includes biometric information, genetic information, and geolocation in FIPA’s definition of
          “personal information” so that covered entities are required to notify the affected individual, DLA, and
          credit reporting agencies of a breach of such information paired with an individual’s first name or first
          initial and last name.

          The bill allows DLA to bring a FDUTPA action against a covered entity which fails to notify DLA of or an
          individual affected by a breach of biometric information, genetic information, or geolocation.

          Government Moderation of Social Media Platforms – Current Situation

          Many cities and government entities in Florida have official accounts on various social media platforms.
          Social media can be an effective platform for reaching citizens in to keep them informed about news
          and events in their communities.88

          Government entities may not censor a constituent’s post or comment based on views in public
          conversation or restrict access to their profile based solely on viewpoints based on certain


84 Id.; s. 501.171(1)(g)1., F.S.
85 S. 501.171(1)(g)2., F.S.
86 S. 501.171(3)-(6), F.S.
87 S. 501.171(9), (10), F.S.; OAG supra note 75.
88 Jessica Marabella, CivicPlus, 7 Ways to Use Social Media with Your Municipal Web site in 2019 ,

https://www.civicplus.com/blog/ce/using-social-media-with-municipal-website (last visited Mar. 25, 2023).
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         Constitutional protections. However, certain speech is not protected under the First Amendment, and
         generally may be blocked, like threats.89

         Government Moderation of Social Media Platforms – Effect of the Bill

         The bill defines the following terms:
             "Social media platform" means a form of electronic communication through which users create
                 online communities to share information, ideas, personal messages, and other content.
             "Governmental entity" means any state, county, district, authority, or municipal officer,
                 department, division, board, bureau, commission, or other separate unit of government created
                 or established by law, including, but not limited to, the Commission on Ethics, the Public Service
                 Commission, the Office of Public Counsel, and any other public or private agency, person,
                 partnership, corporation, or business entity acting on behalf of any public agency.

         The bill provides that an officer or a salaried employee of a governmental entity may not use his or her
         position or any state resources to communicate with a social media platform to request that it remove
         content or accounts from the social media platform.

         The bill prohibits a governmental entity, or an officer or a salaried employee acting on behalf of a
         governmental entity, from initiating or maintaining any agreements or working relationships with a social
         media platform for the purpose of content moderation.

         However, these restrictions do not apply if the governmental entity or an officer or a salaried employee
         acting on behalf of a governmental entity is acting as part of any of the following:
              Routine account management of the governmental entity's account.
              An attempt to remove content or an account that pertains to the commission of a crime or
                 violation of public records law.
              An investigation or inquiry related to public safety.

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

    B. SECTION DIRECTORY:
         Section 1:        Creates s. 112.23, F.S., relating to governmental social media content moderation.
         Section 2:        Creates s. 501.173, F.S., relating to consumer data privacy rights and requirements.
         Section 3:        Amends s. 501.171, F.S.; relating to FIPA and triggering requirements.
         Section 4:        Amends s. 16.53, F.S.; relating to the Legal Affairs Revolving Trust Fund.
         Section 5:        Provides an effective date.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             There may be an increase in civil penalties collected by DLA.

         2. Expenditures:
             There may be an increase of regulatory costs to DLA from implementing and enforcing the bill.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

89 ACLU Florida, Government Social Media Censorship, https://www.aclufl.org/en/know-your-rights/government-social-media-

censorship (last visited Mar 25, 2023).
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         2. Expenditures:
              None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill will require certain businesses in possession of personal information to implement mechanisms
         to effectuate the requirements of the bill, and such implementation will have a fiscal impact on such
         businesses. However, many of the businesses subject to the bill’s requirements may have already
         implemented similar privacy practices based on protections required in other states and countries.

         The bill may increase protections provided for personal information that may save consumers the
         expense of dealing with stolen personal information used to commit financial crimes. About 15 million
         consumers are victims of identity theft or fraud each year. Identity theft and fraud costs consumers
         more than $15 billion a year.

    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:
              Certain provisions may implicate Constitutional analysis based on the U.S. and Florida
              Constitutions’ Equal Protection Clause,90 and the U.S. and Florida Constitutions’ protections of the
              right to free speech.91

    B. RULE-MAKING AUTHORITY:
         DLA is given rulemaking authority in the bill to implement the bill.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.


                               IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
    On March 28, 2023, the Regulatory Reform & Economic Development Subcommittee adopted three
    amendments and reported the bill favorably as a committee substitute. The committee substitute:
        Provides that online platforms that are likely to be predominantly accessed by children may not, except
              under certain circumstances:
                 o Process personal information of or profile a child.
                 o Collect, sell, share, or retain personal information or geolocation of a child.
                 o Use a child’s personal information for any unstated reason.
                 o Use dark patterns to obtain more information of a child than necessary.
                 o Use collected information to estimate age for any other reason.
             Provides that if an online platform violates such operating requirements, such platform is liable for
              enforcement measures by the Department of Legal Affairs.
             Makes conforming changes.


90 U.S. Const. amend. XIV, and Art. I, § 2, Fla. Const.
91 U.S. Const. amend. I, and Art. I, §§ 4-5, Fla. Const.

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




STORAGE NAME: h1547b.COM                                                                           PAGE: 28
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           CS/HB 1547                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to technology transparency; creating
    3              s. 112.23, F.S.; defining terms; prohibiting officers
    4              or salaried employees of governmental entities from
    5              using their positions or state resources to make
    6              certain requests of social media platforms;
    7              prohibiting governmental entities from initiating or
    8              maintaining agreements or working relationships with
    9              social media platforms under a specified circumstance;
10                 providing exceptions; creating s. 501.173, F.S.;
11                 providing applicability; defining terms; prohibiti ng a
12                 controller from collecting certain consumer
13                 information without the consumer's authorization;
14                 requiring controllers that collect a consumer's
15                 personal information to disclose certain information
16                 regarding data collection and selling practices to the
17                 consumer at or before the point of collection;
18                 specifying that such information may be provided
19                 through a general privacy policy or through a notice
20                 informing the consumer that additional specific
21                 information will be provided upon a certain request;
22                 prohibiting controllers from collecting additional
23                 categories of personal information or using personal
24                 information for additional purposes without notifying
25                 the consumer; requiring controllers that collect

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        CS/HB 1547                                                                                           2023




26              personal information to implement reasonable security
27              procedures and practices to protect such information;
28              authorizing consumers to request controllers to
29              disclose the specific personal information the
30              controller has collected about the consumer; requiring
31              controllers to make available two or more methods for
32              consumers to request their personal information;
33              requiring controllers to provide such information free
34              of charge within a certain timeframe and in a certain
35              format upon receiving a verifiable consumer request;
36              specifying requirements for third parties with respect
37              to consumer information acquired or used; providing
38              construction; authorizing consumers to request
39              controllers to delete or correct personal information
40              collected by the controllers; providing exceptions;
41              specifying requirements for controllers to comply with
42              deletion or correction requests; authorizing consumers
43              to opt out of third-party disclosure of personal
44              information collected by a controller; prohibiting
45              controllers from selling or disclosing the personal
46              information of consumers younger than a certain age,
47              except under certain circumstances; prohibiting
48              controllers from selling or sharing a consumer's
49              information if the consumer has opted out of such
50              disclosure; prohibiting controllers from taking

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        CS/HB 1547                                                                                           2023




51              certain actions to retaliate against consumers who
52              exercise certain rights; providing applicability;
53              providing that a contract or agreement that waives or
54              limits certain consumer rights is void and
55              unenforceable; authorizing the Department of Legal
56              Affairs to bring an action under the Florida Decep tive
57              and Unfair Trade Practices Act and to adopt rules;
58              requiring the department to submit an annual report to
59              the Legislature; providing report requirements;
60              providing that controllers must have a specified
61              timeframe to cure any violations; providing
62              jurisdiction; declaring that the act is matter of
63              statewide concern; preempting the collection,
64              processing, sharing, and sale of consumer personal
65              information to the state; amending s. 501.171, F.S.;
66              revising the definition of "personal information";
67              creating s. 501.1735, F.S.; providing definitions;
68              providing requirements for online platforms that
69              provide online services, products, games, or features
70              likely to be predominantly accessed by children;
71              providing for enforcement; providing construction;
72              amending s. 16.53, F.S.; requiring that certain
73              attorney fees, costs, and penalties recovered by the
74              Attorney General be deposited in the Legal Affairs
75              Revolving Trust Fund; providing an effective date.

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         CS/HB 1547                                                                                           2023




 76
 77      Be It Enacted by the Legislature of the State of Florida:
 78
 79              Section 1.         Section 112.23, Florida Statutes, is created to
 80      read:
 81              112.23        Government-directed content moderation of social
 82      media platforms prohibited.—
 83              (1)         As used in this section, the term:
 84              (a)         "Governmental entity" means any state, county,
 85      district, authority, or municipal officer, department, division,
 86      board, bureau, commission, or other separate unit of government
 87      created or established by law, including, but not limited to,
 88      the Commission on Ethics, the Public Service Commission, the
 89      Office of Public Counsel, and any other public or private
 90      agency, person, partnership, corporation, or business entity
 91      acting on behalf of any public agency.
 92              (b)         "Social media platform" means a form of electronic
 93      communication through which users create online com munities to
 94      share information, ideas, personal messages, and other content.
 95              (2)         An officer or a salaried employee of a governmental
 96      entity may not use his or her position or any state resources to
 97      communicate with a social media platform to request that it
 98      remove content or accounts from the social media platform.
 99              (3)         A governmental entity, or an officer or a salaried
100      employee acting on behalf of a governmental entity, may not

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         CS/HB 1547                                                                                           2023




101      initiate or maintain any agreements or working relationships
102      with a social media platform for the purpose of content
103      moderation.
104              (4)         Subsections (2) and (3) do not apply if the
105      governmental entity or an officer or a salaried employee acting
106      on behalf of a governmental entity is acting as part of any of
107      the following:
108              (a)         Routine account management of the governmental
109      entity's account.
110              (b)         An attempt to remove content or an account that
111      pertains to the commission of a crime or violation of this
112      state's public records law.
113              (c)         An investigation or inquiry related to public safe ty.
114              Section 2.         Section 501.173, Florida Statutes, is created
115      to read:
116              501.173         Consumer data privacy.—
117              (1)         APPLICABILITY.—This section does not apply to:
118              (a)         Personal information collected and transmitted which
119      is necessary for the sole purpose of sharing such personal
120      information with a financial service provider solely to
121      facilitate short term, transactional payment processing for the
122      purchase of products or services.
123              (b)         Personal information collected, used, retained, sold,
124      shared, or disclosed as deidentified personal information or
125      aggregate consumer information.

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         CS/HB 1547                                                                                           2023




126              (c)         Compliance with federal, state, or local laws.
127              (d)         Compliance with a civil, criminal, or regulatory
128      inquiry, investigation, subpoena, or summons by federal, state,
129      or local authorities.
130              (e)         Cooperation with law enforcement agencies concerning
131      conduct or activity that the controller, processor, or third
132      party reasonably and in good faith believes may violate federal,
133      state, or local law.
134              (f)         Exercising or defending legal rights, claims, or
135      privileges.
136              (g)         Personal information collected through the
137      controller's direct interactions with the consumer, if collected
138      in accordance with this section, which is used by the controller
139      or the processor that the controller directly contracts with for
140      advertising or marketing services to advertise or market
141      products or services that are produced or offered directly by
142      the controller. Such information may not be sold, shared, or
143      disclosed unless otherwise authorized under this section.
144              (h)         Personal information of a person acting in the role of
145      a job applicant, employee, owner, director, officer, contractor,
146      volunteer, or intern of a controller which is collected by a
147      controller, to the extent the personal information is collected
148      and used solely within the context of the person's role or
149      former role with the controller. For purposes of this paragraph,
150      personal information includes employee benefit information.

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         CS/HB 1547                                                                                           2023




151              (i)         Protected health information for purposes of the
152      federal Health Insurance Portability and Accountability Act of
153      1996 and related regulations, and patient identifying
154      information for purposes of 42 C.F.R. part 2, established
155      pursuant to 42 U.S.C. s. 290dd-2.
156              (j)         An entity or business associate governed by the
157      privacy, security, and breach notification rules issued by the
158      United States Department of Health and Human Services in 45
159      C.F.R. parts 160 and 164, or a program or a qualified service
160      program as defined in 42 C.F.R. part 2, to the extent the
161      entity, business associate, or program maintains personal
162      information in the same manner as medical information or
163      protected health information as described in paragraph (i), and
164      as long as the entity, business associate, or program does not
165      use personal information for targeted advertising with third
166      parties and does not sell or share personal information to a
167      third party unless such sale or sharing is covered by an
168      exception under this section.
169              (k)         Identifiable private information collected for
170      purposes of research as defined in 45 C.F.R. s. 164.501
171      conducted in accordance with the Federal Policy for the
172      Protection of Human Subjects for purposes of 45 C.F.R. part 46,
173      the good clinical practice guidelines issued by the
174      International Council for Harmonisation of Technical
175      Requirements for Pharmaceuticals for Human Use, or the Federal

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         CS/HB 1547                                                                                           2023




176      Policy for the Protection for Human Subjects for purposes of 21
177      C.F.R. parts 50 and 56, or personal information used or shared
178      in research conducted in accordance with one or more of these
179      standards.
180              (l)         Information and documents created for purposes of the
181      federal Health Care Quality Improvement Act of 1986 and related
182      regulations, or patient safety work product for purposes of 42
183      C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b -21
184      through 299b-26.
185              (m)         Information that is deidentified in accordance with 45
186      C.F.R. part 164 and derived from individually identifiable
187      health information as described in the Health Insurance
188      Portability and Accountability Act of 1996, or identifiable
189      personal information, consistent with the Federal Policy for the
190      Protection of Human Subjects or the human subject protection
191      requirements of the United States Food and Drug Administration.
192              (n)         Information used only for public health activities and
193      purposes as described in 45 C.F.R. s. 164.512.
194              (o)         Personal information collected, processed, sold, or
195      disclosed pursuant to the federal Fair Credit Reporting Act, 15
196      U.S.C. s. 1681 and implementing regulations.
197              (p)         Nonpublic personal information collected, processed,
198      sold, or disclosed pursuant to the Gramm-Leach-Bliley Act, 15
199      U.S.C. s. 6801 et seq., and implementing regulations.
200              (q)         A financial institution as defined in the Gramm-Leach-

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         CS/HB 1547                                                                                           2023




201      Bliley Act, 15 U.S.C. s. 6801 et seq., to the extent the
202      financial institution maintains personal information in the same
203      manner as nonpublic personal information as described in
204      paragraph (p), and as long as such financial institution does
205      not use personal information for targeted advertising with third
206      parties and does not sell or share personal information to a
207      third party unless such sale or sharing is covered by an
208      exception under this section.
209              (r)         Personal information collected, processed, sold, or
210      disclosed pursuant to the federal Driver's Privacy Protection
211      Act of 1994, 18 U.S.C. s. 2721 et seq.
212              (s)         Education information covered by the Family
213      Educational Rights and Privacy Act, 20 U.S.C. s. 1232(g) and 34
214      C.F.R. part 99.
215              (t)         Information collected as part of public or peer-
216      reviewed scientific or statistical research in the public
217      interest and which adheres to all other applicable ethics and
218      privacy laws, if the consumer has provided informed consent.
219      Research with personal information must be subjected by the
220      controller conducting the research to additional security
221      controls that limit access to the research data to only those
222      individuals necessary to carry out the research purpose, and
223      such personal information must be subsequently deidentified.
224              (u)         Personal information disclosed for the purpose of
225      responding to an alert of a present risk of harm to a person or

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         CS/HB 1547                                                                                           2023




226      property or prosecuting those responsible for that activity.
227              (v)         Personal information disclosed when a consumer uses or
228      directs a controller to intentionally disclose information to a
229      third party or uses the controller to intentionally interact
230      with a third party. An intentional interaction occurs when the
231      consumer intends to interact with the third party, by one or
232      more deliberate interactions. Hovering over, muting, pausing, or
233      closing a given piece of content does not constitute a
234      consumer's intent to interact with a third party.
235              (w)         An identifier used for a consumer who has opted out of
236      the sale or sharing of the consumer's personal information for
237      the sole purpose of alerting processors and third parties that
238      the consumer has opted out of the sale or sharing of the
239      consumer's personal information.
240              (x)         Personal information transferred by a controller to a
241      third party as an asset that is part of a merger, acquisition,
242      bankruptcy, or other transaction in which the third party
243      assumes control of all or part of the controller, provided that
244      the information is used or shared consistently with this
245      section. If a third party materially alters how it uses or
246      shares the personal information of a consumer in a manner that
247      is materially inconsistent with the commitments or promises made
248      at the time of collection, it must provide prior notice of the
249      new or changed practice to the consumer. The notice must be
250      sufficiently prominent and robust to ensure that consumers can

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         CS/HB 1547                                                                                           2023




251      easily exercise choices consistent with this section.
252              (y)         Personal information necessary to fulfill the terms of
253      a written warranty when such warranty was purchased by the
254      consumer or the product that is warranted was purchased by the
255      consumer. Such information may not be sold or shared unless
256      otherwise authorized under this section.
257              (z)         Personal information necessary for a product recall
258      for a product purchased or owned by the consumer conducted in
259      accordance with federal law. Such information may not be sol d or
260      shared unless otherwise authorized under this section.
261              (aa)        Personal information processed solely for the purpose
262      of independently measuring or reporting advertising or content
263      performance, reach, or frequency pursuant to a contract with a
264      controller that collected personal information in accordance
265      with this section. Such information may not be sold or shared
266      unless otherwise authorized under this section.
267              (bb)        Personal information shared between a manufacturer of
268      a tangible product and authorized third-party distributors or
269      vendors of the product, as long as such personal information is
270      used solely for advertising, marketing, or servicing the product
271      that is acquired directly through such manufacturer and such
272      authorized third-party distributors or vendors. Such personal
273      information may not be sold or shared unless otherwise
274      authorized under this section.
275              (2)         DEFINITIONS.—As used in this section, the term:

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         CS/HB 1547                                                                                           2023




276              (a)         "Aggregate consumer information" means information
277      that relates to a group or category of consumers, from which the
278      identity of an individual consumer has been removed and is not
279      reasonably capable of being directly or indirectly associated or
280      linked with any consumer, household, or device. The term does
281      not include information about a group or category of consumers
282      used to facilitate targeted advertising or the display of ads
283      online. The term does not include personal information that has
284      been deidentified.
285              (b)         "Biometric information" means an individual's
286      physiological, biological, or behavioral characteristics that
287      can be used, singly or in combination with each other or with
288      other identifying data, to establish individual identity. The
289      term includes, but is not limited to, imagery of the iris,
290      retina, fingerprint, face, hand, palm, vein patterns, and voice
291      recordings, from which an identifier template, such as a
292      faceprint, a minutiae template, or a voiceprint, can be
293      extracted, and keystroke patterns or rhythms, gait patterns or
294      rhythms, and sleep, health, or exercise data that c ontain
295      identifying information.
296              (c)         "Collect" means to buy, rent, gather, obtain, receive,
297      or access any personal information pertaining to a consumer by
298      any means. The term includes, but is not limited to, actively or
299      passively receiving information from the consumer or by
300      observing the consumer's behavior or actions.

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         CS/HB 1547                                                                                           2023




301              (d)         "Consumer" means a natural person who resides in or is
302      domiciled in this state, however identified, including by any
303      unique identifier, who is acting in a personal capacity or
304      household context. The term does not include a natural person
305      acting on behalf of a legal entity in a commercial or employment
306      context.
307              (e)         "Controller" means:
308              1.      A sole proprietorship, partnership, limited liability
309      company, corporation, association, or legal entity that meets
310      the following requirements:
311              a.      Is organized or operated for the profit or financial
312      benefit of its shareholders or owners;
313              b.      Does business in this state;
314              c.      Collects personal information about consumers, or is
315      the entity on behalf of which such information is collected;
316              d.      Determines the purposes and means of processing
317      personal information about consumers alone or jointly with
318      others;
319              e.      Makes in excess of $1 billion in gross revenues, as
320      adjusted in January of every odd-numbered year to reflect any
321      increase in the Consumer Price Index; and
322              f.      Satisfies one of the following:
323              (I)         Derives 50 percent or more of its global annual
324      revenues from providing targeted advertising or the sale of ads
325      online; or

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         CS/HB 1547                                                                                           2023




326              (II)        Operates a consumer smart speaker and voice command
327      component service with an integrated virtual assistant connected
328      to a cloud computing service that uses hands-free verbal
329      activation. For purposes of this sub-sub-subparagraph, a
330      consumer smart speaker and voice command component service does
331      not include a motor vehicle or speaker or device associated with
332      or connected to a vehicle.
333              2.      Any entity that controls or is controlled by a
334      controller. As used in this subparagraph, the term "control"
335      means:
336              a.      Ownership of, or the power to vote, more than 50
337      percent of the outstanding shares of any class of voting
338      security of a controller;
339              b.      Control in any manner over the election of a majority
340      of the directors, or of individuals exercising similar
341      functions; or
342              c.      The power to exercise a controlling influence over the
343      management of a company.
344              (f)         "Deidentified" means information that cannot
345      reasonably be used to infer information about or otherwise be
346      linked to a particular consumer, provided that the controller
347      that possesses the information:
348              1.      Takes reasonable measures to ensure that the
349      information cannot be associated with a specific consumer;
350              2.      Maintains and uses the information in deidentified form

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         CS/HB 1547                                                                                           2023




351      and does not attempt to reidentify the information, except that
352      the controller may attempt to reidentify the information solely
353      for the purpose of determining whether its deidentification
354      processes satisfy the requirements of this paragraph;
355              3.      Contractually obligates any recipients of the
356      information to comply with all this paragraph to avoid
357      reidentifying such information; and
358              4.      Implements business processes to prevent the
359      inadvertent release of deidentified information.
360              (g)         "Department" means the Department of Legal Affairs.
361              (h)         "Device" means a physical object associated with a
362      consumer or household capable of directly or indirectly
363      connecting to the Internet.
364              (i)         "Genetic information" means information about an
365      individual's deoxyribonucleic acid (DNA).
366              (j)         "Homepage" means the introductory page of an Internet
367      website and any Internet webpage where personal information is
368      collected. In the case of a mobile application, the homepage is
369      the application's platform page or download page, a link within
370      the application, such as the "About" or "Information"
371      application configurations, or the settings page, and any other
372      location that allows consumers to review the notice required by
373      subsection (7), including, but not limited to, before
374      downloading the application.
375              (k)         "Household" means a natural person or a group of

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         CS/HB 1547                                                                                           2023




376      people in this state who reside at the same address, share a
377      common device or the same service provided by a controller, and
378      are identified by a controller as sharing the same group account
379      or unique identifier.
380              (l)         "Personal information" means information that is
381      linked or reasonably linkable to an identified or identifiable
382      consumer or household, including biometric information, genetic
383      information, and unique identifiers to the consumer.
384              1.      The term includes, but is not limited to, the
385      following:
386              a.      Identifiers such as a real name, alias, postal address,
387      unique identifier, online identifier, internet protocol address,
388      email address, account name, social security number, driver
389      license number, passport number, or other similar identifiers.
390              b.      Information that identifies, relates to, or describes,
391      or could be associated with, a particular individual, including,
392      but not limited to, a name, signature, social security number,
393      physical characteristics or description, address, location,
394      telephone number, passport number, driver license or state
395      identification card number, insurance policy number, education,
396      employment, employment history, bank account number, credit card
397      number, debit card number, or any other financial information,
398      medical information, or health insurance information.
399              c.      Characteristics of protected classifications under
400      state or federal law.

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         CS/HB 1547                                                                                           2023




401              d.      Commercial information, including records of personal
402      property, products or services purchased, obtained, or
403      considered, or other purchasing or consuming histories or
404      tendencies.
405              e.      Biometric information.
406              f.      Internet or other electronic network activity
407      information, including, but not limited to, browsing history,
408      search history, and information regarding a consumer's
409      interaction with an Internet website, application, or
410      advertisement.
411              g.      Geolocation data.
412              h.      Audio, electronic, visual, thermal, olfactory, or
413      similar information.
414              i.      Inferences drawn from any of the information identif ied
415      in this paragraph to create a profile about a consumer
416      reflecting the consumer's preferences, characteristics,
417      psychological trends, predispositions, behavior, attitudes,
418      intelligence, abilities, and aptitudes.
419              2.      The term does not include consumer information that is:
420              a.      Consumer employment contact information, including a
421      position name or title, employment qualifications, emergency
422      contact information, business telephone number, business
423      electronic mail address, employee benefit information, and
424      similar information used solely in an employment context.
425              b.      Deidentified or aggregate consumer information.

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         CS/HB 1547                                                                                           2023




426              c.      Publicly and lawfully available information reasonably
427      believed to be made available to the general public in a lawful
428      manner and without legal restrictions:
429              (I)         From federal, state, or local government records.
430              (II)        By a widely distributed media source.
431              (III)        By the consumer or by someone to whom the consumer
432      disclosed the information unless the consumer has purposely and
433      effectively restricted the information to a certain audience on
434      a private account.
435              (m)         "Precise geolocation data" means information from
436      technology, such as global positioning system level latitude and
437      longitude coordinates or other mechanisms, which directly
438      identifies the specific location of a natural person with
439      precision and accuracy within a radius of 1,750 feet. The term
440      does not include information generated by the transmission of
441      communications or any information generated by or connected to
442      advance utility metering infrastructure systems or equipment for
443      use by a utility.
444              (n)         "Processing" means any operation or set of operations
445      performed on personal information or on sets of personal
446      information, regardless of whether by automated means.
447              (o)         "Processor" means a sole proprietorship, partnership,
448      limited liability company, corporation, association, or other
449      legal entity that is organized or operated for the profit or
450      financial benefit of its shareholders or other owners, that

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         CS/HB 1547                                                                                           2023




451      processes information on behalf of a controller and to which the
452      controller discloses a consumer's personal information pursuant
453      to a written contract, provided that the contract prohibits the
454      entity receiving the information from retaining, using, or
455      disclosing the personal information for any purpose other than
456      for the specific purpose of performing the services specified in
457      the contract for the controller, as authorized by this section.
458              (p)         "Sell" means to sell, rent, release, disclose,
459      disseminate, make available, transfer, or otherwise communicate
460      orally, in writing, or by electronic or other means, a
461      consumer's personal information or information that relates to a
462      group or category of consumers by a controller to another
463      controller or a third party for monetary or other val uable
464      consideration.
465              (q)         "Share" means to share, rent, release, disclose,
466      disseminate, make available, transfer, or access a consumer's
467      personal information for advertising or marketing. The term
468      includes:
469              1.      Allowing a third party to advertise or market to a
470      consumer based on a consumer's personal information without
471      disclosure of the personal information to the third party.
472              2.      Monetary transactions, nonmonetary transactions, and
473      transactions for other valuable consideration between a
474      controller and a third party for advertising or marketing.
475              (r)         "Targeted advertising" means marketing to a consumer

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         CS/HB 1547                                                                                           2023




476      or displaying an advertisement to a consumer when the
477      advertisement is selected based on personal information used to
478      predict such consumer's preferences or interests.
479              (s)         "Third party" means a person who is not a controller
480      or a processor.
481              (t)         "Unique identifier" means a persistent identifier that
482      can be used to recognize a consumer, a family, or a device that
483      is linked to a consumer or a family, over time and across
484      different services, including, but not limited to, a device
485      identifier; an Internet Protocol address; cookies, beacons,
486      pixel tags, mobile ad identifiers, or similar technology; a
487      customer number, unique pseudonym, or user alias; telephone
488      numbers, or other forms of persistent or probabilistic
489      identifiers that can be used to identify a particular consumer,
490      family, or device that is linked to a consumer or family. As
491      used in this paragraph, the term "family" means a custodial
492      parent or guardian and any minor children of whom the parent or
493      guardian has custody, or a household as defined in paragraph
494      (k).
495              (u)         "Verifiable consumer request" means a request made by
496      a consumer, by a parent or guardian on behalf of a consumer who
497      is a minor child, or by a person authorized by the consumer to
498      act on the consumer's behalf, that the controller can reasonably
499      verify to be the consumer, pursuant to rules adopted by the
500      department. A verifiable consumer request is presumed to have

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         CS/HB 1547                                                                                           2023




501      been made when requested through an established account using
502      the controller's established security features to access the
503      account through communication features offered to consumers, but
504      a controller may not require the consumer to create or have an
505      account with the controller in order to make a verifiable
506      consumer request.
507              (v)         "Voice recognition feature" means the function of a
508      device which enables the collection, recording, storage,
509      analysis, transmission, interpretation, or other use of spoken
510      words or other sounds.
511              (3)         CONTROLLER REQUIREMENTS; CONSUMER DATA COLLECTION
512      REQUIREMENTS AND RESPONSIBILITIES.—
513              (a)         A controller may not collect, without the consumer's
514      authorization, a consumer's precise geolocation data or personal
515      information through the operation of a voice recognition
516      feature.
517              (b)         A controller that operates a search engine shall
518      provide a consumer with information of how the controller's
519      search engine algorithm prioritizes or deprioritizes political
520      partisanship or political ideology in its search results.
521              (c)         A controller that collects personal information about
522      consumers shall maintain an up-to-date online privacy policy and
523      make such policy available on its homepage. The online privacy
524      policy must include the following information:
525              1.      Any Florida-specific consumer privacy rights.

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         CS/HB 1547                                                                                           2023




526              2.      A list of the types and categories of personal
527      information that the controller collects, sells, or shares, or
528      has collected, sold, or shared, about consumers.
529              3.      The consumer's right to request deletion or correction
530      of certain personal information.
531              4.      The consumer's right to opt out of the sale or sharing
532      to third parties.
533              (d)         A controller that collects personal information from
534      the consumer shall, at or before the point of collection,
535      inform, or direct the processor to inform, consumers of the
536      categories of personal information to be collected and the
537      purposes for which such categories of personal information will
538      be used.
539              (e)         A controller may not collect additional categories of
540      personal information or use personal information collected for
541      additional purposes without providing the consumer with notice
542      consistent with this section.
543              (f)         A controller that collects a consumer's personal
544      information shall implement and maintain reasonable security
545      procedures and practices appropriate to the nature of the
546      personal information to protect such personal information from
547      unauthorized or illegal access, destruction, use, modification,
548      or disclosure. A controller shall require any processors to
549      implement and maintain the same or similar security procedures
550      and practices for personal information.

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         CS/HB 1547                                                                                           2023




551              (g)         A controller shall adopt and implement a retention
552      schedule that prohibits the use or retention of personal
553      information not subject to an exemption by the controller or
554      processor after the satisfaction of the initial purpose for
555      which such information was collected or obtained, after the
556      expiration or termination of the contract pursuant to which the
557      information was collected or obtained, or 2 years after the
558      consumer's last interaction with the controller. This paragraph
559      does not apply to personal information reasonably used or
560      retained to do any of the following:
561              1.      Fulfill the terms of a written warranty or product
562      recall conducted in accordance with federal law.
563              2.      Provide a good or service requested by the consumer, or
564      reasonably anticipate the request of such good or service within
565      the context of a controller's ongoing business relationship with
566      the consumer.
567              3.      Detect security threats or incidents; protect against
568      malicious, deceptive, fraudulent, unauthorized, or illegal
569      activity or access; or prosecute those responsible for such
570      activity or access.
571              4.      Debug to identify and repair errors that impair
572      existing intended functionality.
573              5.      Engage in public or peer-reviewed scientific,
574      historical, or statistical research in the public interest which
575      adheres to all other applicable ethics and privacy laws when the

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         CS/HB 1547                                                                                           2023




576      controller's deletion of the information is likely to render
577      impossible or seriously impair the achievement of such research,
578      if the consumer has provided informed consent.
579              6.      Enable solely internal uses that are reasonably aligned
580      with the expectations of the consumer based on the consumer's
581      relationship with the controller or that are compatible with the
582      context in which the consumer provided the information.
583              7.      Comply with a legal obligation, including any state or
584      federal retention laws.
585              8.      Protect the controller's interests against existing
586      disputes, legal action, or governmental investigations.
587              9.      Assure the physical security of persons or property.
588              (4)         CONSUMER RIGHT TO REQUEST COPY OF PERSONAL INFORMATION
589      COLLECTED, SOLD, OR SHARED.—
590              (a)         A consumer has the right to request that a controller
591      that collects, sells, or shares personal information about the
592      consumer disclose the following to the consumer:
593              1.      The specific pieces of personal information which have
594      been collected about the consumer.
595              2.      The categories of sources from which the consumer's
596      personal information was collected.
597              3.      The specific pieces of personal information about the
598      consumer which were sold or shared.
599              4.      The third parties to which the personal information
600      about the consumer was sold or shared.

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         CS/HB 1547                                                                                           2023




601              5.      The categories of personal information about the
602      consumer which were disclosed to a processor.
603              (b)         A controller that collects, sells, or shares personal
604      information about a consumer shall disclose the information
605      specified in paragraph (a) to the consumer upon receipt of a
606      verifiable consumer request.
607              (c)         This subsection does not require a controller to
608      retain, reidentify, or otherwise link any data that, in the
609      ordinary course of business is not maintained in a manner that
610      would be considered personal information.
611              (d)         The controller shall deliver to a consumer the
612      information required under this subsection or act on a request
613      made under this subsection by a consumer free of charge within
614      45 calendar days after receiving a verifiable consumer request.
615      The response period may be extended once by 45 additional
616      calendar days when reasonably necessary, provided the controller
617      informs the consumer of any such extension within the initial
618      45-day response period and the reason for the extension. The
619      information must be delivered in a portable and, to the extent
620      technically feasible, readily usable format that allows the
621      consumer to transmit the data to another entity without
622      hindrance. A controller may provide the data to the consumer in
623      a manner that does not disclose the controller's trade secrets.
624      A controller is not obligated to provide information to the
625      consumer if the consumer or a person authorized to act on the

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         CS/HB 1547                                                                                           2023




626      consumer's behalf does not provide verification of identity or
627      verification of authorization to act with the permission of the
628      consumer.
629              (e)         A controller may provide personal information to a
630      consumer at any time, but is not required to provide personal
631      information to a consumer more than twice in a 12-month period.
632              (f)         This subsection does not apply to personal information
633      relating solely to households.
634              (5)         RIGHT TO HAVE PERSONAL INFORMATION DELETED OR
635      CORRECTED.—
636              (a)         A consumer has the right to request that a controll er
637      delete any personal information about the consumer or about the
638      consumer's child younger than 18 years of age which the
639      controller has collected.
640              1.      A controller that receives a verifiable consumer
641      request to delete the consumer's personal information shall
642      delete the consumer's personal information from its records and
643      direct any processors to delete such information within 90
644      calendar days after receipt of the verifiable consumer request.
645              2.      A controller or a processor acting pursuant to its
646      contract with the controller may not be required to comply with
647      a consumer's request to delete the consumer's personal
648      information if it is reasonably necessary for the controller or
649      processor to maintain the consumer's personal information to do
650      any of the following:

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         CS/HB 1547                                                                                           2023




651              a.      Complete the transaction for which the personal
652      information was collected.
653              b.      Fulfill the terms of a written warranty or product
654      recall conducted in accordance with federal law.
655              c.      Provide a good or service requested by the consumer, or
656      reasonably anticipate the request of such good or service within
657      the context of a controller's ongoing business relationship with
658      the consumer, or otherwise perform a contract between the
659      controller and the consumer.
660              d.      Detect security threats or incidents; protect against
661      malicious, deceptive, fraudulent, unauthorized, or illegal
662      activity or access; or prosecute those responsible for such
663      activity or access.
664              e.      Debug to identify and repair errors that impair
665      existing intended functionality.
666              f.      Engage in public or peer-reviewed scientific,
667      historical, or statistical research in the public interest which
668      adheres to all other applicable ethics and privacy laws when the
669      controller's deletion of the information is likely to render
670      impossible or seriously impair the achievement of such research,
671      if the consumer has provided informed consent.
672              g.      Enable solely internal uses that are reasonably aligned
673      with the expectations of the consumer based on the consumer's
674      relationship with the controller or that are compatible with the
675      context in which the consumer provided the information.

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         CS/HB 1547                                                                                           2023




676              h.      Comply with a legal obligation, including any state or
677      federal retention laws.
678              i.      Protect the controller's interests against existing
679      disputes, legal action, or governmental investigations.
680              j.      Assure the physical security of persons or property.
681              (b)         A consumer has the right to request that a controller
682      correct inaccurate personal information maintained by the
683      controller about the consumer or about the consumer's child
684      younger than 18 years of age. A controller that receives a
685      verifiable consumer request to correct inaccurate personal
686      information shall use commercially reasonable efforts to correct
687      the inaccurate personal information as directed by the consumer
688      and shall direct any processors to correct such information
689      within 90 calendar days after receipt of the verifiable consumer
690      request. If a controller maintains a self-service mechanism to
691      allow a consumer to correct certain personal information, the
692      controller may require the consumer to correct their own
693      personal information through such mechanism. A controller or a
694      processor acting pursuant to its contract with the controller
695      may not be required to comply with a consumer's request to
696      correct the consumer's personal information if it is reasonably
697      necessary for the controller or processor to maintain the
698      consumer's personal information to do any of the following:
699              1.      Complete the transaction for which the personal
700      information was collected.

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         CS/HB 1547                                                                                           2023




701              2.      Fulfill the terms of a written warranty or product
702      recall conducted in accordance with federal law.
703              3.      Detect security threats or incidents; protect against
704      malicious, deceptive, fraudulent, unauthorized, or illegal
705      activity or access; or prosecute those responsible for suc h
706      activity or access.
707              4.      Debug to identify and repair errors that impair
708      existing intended functionality.
709              5.      Enable solely internal uses that are reasonably aligned
710      with the expectations of the consumer based on the consumer's
711      relationship with the controller or that are compatible with the
712      context in which the consumer provided the information.
713              6.      Comply with a legal obligation, including any state or
714      federal retention laws.
715              7.      Protect the controller's interests against existing
716      disputes, legal action, or governmental investigations.
717              8.      Assure the physical security of persons or property.
718              (6)         RIGHT TO OPT OUT OF THE SALE OR SHARING OF PERSONAL
719      INFORMATION.—
720              (a)         A consumer has the right at any time to direct a
721      controller not to sell or share the consumer's personal
722      information to a third party. This right may be referred to as
723      the right to opt out.
724              (b)         Notwithstanding paragraph (a), a controller may not
725      sell or share the personal information of a minor consumer if

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         CS/HB 1547                                                                                           2023




726      the controller has actual knowledge that the consumer is not 18
727      years of age or older. However, if a consumer who is between 13
728      and 18 years of age, or if the parent or guardian of a consumer
729      who is 12 years of age or younger, has affirmatively authorized
730      the sale or sharing of such consumer's personal information,
731      then a controller may sell or share such information in
732      accordance with this section. A controller that willfully
733      disregards the consumer's age is deemed to have actual knowledge
734      of the consumer's age. A controller that complies with the
735      verifiable parental consent requirements of the Children's
736      Online Privacy Protection Act, 15 U.S.C. s. 6501 et seq., shall
737      be deemed compliant with any obligation to obtain parental
738      consent.
739              (c)         A controller that has received direction from a
740      consumer opting out of the sale or sharing of the consumer's
741      personal information is prohibited from selling or sharing the
742      consumer's personal information beginning 4 calendar days after
743      receipt of such direction, unless the consumer subsequently
744      provides express authorization for the sale or sharing of the
745      consumer's personal information.
746              (7)         FORM TO OPT OUT OF SALE OR SHARING OF PERSONAL
747      INFORMATION.—
748              (a)         A controller shall:
749              1.      In a form that is reasonably accessible to consumers,
750      provide a clear and conspicuous link on the controller's

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         CS/HB 1547                                                                                           2023




751      Internet homepage, entitled "Do Not Sell or Share My Personal
752      Information," to an Internet webpage that enables a consumer, a
753      parent or guardian of a minor who is a consumer, or a person
754      authorized by the consumer, to opt out of the sale or sharing of
755      the consumer's personal information. A controller may not
756      require a consumer to create an account in order to direct the
757      controller not to sell or share the consumer's personal
758      information. A controller may accept a request to opt out
759      received through a user-enabled global privacy control, such as
760      a browser plug-in or privacy setting, device setting, or other
761      mechanism, which communicates or signals the consumer's choice
762      to opt out.
763              2.      For consumers who opted out of the sale or sharing of
764      their personal information, respect the consumer's decision to
765      opt out for at least 12 months before requesting that the
766      consumer authorize the sale or sharing of the consumer's
767      personal information.
768              3.      Use any personal information collected from the
769      consumer in connection with the submission of the consumer's
770      opt-out request solely for the purposes of complying with the
771      opt-out request.
772              (b)         A consumer may authorize another person to opt out of
773      the sale or sharing of the consumer's personal information on
774      the consumer's behalf pursuant to rules adopted by the
775      department.

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         CS/HB 1547                                                                                           2023




776              (8)         ACTIONS RELATED TO CONSUMERS WHO EXERCISE PRIVACY
777      RIGHTS.—
778              (a)         A controller may not deny goods or services to a
779      consumer because the consumer exercised any of the consumer's
780      rights under this section.
781              (b)         A controller may charge a consumer who exercised any
782      of the consumer's rights under this section a different price or
783      rate, or provide a different level or quality of goods or
784      services to the consumer, only if that difference is reasonably
785      related to the value provided to the controller by the
786      consumer's data or is related to a consumer's voluntary
787      participation in a financial incentive program, including a bona
788      fide loyalty, rewards, premium features, discounts, or club card
789      program offered by the controller.
790              (c)         A controller may offer financial incentives, including
791      payments to consumers as compensation, for the collection,
792      sharing, sale, or deletion of personal information if the
793      consumer gives the controller prior consent that clearly
794      describes the material terms of the financial incentive program.
795      The consent may be revoked by the consumer at any time.
796              (d)         A controller may not use financial incentive practices
797      that are unjust, unreasonable, coercive, or usurious in nature.
798              (9)         CONTRACTS AND ROLES.—
799              (a)         Any contract or agreement between a controller and a
800      processor must:

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         CS/HB 1547                                                                                           2023




801              1.      Prohibit the processor from selling, sharing,
802      retaining, using, or disclosing the personal information for any
803      purpose that violates this section;
804              2.      Prohibit the processor from retaining, using, or
805      disclosing the personal information other than for the purposes
806      specified in the contract or agreement;
807              3.      Prohibit the processor from combining the personal
808      information that the processor receives from or on behalf of the
809      controller with personal information that the processor receives
810      from or on behalf of another person or that the processor
811      collects from its own interaction with the consumer, provided
812      that the processor may combine personal information to perform
813      any purpose specified in the contract or agreement and such
814      combination is reported to the controller;
815              4.      Govern the processor's personal information processing
816      procedures with respect to processing performed on behalf of the
817      controller, including processing instructions, the nature and
818      purpose of processing, the type of information subject to
819      processing, the duration of processing, and the rights and
820      obligations of both the controller and processor;
821              5.      Require the processor to return or delete all personal
822      information under the contract to the controller as requested by
823      the controller at the end of the provision of services, unless
824      retention of the information is required by law; and
825              6.      Upon request of the controller, require the processor

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         CS/HB 1547                                                                                           2023




826      to make available to the controller all personal information in
827      its possession under the contract or agreement.
828              (b)         Determining whether a person is acting as a controller
829      or processor with respect to a specific processing of data is a
830      fact-based determination that depends upon the context in which
831      personal information is to be processed. The contract between a
832      controller and processor must reflect their respective roles and
833      relationships related to handling personal information. A
834      processor that continues to adhere to a controller's
835      instructions with respect to a specific processing of personal
836      information remains a processor.
837              (c)         A third party that has collected personal information
838      from a controller in accordance with this section:
839              1.      May not sell or share personal information about a
840      consumer unless the consumer is provided an opportunity by such
841      third party to opt out under this section. Once a third party
842      sells or shares personal information after providing the
843      opportunity to opt out, the third party becomes a controller
844      under this section if the entity meets the definition of
845      controller in subsection (2).
846              2.      May use such personal information from a controller to
847      advertise or market products or services that are produ ced or
848      offered directly by such third party.
849              (d)         A processor or third party must require any
850      subcontractor to meet the same obligations of such processor or

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         CS/HB 1547                                                                                           2023




851      third party with respect to personal information.
852              (e)         A processor or third party or any subcontractor
853      thereof who violates any of the restrictions imposed upon it
854      under this section is liable or responsible for any failure to
855      comply with this section. A controller that discloses personal
856      information to a third party or processor in compliance with
857      this section is not liable or responsible if the person
858      receiving the personal information uses it without complying
859      with the restrictions under this section if, provided that at
860      the time of disclosing the personal information, the controller
861      does not have actual knowledge or reason to believe that the
862      person does not intend to comply with this section.
863              (f)         Any provision of a contract or agreement of any kind
864      that waives or limits in any way a consumer's rights under this
865      section, including, but not limited to, any right to a remedy or
866      means of enforcement, is deemed contrary to public policy and is
867      void and unenforceable. This section does not prevent a consumer
868      from declining to exercise the consumer's rights under this
869      section.
870              (10)        ENFORCEMENT AND IMPLEMENTATION BY THE DEPARTMENT.—
871              (a)         Any violation of this section is an unfair and
872      deceptive trade practice actionable under part II of chapter 501
873      solely by the department against a controller, processor, or
874      third party. If the department has reason to believe that any
875      controller, processor, or third party is in violation of this

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         CS/HB 1547                                                                                           2023




876      section, the department, as the enforcing authority, may bring
877      an action against such controller, processor, or third party for
878      an unfair or deceptive act or practice. For the purpose of
879      bringing an action pursuant to this section, ss. 501.211 and
880      501.212 do not apply. In addition to other remedies under part
881      II of chapter 501, the department may collect a civil penalty of
882      up to $50,000 per violation of this section. Civil penalties may
883      be tripled for the following violations:
884              1.      Any violation involving a Florida consumer who the
885      controller, processor, or third party has actual knowledge is 18
886      years of age or younger.
887              2.      Failure to delete or correct the consumer's perso nal
888      information pursuant to this section after receiving a
889      verifiable consumer request or directions from a controller to
890      delete or correct such personal information unless the
891      controller, processor, or third party qualifies for an exception
892      to the requirements to delete or correct such personal
893      information under this section.
894              3.      Continuing to sell or share the consumer's personal
895      information after the consumer chooses to opt out under this
896      section.
897              (b)         After the department has notified a controller,
898      processor, or third party in writing of an alleged violation,
899      the department may in its discretion grant a 45-day period to
900      cure the alleged violation. The 45-day cure period does not

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         CS/HB 1547                                                                                           2023




901      apply to a violation of subparagraph (a)1. The department may
902      consider the number and frequency of violations, the substantial
903      likelihood of injury to the public, and the safety of persons or
904      property when determining whether to grant 45 calendar days to
905      cure and the issuance of a letter of guidance. If the violation
906      is cured to the satisfaction of the department and proof of such
907      cure is provided to the department, the department may not bring
908      an action for the alleged violation but in its discretion may
909      issue a letter of guidance that indicates that the controller,
910      processor, or person will not be offered a 45-day cure period
911      for any future violations. If the controller, processor, or
912      third party fails to cure the violation within 45 calendar days,
913      the department may bring an action against the controller,
914      processor, or third party for the alleged violation.
915              (c)         Any action brought by the department may be brought
916      only on behalf of a Florida consumer.
917              (d)         By February 1 of each year, the department shall
918      submit a report to the President of the Senate and the Speaker
919      of the House of Representatives describing any actions taken by
920      the department to enforce this section. Such report must be made
921      publicly available on the department's website. The report must
922      include statistics and relevant information detailing:
923              1.      The number of complaints received and the categories or
924      types of violations alleged by the complainant;
925              2.      The number and type of enforcement actions taken and

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         CS/HB 1547                                                                                           2023




926      the outcomes of such actions, including the amount of penalties
927      issued and collected;
928              3.      The number of complaints resolved without the need for
929      litigation; and
930              4.      The status of the development and implementation of
931      rules to implement this section.
932              (e)         The department may adopt rules to implement this
933      section, including standards for verifiable consumer requests,
934      enforcement, data security, and authorized persons who may act
935      on a consumer's behalf.
936              (f)         The department may collaborate and cooperate with
937      other enforcement authorities of the federal government or other
938      state governments concerning consumer data privacy issues and
939      consumer data privacy investigations if such enforcement
940      authorities have restrictions governing confidentiality at least
941      as stringent as the restrictions provided in this section.
942              (g)         Liability for a tort, contract claim, or consumer
943      protection claim that is unrelated to an action brought under
944      this subsection does not arise solely from the failure of a
945      controller, processor, or third party to comply with this
946      section.
947              (h)         This section does not establish a private cause of
948      action.
949              (i)         The department may employ or use the legal services of
950      outside counsel and the investigative services of outside

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         CS/HB 1547                                                                                           2023




951      personnel to fulfill the obligations of this section.
952              (11)        JURISDICTION.—For purposes of bringing an action
953      pursuant to subsection (10), any person who meets the definition
954      of controller as defined in this section which collects, shares,
955      or sells the personal information of Florida consumers is
956      considered to be both engaged in substantial and not isolated
957      activities within this state and operating, conducting, engaging
958      in, or carrying on a business, and doing business in this state,
959      and is therefore subject to the jurisdiction of the courts of
960      this state.
961              (12)        PREEMPTION.—This section is a matter of statewide
962      concern and supersedes all rules, regulations, codes,
963      ordinances, and other laws adopted by a city, county, city and
964      county, municipality, or local agency regarding the collection,
965      processing, sharing, or sale of consumer personal information by
966      a controller or processor. The regulation of the collection,
967      processing, sharing, or sale of consumer personal information by
968      a controller or processor is preempted to the state.
969              Section 3.         Paragraph (g) of subsection (1) of section
970      501.171, Florida Statutes, is amended to read:
971              501.171        Security of confidential personal information.—
972              (1)         DEFINITIONS.—As used in this section, the term:
973              (g)1.        "Personal information" means either of the
974      following:
975              a.      An individual's first name or first initial and last

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          CS/HB 1547                                                                                           2023




 976      name in combination with any one or more of the following data
 977      elements for that individual:
 978              (I)         A social security number;
 979              (II)        A driver license or identification card number,
 980      passport number, military identification number, or other
 981      similar number issued on a government document used t o verify
 982      identity;
 983              (III)        A financial account number or credit or debit card
 984      number, in combination with any required security code, access
 985      code, or password that is necessary to permit access to an
 986      individual's financial account;
 987              (IV)        Any information regarding an individual's medical
 988      history, mental or physical condition, or medical treatment or
 989      diagnosis by a health care professional; or
 990              (V)         An individual's health insurance policy number or
 991      subscriber identification number and any unique identifier used
 992      by a health insurer to identify the individual;
 993              (VI)        An individual's biometric information or genetic
 994      information as defined in s. 501.173(2); or
 995              (VII)        Any information regarding an individual's
 996      geolocation.
 997              b.      A user name or e-mail address, in combination with a
 998      password or security question and answer that would permit
 999      access to an online account.
1000              2.      The term does not include information about an

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          CS/HB 1547                                                                                           2023




1001      individual that has been made publicly available by a federal,
1002      state, or local governmental entity. The term also does not
1003      include information that is encrypted, secured, or modified by
1004      any other method or technology that removes elements that
1005      personally identify an individual or that otherwise renders the
1006      information unusable.
1007              Section 4.          Section 501.1735, Florida Statutes, is created
1008      to read:
1009              501.1735           Protection of children in online spaces.—
1010              (1)         DEFINITIONS.—As used in this section, the term:
1011              (a)         "Child" or "children" means a consumer or consumers
1012      who are under 18 years of age.
1013              (b)         "Dark pattern" means a user interface designed or
1014      manipulated with the substantial effect of subverting or
1015      impairing user autonomy, decision-making, or choice and
1016      includes, but is not limited to, any practice the Federal Trade
1017      Commission refers to as a dark pattern.
1018              (c)         "Online platform" means a social media platform as
1019      defined in s. 112.23(1) or an online gaming platform.
1020              (d)         "Personal information" has the same meaning as in s.
1021      501.173(2).
1022              (e)         "Precise geolocation data" has the same meaning as in
1023      s. 501.173(2).
1024              (f)         "Profile" or "profiling" means any form of automated
1025      processing performed on personal information to evaluate,

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          CS/HB 1547                                                                                           2023




1026      analyze, or predict personal aspects relating to the economic
1027      situation, health, personal preferences, interests, reliability,
1028      behavior, location, or movements of a child.
1029              (g)         "Substantial harm or privacy risk to children" means
1030      the processing of personal information in a manner that may
1031      result in any reasonably foreseeable substantial physical
1032      injury, economic injury, or offensive intrusion into the privacy
1033      expectations of a reasonable child under the circumstances,
1034      including:
1035              1.      Mental health disorders or associated behaviors,
1036      including the promotion or exacerbation of self-harm, suicide,
1037      eating disorders, and substance abuse disorders;
1038              2.      Patterns of use that indicate or encourage addictive
1039      behaviors;
1040              3.      Physical violence, online bullying, and harassment;
1041              4.      Sexual exploitation, including enticement, sex
1042      trafficking, and sexual abuse and trafficking of online sexual
1043      abuse material;
1044              5.      Promotion and marketing of tobacco products, gambling,
1045      alcohol, or narcotic drugs as defined in s. 102 of the
1046      Controlled Substances Act, 21 U.S.C. 802; or
1047              6.      Predatory, unfair, or deceptive marketing practices, or
1048      other financial harms.




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          CS/HB 1547                                                                                           2023




1049              (2)         An online platform that provides an online service,
1050      product, game, or feature likely to be predominantly accessed by
1051      children may not:
1052              (a)         Process the personal information of any child if the
1053      online platform has actual knowledge or willfully disregards
1054      that the processing may result in substantial harm or privacy
1055      risk to children.
1056              (b)         Profile a child unless both of the following criteria
1057      are met:
1058              1.      The online platform can demonstrate it has appropriate
1059      safeguards in place to protect children.
1060              2.a.        Profiling is necessary to provide the online service,
1061      product, or feature requested and only with respect to the
1062      aspects of the online service, product, or feature with which
1063      the child is actively and knowingly engaged; or
1064              b.      The online platform can demonstrate a compelling reason
1065      that profiling does not pose a substantial harm or privacy risk
1066      to children.
1067              (c)         Collect, sell, share, or retain any personal
1068      information that is not necessary to provide an online service,
1069      product, or feature with which a child is actively and knowingly
1070      engaged unless the online platform can demonstrate a compelling
1071      reason that collecting, selling, sharing, or retaining the
1072      personal information does not pose a substantial harm or privacy



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          CS/HB 1547                                                                                           2023




1073      risk to children likely to routinely access the online service,
1074      product, or feature.
1075              (d)         Use personal information of a child for any reason
1076      other than the reason for which the personal information was
1077      collected, unless the online platform can demonstrate a
1078      compelling reason that the use of the personal information does
1079      not pose a substantial harm or privacy risk to children.
1080              (e)         Collect, sell, or share any precise geolocation data
1081      of children unless the collection of the precise geolocation
1082      data is strictly necessary for the online platform to provide
1083      the service, product, or feature requested and then only for the
1084      limited time that the collection of the precise geolocation data
1085      is necessary to provide the service, product, or feature.
1086              (f)         Collect any precise geolocation data of a child
1087      without providing an obvious sign to the child for the duration
1088      of the collection that the precise geolocation data is being
1089      collected.
1090              (g)         Use dark patterns to lead or encourage children to
1091      provide personal information beyond what is reasonably expected
1092      to provide that online service, product, game, or feature; to
1093      forego privacy protections; or to take any action that the
1094      online platform has actual knowledge or willfully disregards may
1095      result in substantial harm or privacy risk to children.
1096              (h)         Use any personal information collected to estimate age
1097      or age range for any other purpose or retain that personal

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          CS/HB 1547                                                                                           2023




1098      information longer than necessary to estimate age. The age
1099      estimate must be proportionate to the risks and data practice of
1100      an online service, product, or feature.
1101              (3)         If an online platform processes personal information
1102      pursuant to subsection (2), the online platform bears the burden
1103      of demonstrating that such processing does not violate
1104      subsection (2).
1105              (4)         An online platform that violates subsection (2) is
1106      subject to enforcement actions under s. 501.173 and such
1107      enforcement actions are the exclusive remedy. This section does
1108      not establish a private cause of action.
1109              Section 5.         Subsection (1) of section 16.53, Florida
1110      Statutes, is amended, and subsection (8) is added to that
1111      section, to read:
1112              16.53        Legal Affairs Revolving Trust Fund.—
1113              (1)         There is created in the State Treasury the Legal
1114      Affairs Revolving Trust Fund, from which the Legislature may
1115      appropriate funds for the purpose of funding investigation,
1116      prosecution, and enforcement by the Attorney General of the
1117      provisions of the Racketeer Influenced and Corrupt Organization
1118      Act, the Florida Deceptive and Unfair Trade Practices Act, the
1119      Florida False Claims Act, or state or federal antitrust laws, or
1120      s. 501.173.
1121              (8)         All moneys recovered by the Attorney General for
1122      attorney fees, costs, and penalties in an action for a violation

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          CS/HB 1547                                                                                           2023




1123      of s. 501.173 must be deposited in the fund.
1124              Section 6.         This act shall take effect July 1, 2023.




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CS/HB 1549
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1549 Pub. Rec./Investigations by the Department of Legal Affairs
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, McFarland
TIED BILLS: CS/HB 1547 IDEN./SIM. BILLS: CS/SB 1648

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

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

  2) State Affairs Committee                                  19 Y, 0 N               Poreda             Williamson

  3) Commerce Committee                                                               Wright             Hamon


                                            SUMMARY ANALYSIS
As technologies that capture and analyze data proliferate, so, too, do businesses' abilities to contextualize
consumer data. Businesses use it for a range of purposes. The European Union, California, and a few other
states have enacted data privacy regulations to protect consumers’ personal information and give consumers
more control over how their information is used.

CS/HB 1547, to which this bill is linked, gives certain consumer rights related to personal information, including
the right to access personal information collected about them; the right to delete or correct their personal
information; the right to opt-out of the sale or sharing of their personal information to third parties; and online
platform protections for children. The Department of Legal Affairs (DLA), upon belief that any controller,
processor, third party, or online platform is in violation of CS/HB 1547’s provisions, may bring an action under
the Florida Unfair or Deceptive Trade Practices Act against a controller, processor, or third party.

This bill, which is linked to the passage of CS/HB 1547, provides that all information received by DLA pursuant
to a notification or investigation by DLA or a law enforcement agency of a violation is confidential and exempt
from public record requirements. The bill provides that the information may be released by DLA during an
active investigation:
    • In the furtherance of its official duties and responsibilities;
    • For print, publication, or broadcast to notify the public of a data breach; or
    • To another governmental entity in the furtherance of the receiving entity’s official duties and
         responsibilities.

Once an investigation is completed, the following information remains confidential and exempt:
   • All information to which another public records exemption applies;
   • Personal information;
   • A computer forensic report;
   • Information that would otherwise reveal weaknesses in data security; and
   • Information that would otherwise disclose proprietary information.

The bill provides that the public record exemption 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.

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: h1549d.COM
DATE: 4/23/2023
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
          Present Situation

          Public Records

          Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
          government records. This section guarantees every person a right to inspect or copy any public record
          of the legislative, executive, and judicial branches of government. 1 The Legislature, however, may
          provide by general law for the exemption of records from these 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

          Public policy regarding access to government records is also addressed by statute. Section 119.07(1),
          F.S., guarantees every person a right to inspect and copy any state, county, or municipal record, unless
          the record is exempt.3 Furthermore, the Open Government Sunset Review Act4 provides that a public
          record exemption may be created or maintained only if it serves an identifiable public purpose that is
          sufficiently compelling to override the strong public policy of open government and that cannot be
          accomplished without the exemption.5 An identifiable public purpose is served if the exemption meets
          one of the following purposes:
               Allows the state or its political subdivisions to effectively and efficiently administer a
                  governmental program, which administration would be significantly impaired without the
                  exemption;
               Protects 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
               Protects trade or business secrets.6

          The Open Government Sunset Review Act requires the automatic repeal of a newly created exemption
          on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature
          reenacts the exemption.7

          Technology Transparency

          As technologies that capture and analyze data proliferate, so, too, do businesses' abilities to
          contextualize consumer data. Businesses use it for a range of purposes, including better understanding
          day-to-day operations, making more informed business decisions and learning about their customers. 8

          The European Union, several other countries, California, and a few other states have enacted data
          privacy regulations to protect such data and give consumers more control over how their information is
          used. Florida does not have a broad data privacy law, but there is a law which governs what actions
          must be taken by certain government and business entities in the event of a data breach of personal
          information.9


1 Art. I, s. 24(a), FLA. C ONST.
2 Art. I, s. 24(c), FLA. C ONST.
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. See s. 119.011(8), F.S.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 Id.
7 S. 119.15(3), F.S.
8 Max Freedman, How Businesses Are Collecting Data (And What They’re Doing With It), Business News Daily (Jun. 17, 2020)

https://www.businessnewsdaily.com/10625-businesses-collecting-data.html. (last visited Mar. 31, 2023)
9 S. 501.171, F.S.

STORAGE NAME: h1549d.COM                                                                                                          PAGE: 2
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        Department of Legal Affairs

        The Office of the Attorney General, also known as the Department of Legal Affairs (DLA), provides a
        wide variety of legal services, including defending the state in civil litigation cases, representing the
        people of Florida in criminal appeals in state and federal courts, protecting rights of children,
        consumers, and victims through its various protection programs, and investigating and litigating against
        businesses that seek to limit competition and defraud taxpayers. 10

        CS/HB 1547

        CS/HB 1547, to which this bill is linked, gives certain consumer rights related to personal information,
        including:
            • The right to access personal information collected on them by a controller;
            • The right to delete or correct their personal information; and
            • The right to opt-out of the sale or sharing of their personal information to third parties.

        A “controller” is a for profit entity doing business in Florida that:
             Collects and controls personal information;
             Has global annual gross revenues in excess of $1 billion; and
             Satisfies one of the following thresholds:
                    o Derives 50 percent or more of its global annual revenues from providing targeted
                         advertising or the sale of ads online; or
                    o Operates a consumer smart speaker and voice command component service with an
                         integrated virtual assistant connected to a cloud computing service that uses hands-free
                         verbal activation. A consumer smart speaker and voice command component service
                         does not include a motor vehicle or speaker or device associated with or connected to a
                         vehicle.

        Under the bill, personal information is information that identifies, relates to, or describes a particular
        consumer or household, or is reasonably capable of being directly or indirectly associated or linked
        with, a particular consumer or household. The term does not include public information from
        government records, certain employment information, or deidentified or aggregate consumer
        information.

        The bill provides certain operational requirements on controllers with respect to collecting, selling, or
        sharing personal information with processors or third parties.

        Also, the bill provides that online platforms that are predominantly accessed by children may not,
        except under certain circumstances:
             Process personal information of or profile a child.
             Collect, sell, share, or retain personal information or geolocation of a child.
             Use a child’s personal information for any unstated reason.
             Use dark patterns to obtain more information of a child than necessary.
             Use collected information to estimate age for any other reason.

        DLA, upon belief that any controller, processor, third party, or online platform is in violation of the bill,
        may bring an action under the Florida Unfair or Deceptive Trade Practices Act against a controller,
        processor, or third party.




10 OPPAGA,   Office of the Attorney General (Department of Legal Affairs ),
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1026 (last visited Mar. 31, 2023).
STORAGE NAME: h1549d.COM                                                                                         PAGE: 3
DATE: 4/23/2023
         Effect of Proposed Changes

         The bill creates a public record exemption for all information received by DLA pursuant to a notification
         or investigation by DLA or a law enforcement agency of a violation of certain statutory requirements.
         Such information is made confidential and exempt11 from public record requirements.

         During an active investigation, information made confidential and exempt may be disclosed by DLA:
             In the furtherance of its official duties and responsibilities;
            • For print, publication, or broadcast if DLA determines that such release would assist in notifying
                the public or locating or identifying a person that DLA believes to be a victim of a data breach or
                improper use or disposal of customer records, except that information made confidential and
                exempt after an investigation may not be released in this manner; or
            • To another governmental entity in the furtherance of the receiving entity’s official duties and
                responsibilities.

         Once an investigation is completed or once an investigation ceases to be active, the following
         information received by DLA remains confidential and exempt:
              All information to which another public records exemption applies;
              Personal information;
              A computer forensic report;
              Information that would otherwise reveal weaknesses in a controller’s, processor’s, or third
                party’s data security; and
              Information that would otherwise disclose a controller’s, processor’s, or third party’s proprietary
                information.

         The bill defines the term "proprietary information" to mean information that:
             Is owned or controlled by the controller, processor, or third party;
             Is intended to be private and is treated by the controller, processor, or third party as private
                 because disclosure would harm the controller, processor, or third party or its business
                 operations;
             Has not been disclosed except as required by law or a private agreement that provides that the
                 information will not be released to the public;
             Is not publicly available or otherwise readily ascertainable through proper means from another
                 source in the same configuration as received by DLA; and
             Includes trade secrets and competitive interests.

         The bill provides a public necessity statement as required by article I, s. 24(c) of the Florida
         Constitution. The public necessity statement provides that, if released, information received by DLA
         pursuant to an investigation by DLA or a law enforcement agency could:
             Frustrate or thwart the investigation and impair the ability of DLA to perform assigned functions;
             Undo a specific statutory exemption protecting the information;
             Be used for the purpose of identity theft;
             Result in the identification of vulnerabilities; and
             Result in economic harm.

         The bill provides that the public record exemption is subject to the Open Government Sunset Review
         Act and will repeal on October 2, 2028, unless the Legislature reviews and reenacts the exemption by
         that date.



11 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstan ces.
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. 5 th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
(1985).
STORAGE NAME: h1549d.COM                                                                                                       PAGE: 4
DATE: 4/23/2023
       The bill will become effective on the same date that CS/HB 1547 or similar legislation takes effect, if
       such legislation is adopted in the same legislative session or an extension thereof and becomes a law.

   B. SECTION DIRECTORY:
       Section 1:     Creates a public record exemption for investigations related to ss. 501.173 or 501.1735,
                      F.S.
       Section 2:     Provides a public necessity statement as required by the Florida Constitution.
       Section 3:     Provides an effective date of the same date that CS/HB 1547 or similar legislation takes
                      effect, if such legislation is adopted in the same legislative session or an extension
                      thereof and becomes law.

                       II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       The bill may have a minimal fiscal impact on DLA because agency staff responsible for complying with
       public records requests may require training related to the creation of the public record exemption. DLA
       could incur costs associated with redacting the confidential and exempt information prior to releasing a
       record. The costs, however, would be absorbed by existing resources, as they are part of the day-to-
       day responsibilities of agencies.

                                              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:
         Vote Requirement

         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.

STORAGE NAME: h1549d.COM                                                                                 PAGE: 5
DATE: 4/23/2023
         Public Necessity Statement

         Article I, s. 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 that, if
         released, information received by DLA pursuant to an investigation could frustrate or thwart the
         investigation and impair the ability of DLA to perform assigned functions, undo a specific statutory
         exemption protecting the information, be used for the purpose of identity theft, result in the
         identification of vulnerabilities, and result in economic harm.

         Breadth of Exemption

         Article I, s. 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 record exemption for sensitive investigative materials and personal
         information, 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 28, 2023, the Regulatory Reform & Economic Development Subcommittee adopted an
   amendment and reported the bill favorably as a committee substitute. The amendment made conforming
   technical changes to conform to the linked bill.

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




STORAGE NAME: h1549d.COM                                                                                   PAGE: 6
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           CS/HB 1549                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to public records; amending s.
    3              501.173, F.S.; providing an exemption from public
    4              records requirements for information relating to
    5              investigations by the Department of Legal Affairs and
    6              law enforcement agencies of certain data privacy
    7              violations; providing for future legislative review
    8              and repeal of the exemption; providing a statement of
    9              public necessity; providing a contingent effective
10                 date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                 Section 1.         Subsection (13) is added to section 501.173,
15         Florida Statutes, as created by HB 1547, 2023 Regular Session,
16         to read:
17                 501.173        Consumer data privacy.—
18                 (13)        PUBLIC RECORDS EXEMPTION.—
19                 (a)         All information received by the department pursuant to
20         a notification of a violation under this section, or received by
21         the department pursuant to an investigation by the department or
22         a law enforcement agency of a violation of this section or s.
23         501.1735, is confidential and exempt from s. 119.07(1) and s.
24         24(a), Art. I of the State Constitution, until such time as the
25         investigation is completed or ceases to be active. This

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        CS/HB 1549                                                                                           2023




26      exemption shall be construed in conformity with s.
27      119.071(2)(c).
28              (b)         During an active investigation, information made
29      confidential and exempt pursuant to paragraph (a) may be
30      disclosed by the department:
31              1.      In the furtherance of its official duties and
32      responsibilities;
33              2.      For print, publication, or broadcast if the department
34      determines that such release would assist in notifying the
35      public or locating or identifying a person that the department
36      believes to be a victim of a data breach or improper use or
37      disposal of customer records, except that information made
38      confidential and exempt by paragraph (c) may not be released
39      pursuant to this subparagraph; or
40              3.      To another governmental entity in the furtherance of
41      its official duties and responsibilities.
42              (c)         Upon completion of an investigation or once an
43      investigation ceases to be active, the following information
44      received by the department shall remain confidential and exempt
45      from s. 119.07(1) and s. 24(a), Art. I of the State
46      Constitution:
47              1.      All information to which another public records
48      exemption applies.
49              2.      Personal information.
50              3.      A computer forensic report.

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        CS/HB 1549                                                                                           2023




51              4.      Information that would otherwise reveal weaknesses in
52      the data security of a controller, processor, or third party.
53              5.      Information that would disclose the proprietary
54      information of a controller, processor, or third party.
55              (d)         For purposes of this subsection, the term "proprietary
56      information" means information that:
57              1.      Is owned or controlled by the controller, processor, or
58      third party.
59              2.      Is intended to be private and is treated by the
60      controller, processor, or third party as private because
61      disclosure would harm the controller, processor, or third party
62      or its business operations.
63              3.      Has not been disclosed except as required by law or a
64      private agreement that provides that the information will not be
65      released to the public.
66              4.      Is not publicly available or otherwise readily
67      ascertainable through proper means from another source in the
68      same configuration as received by the department.
69              5.      Includes:
70              a.      Trade secrets as defined in s. 688.002.
71              b.      Competitive interests, the disclosure of which would
72      impair the competitive advantage of the controller, processor,
73      or third party who is the subject of the information.
74              (e)         This subsection is subject to the Open Government
75      Sunset Review Act in accordance with s. 119.15 and shall stand

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         CS/HB 1549                                                                                           2023




 76      repealed on October 2, 2028, unless reviewed and saved from
 77      repeal through reenactment by the Legislature.
 78              Section 2.         The Legislature finds that it is a public
 79      necessity that all information received by the Department of
 80      Legal Affairs pursuant to a notification of a violation of s.
 81      501.173 or s. 501.1735, Florida Statutes, or received by the
 82      department pursuant to an investigation by the department or a
 83      law enforcement agency of a violation of s. 501.173 or s.
 84      501.1735, Florida Statutes, be made confidential and exempt from
 85      s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
 86      State Constitution for the following reasons:
 87              (1)         A notification of a violation of s. 501.173 or s.
 88      501.1735, Florida Statutes, may result in an investigation of
 89      such violation. The premature release of such information could
 90      frustrate or thwart the investigation and impair the ability of
 91      the department to effectively and efficiently administer s.
 92      501.173 or s. 501.1735, Florida Statutes. In addition, release
 93      of such information before completion of an active investigation
 94      could jeopardize the ongoing investigation.
 95              (2)         Release of information to which another public record
 96      exemption applies once an investigation is completed or ceases
 97      to be active would undo the specific statutory exemption
 98      protecting that information.
 99              (3)         An investigation of a violation of s. 501.173 or s.
100      501.1735, Florida Statutes, is likely to result in the gathering

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         CS/HB 1549                                                                                           2023




101      of sensitive personal information, including identification
102      numbers, unique identifiers, professional or employment -related
103      information, and personal financial information. Such
104      information could be used for the purpose of identity theft. The
105      release of such information could subject possible victims of
106      data privacy violations to further harm.
107              (4)         Notices received by the department and information
108      received during an investigation of a violation of s. 501.173 or
109      s. 501.1735, Florida Statutes, are likely to contain propr ietary
110      information. Such information, including trade secrets, derives
111      independent, economic value, actual, or potential, from being
112      generally unknown to, and not readily ascertainable by, other
113      persons who might obtain economic value from its disclosure o r
114      use. Allowing public access to proprietary information,
115      including a trade secret, through a public records request could
116      destroy the value of the proprietary information and cause a
117      financial loss to the controller, processor, or third party
118      submitting the information. Release of such information could
119      give business competitors an unfair advantage and weaken the
120      position of the entity supplying the proprietary information in
121      the marketplace.
122              (5)         Information received by the department may contain a
123      computer forensic report or information that could reveal
124      weaknesses in the data security of a controller, processor, or
125      third party. The release of this information could result in the

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         CS/HB 1549                                                                                           2023




126      identification of vulnerabilities in the cybersecurity system of
127      the controller, processor, or third party and be used to harm
128      the controller, processor, or third party and clients.
129              (6)         The harm that may result from the release of
130      information received by the department pursuant to a
131      notification or investigation by the department or a law
132      enforcement agency of a violation of s. 501.173 or s. 501.1735,
133      Florida Statutes, could impair the effective and efficient
134      administration of the investigation and thus, outweighs the
135      public benefit that may be derived from the disclosure of the
136      information.
137              Section 3.         This act shall take effect on the same date
138      that HB 1547 or similar legislation takes effect, if such
139      legislation is adopted in the same legislative session or an
140      extension thereof and becomes a law.




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PCB COM 23-05
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCB COM 23-05 Changes in Ownership of or Interest in Pari-mutuel Permits
SPONSOR(S): Commerce Committee
TIED BILLS:      IDEN./SIM. BILLS: SB 7044

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                           Thompson              Hamon

                                            SUMMARY ANALYSIS
The Florida Gaming Control Commission (commission) is the regulatory body that is responsible for exercising
all regulatory and executive powers of the state with respect to gambling, including pari-mutuel wagering,
cardrooms, and slot machine facilities. The Florida Pari-mutuel Wagering Act (Act) provides specific permitting
and licensure requirements for the pari-mutuel industry. Pari-mutuel wagering activities are limited to operators
who have received a permit from the commission, which is then subject to ratification by county referendum.
Permitholders apply for an operating license annually to conduct pari-mutuel wagering activities. Certain
permitholders are authorized to operate cardrooms and slot machines at their facility.

The Act generally requires that any transfer or assignment of a permit receive prior approval by the
commission, which must determine the eligibility of persons and entities to hold a permit. Similarly, if a permit is
held by a corporation or business entity other than an individual, the transfer of ten percent or more of the
stock or other evidence of ownership or equity in the permitholder may not be made without the prior approval
of the transferee by the commission.

The Act restricts a pari-mutuel permitholder from holding a permit, or being issued an operating license to
conduct pari-mutuel wagering, slot machine gaming, or the operation of a cardroom, if the permitholder did not
hold an operating license for the conduct of pari-mutuel wagering for Fiscal Year 2020-2021. The Act exempts
converted thoroughbred permits from this restriction.

The bill relaxes the provisions in the Act that restrict pari-mutuel permitholders from holding a permit, or
being issued an operating license, regardless of whether the permitholder held an operating license for Fiscal
Year 2020-2021.

Relating to permits, the bill allows a permit, for the conduct of pari-mutuel wagering and associated
cardroom and slot machine licenses, to be held by a purchaser, transferee, or assignee of a valid permit to
conduct pari-mutuel wagering, if approved by the commission before such purchase, transfer, or assignment,
and provided that the commission does not approve or issue an additional permit for the conduct of pari-mutuel
wagering.

Relating to cardrooms, the bill allows a purchaser, transferee, or assignee of a valid permit to be issued a
license to operate a cardroom.

Relating to operating licenses, the bill authorizes the issuance of an operating license to an eligible
purchaser, transferee, or assignee of a valid permit.

The bill does not appear to have a fiscal impact on state or local government. The bill may expand the sale and
transfer market for pari-mutuel permitholders.

The bill is effective upon becoming law.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcb05.COM
DATE: 4/23/2023
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         General Overview of Gaming in Florida

         Gambling is generally prohibited in Florida, unless specifically authorized. Section 7, Art. X, of the
         Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted in Florida.
         Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house and running
         a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-operated
         lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and
         Broward Counties.

         The following gaming activities are also authorized by law and regulated by the state:
            • Pari-mutuel 1 wagering; 2
            • Gaming on tribal reservations in accordance with the Indian Gaming and Regulatory Act and the
                 2010 Gaming Compact with the Seminole Tribe of Florida;
            • Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
                 Broward County; 3 and
            • Cardrooms 4 at certain pari-mutuel facilities.

         Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
         games, 5 bingo, 6 charitable drawings, 7 game promotions (sweepstakes), 8 bowling tournaments, 9 and
         skill-based amusement games and machines at specified locations. 10

         In 2013, the legislature clarified that Internet café style gambling machines were illegal in the state. The
         legislation clarified existing sections of law regarding slot machines, charitable drawings, game
         promotions, and amusement machines and created a rebuttable presumption that machines used to
         simulate casino-style games in schemes involving consideration and prizes are prohibited slot
         machines. 11

         In 2015, the legislature determined that the regulation of the operation of skill-based amusement
         games and machines would ensure compliance with Florida’s limitations on gambling and prevent the
         expansion of casino-style gambling. The legislature clarified regulations related to the operation and
         use of amusement games or machines to ensure that regulations would not be interpreted as creating
         an exception to the state's general prohibitions against gambling. 12



1
  “Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
2
  See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
3
  See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
4
  S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
5
  S. 849.085, F.S.
6
  S. 849.0931, F.S.
7
  S. 849.0935, F.S.
8
  S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
9
  S. 849.141, F.S.
10
   S. 546.10, F.S.
11
   Florida House of Representatives Select Committee on Gaming, Final Bill Analysis of 2013 CS/HB 155, p. 1 (Apr. 19, 2013).
12
   S. 546.10, F.S.
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        Amendment to Florida Constitution Prohibiting Racing of and Wagering on Greyhounds or
        Other Dogs

        During the 2018 General Election, the voters approved an initiative constitutional amendment,
        Amendment 13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs, which has been
        codified in the State Constitution as Article X, Section 32. 13

        Article X, Section 32 states:

               Prohibition on racing of and wagering on greyhounds or other dogs.—The humane
               treatment of animals is a fundamental value of the people of the State of Florida. After
               December 31, 2020, a person authorized to conduct gaming or pari-mutuel operations
               may not race greyhounds or any member of the Canis Familiaris subspecies in
               connection with any wager for money or any other thing of value in this state, and
               persons in this state may not wager money or any other thing of value on the outcome
               of a live dog race occurring in this state. The failure to conduct greyhound racing or
               wagering on greyhound racing after December 31, 2018, does not constitute grounds
               to revoke or deny renewal of other related gaming licenses held by a person who is a
               licensed greyhound permitholder on January 1, 2018, and does not affect the eligibility
               of such permitholder, or such permitholder’s facility, to conduct other pari-mutuel
               activities authorized by general law. By general law, the legislature shall specify civil or
               criminal penalties for violations of this section and for activities that aid or abet
               violations of this section.

        As of January 1, 2021, wagering on live greyhound racing in Florida is completely prohibited. However,
        cardroom and slot machine facilities by such permitholders may continue to operate after the closure of
        racing activities.

        Pari-mutuel Wagering

        Since approximately 1931, pari-mutuel wagering has been authorized in Florida for jai alai, greyhound
        racing, and horseracing. These activities are overseen and regulated 14 by the Division of Pari-Mutuel
        Wagering (division) at the Florida Gaming Control Commission (commission), which is housed within
        the Department of Legal Affairs, Office of the Attorney General. 15 The commission is tasked with
        exercising all regulatory and executive powers of the state on all forms of gambling authorized by the
        State Constitution or law including pari-mutuel wagering, card rooms, slot machine facilities, and the
        oversight of gaming compacts under the federal Indian Gaming Regulatory Act but excluding state
        lottery games authorized by the State Constitution. 16

        Pari-Mutuel Wagering State Revenue

        License fees and taxes collected by pari-mutuel wagering permitholders, including slot machine and
        cardroom permitholders, are deposited with the Chief Financial Officer, to the credit of the Pari-mutuel
        Wagering Trust Fund. Slot machine tax revenue is transferred from the Pari-mutuel Wagering Trust
        Fund to the Educational Enhancement Trust Fund to supplement public education funding statewide.
        Taxes collected by cardrooms are split between the Pari-mutuel Wagering Trust Fund and the General
        Revenue Fund.

        Pari-Mutuel Wagering Live Performance Requirements



13
   See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Apr. 20, 2023).
14
   From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
15
   See ss. 16.71-16.716, F.S.
16
   S. 16.712, F.S.
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        Currently, only thoroughbred permitholders are required to conduct live racing. 17 Greyhound
        permitholders may not conduct live racing, and jai alai permitholders, harness horse racing
        permitholders, or quarter horse racing permitholders may elect not to conduct live racing or games.

        A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse
        racing permitholder that does not conduct live racing or games: 18
            • Retains its permit;
            • Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
            • Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
               permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting
               pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.; and
            • Remains eligible for a cardroom license.

        A permitholder or licensee may not conduct live greyhound racing or dogracing in connection with any
        wager for money or any other thing of value in the state. The division is authorized to deny, suspend, or
        revoke any permit or license in ch. 550, F.S., for conducting live greyhound racing or dogracing in
        violation of this provision. In addition to, or in lieu of, denial, suspension, or revocation of such permit or
        license, the division is authorized to impose a civil penalty of up to $5,000. All penalties imposed and
        collected must be deposited with the Chief Financial Officer to the credit of the General Revenue
        Fund. 19

        Pari-mutuel Wagering Permitting and Licensure

        The Florida Pari-mutuel Wagering Act (Act) 20 provides specific permitting and licensing requirements
        for the conduct of the pari-mutuel industry. 21 Pari-mutuel wagering activities are limited to operators
        who have received a permit from the division, which is then subject to ratification by county
        referendum. 22 Permitholders apply for an operating license annually to conduct pari-mutuel wagering
        activities. 23 Certain permitholders are also authorized to operate cardrooms 24 and slot machines at their
        facility. 25

        During Fiscal Year 2020-2021, the following 39 pari-mutuel permitholders were licensed to operate: 26
           • Nineteen Greyhound Racing permits.
           • Three Thoroughbred Horse Racing permits.
           • One Harness Horse Racing permit.
           • Six Quarter Horse Racing permits.
           • Ten Jai-Alai permits.

        The division may revoke or suspend any permit or license upon the willful violation by the permitholder
        or licensee of any provision of the Act, or any administrative rule adopted by the division, and may
        impose a civil penalty against the permitholder or license up to $1,000 for each offense. 27

        During Fiscal Year 2021-2022, the division issued 40 rulings and 14 consent orders, assessed fines
        totaling $16,500 and imposed three license suspensions for violations. 28


17
   S. 550.01215(1)(b)1., F.S.
18
   Id.
19
   S. 550.01215(1)(b)2., F.S.
20
   Ch. 550, F.S.
21
   S. 550.054(1), F.S.
22
   S. 550.054(2), F.S.
23
   S. 550.0115, F.S.
24
   S. 849.086, F.S.
25
   S. 551.104, F.S.
26
   Florida Gaming Control Commission, Annual Report Fiscal Year 2021-2022, https://flgaming.gov/pmw/annual-
reports/docs/AnnualReport-2021-2022--1st%20FGCC--20221206.pdf (last visited Apr. 20, 2023.)
27
   S. 550.054(9)(b), F.S.
28
   Id.
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         Pari-Mutuel Wagering License Restrictions

         The Act generally requires that any transfer or assignment of a permit receive prior approval 29 by the
         commission, which must determine the eligibility 30 of persons and entities to hold a permit. Similarly, if
         a permit is held by a corporation or business entity other than an individual, the transfer of ten percent
         or more of the stock or other evidence of ownership or equity in the permitholder may not be made
         without the prior approval of the transferee by the commission. 31

         The Act provides restrictions on which persons and entities (including but not limited to employees,
         officers and directors, partners, and owners of the permitholder) may hold permits, based on whether
         they are of “good moral character,” or have been convicted of a disqualifying felony 32 or for
         bookmaking. 33

         The Act restricts pari-mutuel permitholders from being issued an operating license to conduct pari-
         mutuel wagering, slot machine gaming, or the operation of a cardroom if the permitholder did not hold
         an operating license for the conduct of pari-mutuel wagering for Fiscal Year 2020-2021. 34

         The Act restricts pari-mutuel permitholders from holding a permit to conduct pari-mutuel wagering and
         associated cardroom or slot machine licenses 35 unless the permitholder, other than a limited
         thoroughbred permitholder, held an operating license for the conduct of pari-mutuel wagering for Fiscal
         year 2020-2021. 36

         The Act restricts cardroom licenses from being issued to any permitholder, other than a limited
         thoroughbred permitholder, if the permitholder did not hold an operating license for Fiscal Year 2020-
         2021. 37

         The Act specifies that permits held on January 1, 2021 are deemed valid, but new permits for pari-
         mutuel wagering may not be approved or issued. 38

         The commission is required to revoke the permit of any permitholder, other than a limited thoroughbred
         permitholder, who did not hold an operating license for the conduct of pari-mutuel wagering for fiscal
         year 2020-2021. A permit revoked under this provision is void and may not be reissued. 39

         Recent Activities

         In December 2022, West Flagler Associates, Ltd. applied 40 to the commission to transfer its pari-mutuel
         permit #155 41 and associated licenses to conduct pari-mutuel wagering, slot machine gaming, and

29
   There is one exception to the prior-approval requirement in s. 550.054(11)(a), F.S., which is that the holder of a permit converted to
a jai alai permit “may lease or build anywhere within the county in which its permit is located.” As of 2021, such conversions are
prohibited. See s. 550.054(15)(d), F.S.
30
   See s. 550.1815, F.S
31
   See s. 550.054(11), F.S.
32
   Pursuant to s. 550.1815(1)(b), F.S., the following are disqualifying felonies: (1) a felony in Florida; (2) any felony in any other state
which would be a felony if committed in Florida under the laws of this state; (3) any felony under the laws of the United States; or (4)
a felony under the laws of another state if related to gambling which would be a felony under Florida law if the offense was committed
in Florida.
33
   The term “bookmaking” is defined in s. 849.25, F.S., to mean “the act of taking or receiving, while engaged in the business or
profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast,
fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever.”
34
   S. 550.01215(1)(d), F.S.
35
   Under s. 551.114(4), F.S., designated slot machine gaming areas must be located at the address specified in the licensed
permitholder's slot machine license issued for Fiscal Year 2020-2021.
36
   S. 550.054(15)(a), F.S.
37
   S. 849.086(5)(c), F.S.
38
   S. 550.054(15)(c), F.S.
39
   S. 550.054(9)(a), F.S.
40
   Florida Gaming Control Commission, Meetings Archive, Discussion of application for ownership transfer 4.1 2022-048451 West
Flagler Associates, LTD (Dec. 1, 2022), https://flgaming.gov/meetings/archive/ (last visited Apr. 19, 2023).
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         operate a cardroom, to Wind Creek Miami, LLC, a wholly owned subsidiary of PCI Gaming Authority,
         an unincorporated chartered instrumentality of the Poarch Band of Creek Indians. The commission did
         not approve the transfer of the permit because Wind Creek Miami, LLC did not hold an operating
         license for the conduct of pari-mutuel wagering for Fiscal Year 2020-2021 as required by the Act. 42

         In February 2023, the commission conditionally approved the acquisition of West Flagler Associates,
         Ltd.’s permit after PCI Gaming Authority substituted Gretna Racing LLC as the purchaser of pari-mutuel
         permit #155 and the accompanying pari-mutuel, slot machine, and cardroom licenses. 43 Gretna Racing
         LLC did hold an operating license for pari-mutuel wagering and for the operation of a cardroom for
         Fiscal Year 2020-2021. 44

         Prior to 2021, Debary Real Estate Holdings, LLC, Jefferson County Kennel Club, and North American
         Racing Association held pari-mutuel wagering permits, but did not possess an operating license for the
         conduct of pari-mutuel wagering for Fiscal Year 2020–2021. Accordingly, the commission issued
         notices of intent to revoke their permits, pursuant to the restrictions in the Act. The three entities have
         challenged the commission’s proposed agency action by filing petitions for formal administrative
         hearings that are currently being litigated at the Division of Administrative Hearings. 45

         Proposed Changes

         The bill relaxes the restrictions on pari-mutuel permitholders from holding a permit, or being issued
         an operating license, regardless of whether the permitholder held an operating license for Fiscal
         Year 2020-2021.

         Specifically, relating to permits, the bill allows a permit for the conduct of pari-mutuel wagering and
         associated cardroom and slot machine licenses, to be held by a purchaser, transferee, or assignee
         of a valid permit to conduct pari-mutuel wagering, if approved by the commission before such
         purchase, transfer, or assignment, and provided that the commission does not approve or issue an
         additional permit for the conduct of pari-mutuel wagering.

         Relating to cardrooms, the bill allows a purchaser, transferee, or assignee of a valid permit to be
         issued a license to operate a cardroom.

         Relating to operating licenses, the bill authorizes the issuance of an operating license to an eligible
         purchaser, transferee, or assignee of a valid permit.

         The bill becomes effective upon becoming a law.


     B. SECTION DIRECTORY:
        Section 1:        Amends s. 550.054, F.S., relating to the application for permit to conduct pari-mutuel
                          wagering.

        Section 2:        Amends s. 849.086, F.S., relating to cardrooms authorized.


41
   Florida Gaming Control Commission, Tracks and Frontons, Permit Holders List 2021-2022, Flagler Dog Track and Magic City
Casino, Permit No. 155, https://flgaming.gov/pmw/tracks-frontons/ (last visited Apr. 19, 2023).
42
   S. 550.01215(1)(d), F.S., also prohibits the issuance of an operating license for the conduct of pari-mutuel wagering, slot machine
gaming, or the operation of a cardroom, if the permitholder did not hold an operating license to conduct pari-mutuel wagering for
Fiscal Year 2020-2021. Section 849.086(5)(c), F.S., also prohibits the issuance of a cardroom license under the same restrictions.
43
   Florida Gaming Control Commission, Meetings Archive, Discussion of application for ownership transfer 2.1. 2022-048451 West
Flagler Associates, LTD 3. Discussion of recommended orders (Feb. 8, 2023), https://flgaming.gov/meetings/archive/ (last visited
Apr. 19, 2023).
44
   Florida Gaming Control Commission, Permit Holder Operating Licenses 2022-2023, Gretna Racing, LLC (542),
https://flgaming.gov/pmw/tracks-frontons/permitholder-operating-licenses-2022-2023/ (last visited Apr. 19, 2023).
45
   Florida Gaming Control Commission, Annual Report Fiscal Year 2021-2022, Pending Litigation, https://flgaming.gov/pmw/annual-
reports/docs/AnnualReport-2021-2022--1st%20FGCC--20221206.pdf (last visited Apr. 20, 2023).
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DATE: 4/23/2023
       Section 3:     Amends s. 550.0125, F.S., relating to license application; periods of operation; license
                      fees; bond.

       Section 4:     Provides an effective date of upon becoming 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:
       Relaxing restrictions on eligibility for pari-mutuel wagering operating licensure may expand the market
       related to the sale and transfer of such licenses.

   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.



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DATE: 4/23/2023
                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcb05.COM                                                 PAGE: 8
DATE: 4/23/2023
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           PCB COM 23-05                                                                                        2023




    1                                         A bill to be entitled
    2              An act relating to changes in ownership of or interest
    3              in pari-mutuel permits; amending s. 550.054, F.S.;
    4              revising entities authorized to hold pari-mutuel
    5              wagering permits and associated licenses; amending s.
    6              849.086, F.S.; specifying such entities may hold a
    7              license for the operation of a cardroom; amending s.
    8              550.01215, F.S.; providing applicability; providing an
    9              effective date.
10
11         Be It Enacted by the Legislature of the State of Florida:
12
13                 Section 1.         Subsection (15) of section 550.054, Florida
14         Statutes, is amended to read:
15                 550.054       Application for permit to conduct pari-mutuel
16         wagering.—
17                 (15)(a)       Notwithstanding any other provision of law, a
18         permit for the conduct of pari-mutuel wagering and associated
19         cardroom or slot machine licenses may only be held by a
20         permitholder who held an operating license for the conduct of
21         pari-mutuel wagering for fiscal year 2020-2021 or who holds a
22         permit issued pursuant to s. 550.3345 or by a purchaser,
23         transferee, or assignee of a valid permit for the conduct of
24         pari-mutuel wagering if approved by the commission before such
25         purchase, transfer, or assignment and provided that the

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        PCB COM 23-05                                                                                        2023




26      commission does not approve or issue an additional permit for
27      the conduct of pari-mutuel wagering;
28              (b)         All permits issued under this chapter held by
29      permitholders on January 1, 2021, are deemed valid for the sole
30      and exclusive purpose of satisfying all conditions for the valid
31      issuance of the permits, if such permitholder held an operating
32      license for the conduct of pari-mutuel wagering for fiscal year
33      2020-2021 or if such permitholder held a permit issued pursuant
34      to s. 550.3345;
35              (c)         Additional permits for the conduct of pari-mutuel
36      wagering may not be approved or issued by the commission or
37      former Division of Pari-mutuel Wagering after January 1, 2021;
38      and
39              (d)         A permit to conduct pari-mutuel wagering may not be
40      converted to another class of permit.
41              Section 2.         Paragraph (c) of subsection (5) of section
42      849.086, Florida Statutes, is amended to read:
43              849.086         Cardrooms authorized.—
44              (5)         LICENSE REQUIRED; APPLICATION; FEES.—No person may
45      operate a cardroom in this state unless such person holds a
46      valid cardroom license issued pursuant to this section.
47              (c)         Notwithstanding any other provision of law, a pari -
48      mutuel permitholder, other than a permitholder issued a permit
49      pursuant to s. 550.3345 or a purchaser, transferee, or assignee
50      holding a valid permit for the conduct of pari-mutuel wagering

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     CODING: Words stricken are deletions; words underlined are additions.
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        PCB COM 23-05                                                                                        2023




51      approved pursuant to s. 550.054(15)(a), may not be issued a
52      license for the operation of a cardroom if the permitholder did
53      not hold an operating license for the conduct of pari -mutuel
54      wagering for fiscal year 2020-2021. In order for an initial
55      cardroom license to be issued to a thoroughbred permitholder
56      issued a permit pursuant to s. 550.3345, the applicant must have
57      requested, as part of its pari-mutuel annual license
58      application, to conduct at least a full schedule of live racing.
59      In order for a cardroom license to be renewed by a thoroughbred
60      permitholder, the applicant must have requested, as part of its
61      pari-mutuel annual license application, to conduct at least 90
62      percent of the total number of live performances conducted by
63      such permitholder during either the state fiscal year in which
64      its initial cardroom license was issued or the state fiscal year
65      immediately prior thereto if the permitholder ran at least a
66      full schedule of live racing or games in the prior year.
67              Section 3.          Paragraph (d) of subsection (1) of section
68      550.01215, Florida Statutes, is amended to read:
69              550.01215          License application; periods of operation;
70      license fees; bond.—
71              (1)         Each permitholder shall annually, during the period
72      between December 15 and January 4, file in writing with the
73      commission its application for an operating license for a pari-
74      mutuel facility for the conduct of pari-mutuel wagering during
75      the next state fiscal year, including intertrack and simulcast

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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




        PCB COM 23-05                                                                                        2023




76      race wagering. Each application for live performances must
77      specify the number, dates, and starting times of all live
78      performances that the permitholder intends to conduct. It must
79      also specify which performances will be conducted as charity or
80      scholarship performances.
81              (d)         Notwithstanding any other provision of law, other than
82      a permitholder issued a permit pursuant to s. 550.3345, a pari-
83      mutuel permitholder may not be issued an operating license for
84      the conduct of pari-mutuel wagering, slot machine gaming, or the
85      operation of a cardroom if the permitholder did not hold an
86      operating license for the conduct of pari-mutuel wagering for
87      fiscal year 2020-2021. This paragraph does not apply to a
88      purchaser, transferee, or assignee holding a valid permit for
89      the conduct of pari-mutuel wagering approved pursuant to s.
90      550.054(15)(a).
91              Section 4.         This act shall take effect upon becoming a law.




                                                      Page 4 of 4

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PCS for CS/HB 669
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 669 Improvements to Real Property
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                     Keating            Hamon


                                                     SUMMARY ANALYSIS
In 2010, the Legislature provided specific authority for local governments to create qualifying improvement programs,
commonly referred to as Property Assessed Clean Energy (PACE) programs, to provide up-front financing for certain
qualifying improvements. Under these programs, property owners may apply to the local government for funding to
finance a qualifying improvement and voluntarily enter into a financing agreement with the local government. Qualifying
improvements include energy conservation and efficiency improvements, renewable energy improvements, and wind
resistance improvements to existing facilities. Property owners finance qualifying improvements through a non-ad valorem
assessment on their property. Local governments determine whether to offer a residential or commercial qualifying
improvement program, whether to administer the program directly or through a for-profit or not-for-profit administrator, or
any combination thereof.

The bill makes several changes to Florida law governing qualifying improvement programs, including:
    Expanding eligible “qualifying improvements” to include:
              o For residential properties: wastewater improvements, such as advanced onsite sewage treatment and
                  disposal systems and septic-to-sewer conversions.
              o For commercial properties: stormwater and flood resiliency improvements, including “shoreline
                  improvements,” improvements to achieve a sustainable building rating or compliance with a national
                  model resiliency standard, improvements to achieve wind or flood insurance rate reductions, and wind-
                  resistance improvements on new construction.
    Requiring the holder or servicer of a mortgage that encumbers an applicant’s property to provide consent:
              o For residential properties: for the applicant to exceed a 97% ratio of property-related debt to the
                  property’s fair market value as determined by a licensed appraiser.
              o For commercial properties: for the applicant to finance any qualifying improvement through the program.
    Authorizing the use of a qualifying improvement program to refinance qualifying improvements.
    Strengthening underwriting requirements for residential properties, including, among other things, a determination
         that the property owner is able to repay the assessment and cover existing debts and expenses, subject to a
         maximum debt-to-income ratio of 49 percent.
    Providing new terms and requirements for residential properties, including:
              o Written disclosure requirements before execution of financing agreements and confirmation of specified
                  terms by phone prior to initiation of work.
              o A requirement that the property owner obtain at least two estimates.
              o Maximum terms for financing agreements based on the useful life of financed improvements.
              o A rescission period of 5 business days.
              o A prohibition on the use of negative amortization schedules, balloon payments, and prepayment fees.
              o Requirements for enrolling, monitoring, and suspending program contractors.
              o Confirmation, before payment to a contractor, that all permit requirements are satisfied.
              o Requirements for program marketing, and a prohibition on kickbacks to contractors.
    Providing new terms for commercial properties, including:
              o Allowing the property owner to execute a financing agreement before a certificate of occupancy or
                  evidence of completion is issued and allowing for progress payments.
              o Defining and providing terms for the use of qualified improvement programs by “nongovernmental
                  lessees” on “government commercial property.”
    Requiring an annual report from each local government that has authorized a PACE program.

The bill does not have a fiscal impact on state or local government.

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: pcs0669.COM
DATE: 4/23/2023
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Property Assessed Clean Energy (PACE) Programs

         Generally, Property Assessed Clean Energy (PACE) laws enable local governments to establish
         programs to provide financing for certain qualifying improvements on real property which reduce energy
         consumption and increase energy efficiency. PACE allows individual property owners to contract
         directly with qualified contractors for energy efficiency and renewable energy projects. The local
         government issues revenue bonds and uses the proceeds to provide initial project funding, which
         bonds are repaid by non-ad valorem assessments on participating property owners’ tax bills. 1 PACE
         programs are active in 30 states plus Washington D.C., but only California, Florida, and Missouri offer
         residential PACE programs.2

         PACE in Florida

         In 2010, the Legislature provided specific authority for local governments to create PACE programs. 3
         The law4 provides supplemental authority to local governments 5 concerning qualified improvements to
         residential and non-residential real property. The law provides that if a local government authorizes a
         PACE program, property owners may apply to the local government for funding to finance a qualifying
         improvement and voluntarily enter into a financing agreement with the local government. 6 “Qualifying
         improvements” include energy conservation and efficiency improvements, renewable energy
         improvements, and wind resistance improvements to existing facilities.7

         At least 30 days before entering into the financing agreement, the property owner must provide notice
         to any mortgage holder or loan servicer of the intent to enter into the agreement, the maximum amount
         to be financed, and the maximum annual assessment required to repay the amount. 8 The law provides
         that an acceleration clause for “payment of the mortgage, note, or lien or other unilateral modification
         solely as a result of entering into a financing agreement … is not enforceable.”9 However, the mortgage
         holder or loan servicer may increase the required monthly escrow by an amount necessary to pay
         annually the qualifying improvement assessment.

         The law authorizes a local government to provide and finance qualifying improvements, levy a non-ad
         valorem assessment to fund a qualifying improvement, incur debt to provide financing for qualifying
         improvements, and collect costs incurred from financing qualifying improvements through a non-ad
         valorem assessment. These non-ad valorem assessments are senior to existing mortgage debt, 10 so if
         the homeowner defaults on their mortgage or goes into foreclosure, the delinquent PACE assessment
         payments may be recovered before the mortgage. Current law also specifies that a PACE program
         may be administered by a for-profit entity or a not-for-profit organization on behalf of and at the
         discretion of the local government.

1 For more information, see http://www.pacenation.org and http://floridapace.gov/ (last visited April 5, 2023).
2
  California offers residential PACE financing for improvements related to electric vehicle charging, infrastructure, energy ef ficiency,
renewable energy, seismic strengthening and water efficiency. Missouri offers PACE financing for improvements related to energy
efficiency and renewable energy. Additionally, Maine offers residential programs without holding a lien against properties. See PACE
Nation, PACE Programs https://www.pacenation.org/pace-programs/ (last visited April 5, 2023).
3 Ch. 2010-139, Laws of Fla.
4 S. 163.08, F.S.
5 Section 163.08(2)(a), F.S., defines the term “local government” to mean a county, a municipality, a dependent special distric t as

defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7) (the Florida Interlocal Cooperation Act).”
6 S. 163.08(4), F.S.
7 S. 163.08(2)(b), F.S.
8 S. 163.08(13), F.S.
9 S. 163.08(15), F.S.
10 See ss. 125.01(1)(r), 170.01 and 170.09, F.S.

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         In 2012, the Legislature expanded the definition of “local government” to allow a partnership of local
         governments formed pursuant to the Florida Interlocal Cooperation Act 11 to enter into a financing
         agreement wherein the partnership, as a separate legal entity, imposes the PACE assessment. 12

         Before entering into a financing agreement, the local government must reasonably determine that:
             All property taxes and other assessments on the property are paid and have not been
                delinquent for the preceding 3 years (or the property owner’s period of ownership, if less than 3
                years);
             There are no involuntary liens on the property, including, but not limited to, construction liens;
             No notices of default or other evidence of property-based debt delinquency have been recorded
                during the preceding 3 years (or the property owner’s period of ownership, if less than 3 years);
                and
             The property owner is current on all mortgage debt on the property.13

         The total assessment cannot be for an amount greater than 20 percent of the just value of the property
         as determined by the county property appraiser, unless consent is obtained from the mortgage
         holders.14 Consideration of the property owner’s ability to repay the assessment is not required.

         In Florida, local governments typically have multiple non-exclusive agreements with a number of PACE
         providers. Generally, PACE providers are private companies that administer the local government’s
         PACE program on behalf of the local government and provide funding from private sources. PACE
         providers generally act as the program administrator for special districts created pursuant to an
         interlocal agreement between two or more Florida local governments. Once the PACE district is
         created, additional counties or municipalities may join the special district as members, authorizing the
         PACE provider for the special district to administer PACE programs on behalf of the newly joined
         members.15 PACE providers generally maintain a list of approved contractors authorized to provide
         qualifying improvements.16

         For example, Broward County authorizes the following PACE providers: 17
              Counterpointe Energy Solutions administers a commercial PACE program for the Florida PACE
                Funding District.
              Berkadia administers a commercial PACE program the Florida Renewable Energy District.
              CleanFund administers a commercial PACE program for the Florida Renewable Energy District.
              Dividend Finance administers the “Dividend” Program for the Florida Renewable Energy
                District.
              FortiFi Financial administers a residential PACE program for the Florida PACE Funding Agency
                District.
              Greenworks Lending administers a commercial PACE program for the Florida Resiliency and
                Energy District.
              Lever Energy Capital administers a commercial PACE program for the Florida Resiliency and
                Energy District.
              Home Run Financing administers a residential PACE Program for the Florida PACE Funding
                Agency District.
              Rahill administers a commercial PACE program for the Florida Resiliency and Energy District.


11 S. 163.01(7), F.S.
12 Ch. 2012-117, Laws of Fla.
13 S. 163.08(9), F.S.
14 S. 163.08(12)(a), F.S.
15 See, e.g., Green Corridor Property Assessed Clean Energy (PACE) District Town of Cutler Bay, Florida Financial Report for the

Fiscal Year Ended Sept. 30, 2020, at 13,
https://flauditor.gov/pages/specialdistricts_efile%20rpts/2020%20green%20corridor%20property%20assessment% 20clean%20energy
%20(pace)%20district.pdf (last visited April 5, 2023).
16 See, e.g., Sarasota County, PACE, https://www.scgov.net/government/uf-ifas-extension-and-sustainability/pace (last visited April 5,

2023).
17 Broward County, Property Assessed Clean Energy (PACE)

https://www.broward.org/Sustainability/Documents/PACEProviderList_2022.pdf (last visited April 5, 2023).
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                 Renew Financial administers PACE programs under the “RenewPACE” Program (residential
                  and commercial) for the Florida Green Finance Authority.
                 Structured Finance Associates administers a commercial PACE program for the Florida
                  Resiliency and Energy District.
                 Twain Financial Partners administers a commercial PACE program for the Florida Renewable
                  Energy District.

         Local governments may choose whether to offer a residential or commercial PACE program, whether
         to administer the program directly or through a third-party PACE provider, or any combination thereof.

         PACE financing interest rates vary but are typically higher than traditional financing. 18 Interest rates and
         fees for a project are set by the PACE provider when the agreement is finalized with the property
         owner.19

         Federal Housing Finance Agency and Super-Priority Liens

         In 2010, and again in 2014,20 the Federal Housing Finance Agency (FHFA) directed mortgage
         underwriters Fannie Mae and Freddie Mac not to purchase mortgages of homes encumbered by a first-
         lien PACE loan due to its senior status above a mortgage. Under normal circumstances, real estate lien
         priority is established by the order in which the liens are filed.21

         According to the FHFA, such super-priority liens increase the risk of losses to taxpayers. Fannie Mae
         and Freddie Mac support the housing finance market by purchasing, guaranteeing, and securitizing
         single-family mortgages. Therefore, mortgages supported by Fannie Mae and Freddie Mac must
         remain in first-lien position, meaning they have first priority in receiving the proceeds from the sale of a
         property in foreclosure. Although FHFA generally supports energy retrofit financing programs, FHFA
         acknowledges that such programs should be structured to ensure protection of the core financing for
         the home.22

         This restriction has two potential implications for borrowers. First, a homeowner with a first-lien PACE
         loan may not refinance their existing mortgage with a Fannie Mae or Freddie Mac mortgage. Second,
         anyone wanting to buy a home that already has a first-lien PACE loan cannot use a Fannie Mae or
         Freddie Mac loan for the purchase. These restrictions may reduce the marketability of the house or
         require the homeowner to pay off the PACE loan before selling the house. 23




18
   The Balance, How PACE Loans Work, https://www.theb alancemoney.com/pace-loans-financing-for-upgrades-4124071 (last visited
April 5, 2023).
19 See PACE Broward, Frequently Asked Questions,

https://www.broward.org/Climate/Documents/PACE%20Broward%20FAQ%20Sheet_Update6_0927 2021.pdf (last visited April 5, 2023).
20 Federal Housing Finance Agency, FHFA Statement on Certain Energy Retrofit Loan Programs (July, 6, 2010),

http://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Statement-on-Certain-Energy-Retrofit-Loan-Programs.aspx (last visited April 5,
2023). See also Federal Housing Financial Agency, Statement of the Federal Housing Finance Agency on Certain Supe r Priority Liens
(December 22, 2014)(“FHFA wants to make clear to homeowners, lenders, other financial institutions, state officials, and the public that
Fannie Mae and Freddie Mac’s policies prohibit the purchase of a mortgage where the property has a fir st-lien PACE loan attached to
it”) http://www.fhfa.gov/Media/PublicAffairs/Pages/Statement-of-the-Federal-Housing-Finance-Agency-on-Certain-Super-Priority-
Liens.aspx (last visited April 5, 2023).
21
   “Real estate liens generally are ordered so that prior liens are paid in foreclosure before liens filed later in time. For example, a
mortgage loan used to buy the property takes priority over a later mortgage loan used to remodel the home. The earliest and thus
highest priority mortgage loan is known as a first lien, while the subsequent mortgage loan is deemed a second lien. If the h omeowner
defaults on the second lien loan, the first lien mortgage holder retains the lien even if the second lien mortgage holder forecloses;
however, the converse is not true. Tax assessments are an exception to this lien priority rule. Generally, unpaid property ta x
assessments have priority over other liens, regardless of the date the prior liens were recorded or when the tax assessments became
delinquent. This makes the lien priority for PACE financing senior to liens for mortgage loans closed prior to the homeowner’ s
acceptance of the PACE financing. In the case of default by the homeowner on the PACE assessment, local governments and
investors in PACE bonds can expect to collect the balance owed on a PACE assessment before any recovery by a mortgage lender. ”
Prentiss Cox, Keeping PACE? The Case Against Property Assessed Clean Energy Financing Programs, 83 U. Colo. L. Rev. 83, 94
(2011), https://scholarship.law.umn.edu/faculty_articles/549 (last visited April 5, 2023).
22 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 20.
23 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 20.

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         Additionally, in December 2017, the United States Department of Housing and Urban Development
         announced that the Federal Housing Administration will no longer insure new mortgages on properties
         that include PACE assessments, citing concerns about the potential for increased losses to the Mutual
         Mortgage Insurance Fund resulting from the priority lien status given to such assessments. 24

         Some residential PACE programs are now operating with loan loss reserve funds, appropriate
         disclosures, or other protections meant to address FHFA's concerns. 25 For example, in 2013, California
         created a reserve fund to compensate first mortgage lenders in case of a foreclosure or a forced sale
         attributable to a PACE loan. Additionally, Oklahoma and Vermont have passed legislation to
         downgrade PACE from senior lien to junior lien, and there have been attempts by Congress to revise
         residential PACE programs at the federal level, including the 2014 PACE Assessment Protection Act. 26

         Consumer Protection

         Consumer issues have surrounded the PACE programs from their inception. 27 These include the cost
         of funding, contractor sales techniques (notably, responding to a limited homeowner problem and
         marketing a full house retrofit), rolling the administrative fees for the local government into the PACE
         loan amount, product sales at above market interest rates, workmanship issues, inadequate
         disclosures, and indiscriminate lending regardless of ability to repay. 28 An administrator of residential
         PACE programs in California and Florida recently settled with the Federal Trade Commission and
         California to address complaints that the administrator recruited and authorized contractors, without
         adequate training or oversight, to sell its financing, leading to many consumers being deceived during
         the sales process and being unfairly subjected to liens on their homes without their express, informed
         consent.29

         In response to these consumer issues, Congress amended the Truth in Lending Act in 2018 to direct
         the Consumer Financial Protection Bureau to implement federal regulations which provide more
         effective consumer protections relating to PACE loans, especially those related to the ability of a
         homeowner to repay the loan.30

         The United States Department of Energy maintains “best practice guidelines” for residential PACE
         financing programs, which includes measures relating to:
               Establishing financial eligibility and verifying property ownership;
               Confirming property-based debt, tax assessments, and property valuation;
               Reviewing property owner income and debt obligations;
               Establishing consumer and lender protections;
               Establishing property owner education and disclosures;
               Providing a right to cancel the purchase;



24 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
25 Commercial PACE programs were not directly affected by FHFA’s actions because Fannie Mae and Freddie Mac do not underwrite

commercial mortgages.
26 NCSL, PACE Financing https://www.ncsl.org/research/energy/pace-financing.aspx (last visited April 5, 2023).
27 “PACE loans, offered through home improvement contractors, often in door-to-door sales, and secured by a property tax lien, are

collected through a property tax assessment that takes priority over any existing mortgage. PACE programs must be authorized by
state and local governments, but are privately run with little or no government oversight. Over the last two years, there has been a
sharp increase in homeowners seeking assistance from legal s ervices and other organizations in relation to PACE loans. The goal of
improving home energy efficiency is being overshadowed by the lack of adequate consumer protection for these loans. Weak PACE
loan regulation enables contractors to saddle homeowners wi th debt they cannot afford and puts their homes at risk for foreclosure.”
National Consumer Law Center, Advocates Applaud CFPB’s Intention to Deal with PACE Loan Program Ab uses (Mar. 4, 2019),
https://www.nclc.org/media-center/advocates-applaud-cfpbs-intention-to-deal-with-pace-loan-program-abuses.html (last visited April 5,
2023).
28 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
29 Federal Trade Commission, FTC, California Act to Stop Ygrene Energy Fund from Deceiving Consumers Ab out PACE Financing,

Placing Liens on Homes Without Consumers’ Consent, https://www.ftc.gov/news -events/news/press-releases/2022/10/ftc-california-act-
stop-ygrene-energy-fund-deceiving-consumers-about-pace-financing-placing-liens (last visited April 5, 2023).
30 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020). See also Public Law 115–174

(2018), section 307; codified at 15 U.S.C. 1639c(b)(3)(C). and Bureau of Consumer Financial Protection, Advance Notice of Proposed
Rulemaking on Residential Property Assessed Clean Energy Financing, 84 FR 8479 (Mar. 8, 2019).
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                 Determining appropriate minimum equity requirements and appropriate maximum
                  assessments;
                 Providing equipment specifications and energy assessments;
                 Defining the relationship between PACE assessments and mortgage financing;
                 Providing for non-acceleration upon property owner default;
                 Notifying mortgage holders of record; and
                 Addressing the needs and potential vulnerabilities of low-income and elderly households.31

        Some local governments in Florida have implemented more stringent consumer protections than those
        required by Florida law.32

        Wastewater Treatment Improvements

        The Florida Department of Health provides “Onsite sewage treatment and disposal systems (OSTDS),
        commonly referred to as septic systems, are a safe and effective means of wastewater disposal for 30
        percent of Florida’s population. The OSTDS program ensures that the OSTDS is properly designed,
        constructed, and maintained through permitting and inspection and contributes to safe ground water,
        which provides 90 percent of Florida’s drinking water.”33

        There are estimated, however, to be thousands of septic tanks that are old and at risk of failing. 34
        These systems risk leaking phosphorus and nitrogen into the water system, which can promote
        harmful algal blooms, aquatic weeds, and the alteration of the natural fauna and flora. Serious
        algal blooms can also cause human health issues.

        For this reason, there has been a push over time to move from individual septic systems to
        community sewage treatment. Such a transition can cost in the range of $15,000 to $20,000. 35




31 Department of Energy, Best Practice Guidelines for Residential PACE Financing Programs (Nov. 18, 2016),

https://www.energy.gov/sites/prod/files/2016/11/f34/best-practice-guidelines-RPACE.pdf (last visited April 5, 2023).
32 See, e.g., Palm Beach County, Ord. No. 2017-012, Section 6. Disclosure Requirements

https://discover.pbcgov.org/resilience/PDF/PACE_ORDINANCE_2017-012%20-%20ADA%20Compliant.pdf (last visited April 5, 2023).
33 Onsite Sewage, Florida Department of Health, last modified Oct 20, 2020, available at

http://www.floridahealth.gov/environmental-health/onsite-sewage/index.html (last accessed April 14, 2023)
34 Benita Goldstein, “Failing septic tanks damaging state’s environment; will cost billions of dollars to replace,” Apr. 22,

2019, South Florida Sun Sentinel, available at https://www.sun-sentinel.com/opinion/commentary/fl-op-com-septic-tanks20190422-
story.html (last accessed April 14, 2023).
35 Terri Lowery, “Cities, Counties Need Plan to Switch Septic to Sewer,” May 14, 2016, Florida Today, available at
https://www.floridatoday.com/story/opinion/columnists/guest-columns/2016/05/14/cities-counties-need-plan-switch-
septicsewer/84295648/ (last accessed April 14, 2023).
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       Effect of the Bill

       The bill makes several changes to Florida’s PACE law.

       Definitions

       The bill creates and uses the term “qualifying improvement program” to refer to the programs used in
       Florida to finance qualifying improvements and creates definitions for additional terms related to these
       programs, as follows:
            Qualifying improvement program means a program established by a local government, alone or
               in partnership with other local governments or a program administrator, to finance qualifying
               improvements on residential or commercial real property.
            Program administrator means an entity, including, but not limited to, a for-profit or not-for-profit
               entity, with which a local government has contracted to administer a qualifying improvement
               program.
            Residential property means a residential real property composed of four or fewer dwelling units
               which has been or will be improved by a qualifying improvement.
            Commercial property means real property not defined as residential property which will be or
               has been improved by a qualifying improvement, including, but not limited to, the following:
                    o A multifamily residential property composed of five or more dwelling units;
                    o A commercial real property;
                    o An industrial building or property;
                    o An agricultural property;
                    o A nonprofit-owned property;
                    o A long-term care facility, including nursing homes and assisted living facilities; or
                    o A government commercial property.
            Government commercial property means real property owned by a local government and leased
               to a nongovernmental lessee where the usage by the lessee meets the definition of commercial
               property.
            Nongovernmental lessee means a person or an entity other than a local government which
               leases government commercial property.
            Qualifying improvement contractor means an independent contractor who has been enrolled
               under a qualifying improvement program to install or otherwise perform work on qualifying
               improvements financed through the program.

       Eligible Qualifying Improvements

       The bill amends the definition of “qualifying improvements” to expand the types of projects a
       qualifying improvement program may finance.

       For residential property, the bill adds wastewater improvements as qualifying improvements.
       Wastewater improvements include the following:
           The removal, replacement or improvement of an onsite sewage treatment and disposal system
              with a secondary or advanced onsite sewage treatment and disposable system or technology;
           The replacement or conversion of an onsite sewage and disposal system to a central sewerage
              system or distributed sewerage system; and
           Any removal, repair, or modification made to an onsite sewage treatment and disposal system.

       For commercial property, the bill adds the following as qualifying improvements:
            Energy conservation and efficiency improvements necessary to achieve a sustainable building
              rating or compliance with a national model green building code; and
            Resiliency improvements, including creation or improvement of stormwater and flood resiliency
              (including shoreline improvements) and any other improvements: (a) necessary to achieve a
              sustainable building rating or compliance with a national model resiliency standard; or (b) made
              to achieve wind or flood insurance rate reductions, including building elevation.

       Other Uses for PACE Financing
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         The bill expands the authorized uses of PACE financing. First, the bill specifies that PACE financing
         may be used to refinance qualifying improvements on any eligible property. Second, the bill authorizes
         new uses for PACE financing on commercial property, including wind resistance improvements on
         property under new construction and improvements by nongovernmental lessees to government
         commercial property. The bill provides that a financing agreement for government commercial property
         must be executed by the nongovernmental lessee with the written consent of the governmental lessor,
         with evidence of this consent provided to the local government operating the qualifying improvement
         program. A financing agreement with the nongovernmental lessee must provide that the lessee is the
         only party obligated to pay the assessment.

         Eligibility Requirements for PACE Financing

         The bill provides that a financing agreement for a residential property may not be approved unless the
         local government or program administrator acting on its behalf has reasonably determined that, in
         addition to the requirements in current law, the following conditions have been met:
              The property owner is current on all mortgage debt on the property and has had no more than
                 one late payment exceeding 30 days during the 12 months immediately preceding the
                 application date.
              The property owner has acknowledged in writing disclosure statements required by the bill, as
                 described below.
              The property is within the geographic boundaries of the applicable qualifying improvement
                 program.
              The term of the financing agreement does not exceed:
                     o For a single qualifying improvement, the estimated useful life36 of the qualifying
                         improvement.
                     o For multiple qualifying improvements, the lesser of (a) thirty years or (b) the greater of
                         either the weighted average estimated useful life of all qualifying improvements being
                         financed or the estimated useful life of the qualifying improvements to which the greatest
                         portion of funds is disbursed.
              The property owner has not been subject to a bankruptcy proceeding within the last 5 years
                 unless it was discharged or dismissed more than 2 years before the application date for
                 financing.
              The property is not subject to an existing home equity conversion mortgage or reverse
                 mortgage product.
              The property is not currently a residential property gifted to a homeowner for free by a nonprofit
                 entity as may be disclosed by the property owner. The failure of a property owner to disclose
                 information set forth in this paragraph does not invalidate a financing agreement or any
                 obligation thereunder.
              The property owner has obtained estimates from at least two unaffiliated, competitive entities,
                 one of which is a qualifying improvement contractor, for the qualifying improvement to be
                 financed.
              The local government or program administrator, as applicable, has asked if the property owner
                 has obtained or sought to obtain additional qualifying improvements on the same property that
                 have not yet been recorded.37
         The bill modifies eligibility requirements for commercial property as follows:
              Delinquency in payment of property taxes or other assessments on a property during the
                 preceding 3 years do not preclude the use of PACE financing if such taxes and assessments
                 are current.
              Involuntary liens on a property do not preclude the use of PACE financing if not greater than
                 $10,000.

36 The bill provides that the useful life of a qualifying improvement must be established third -party standards, including certification

criteria from government agencies or nationally recognized standards and testing organizations.
37 The bill provides that the failure of a property owner to disclose this information does not invalidate a financing agreement or any

obligation thereunder, even if the total financed amount of the qualifyin g improvement exceeds the amount that would otherwise be
authorized.
STORAGE NAME: pcs0669.COM                                                                                                             PAGE: 8
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                 Recorded notices of default or other evidence of property-based debt delinquency during the
                  preceding 3 years do not preclude use of PACE financing if released during that time.

         Further, the bill requires that, prior to entering into a financing agreement with a commercial property
         owner, the local government must have the written consent of the current holders or servicers of any
         mortgage that encumbers or is otherwise secured by the property (or that will be secured by the
         property at the time the financing agreement is executed by the local government).

         Ability to Repay for Residential Property Owners

         The bill requires that, prior to approval of financing for a qualifying improvement on residential property,
         the local government or program administrator, as applicable, must reasonably determine that the
         property owner has the ability to pay the annual non-ad valorem assessment for the qualifying
         improvement, based on information contained in the property owner's application, reasonably reliable
         third-party records, or an automated verification system. To make this determination, the local
         government or program administrator must review the property owner's household income, 38 housing
         expenses, assets, and other debt obligations. In reviewing ability to pay, the local government or
         program administrator:
              When determining household income, may include the income of any property owner aged 18
                 years old or older whose name is on the property title, provided that if a person's income is
                 considered, that person's debt obligations must also be considered.
              May not consider the equity in the property that will secure the non-ad valorem assessment.
              Must determine the property owner's debt obligations using reasonably reliable third-party
                 records, including, at a minimum, one consumer credit report from an agency that meets the
                 requirements of 15 U.S.C. s. 1681a(p). Debt obligations to be reviewed include secured and
                 unsecured debt, housing expenses,39 and stated alimony or child support obligations.
              Must determine whether the property owner has sufficient income to pay the annual non-ad
                 valorem assessment and that he or she has sufficient residual income to meet his or her
                 household living expenses.

         To participate in a qualifying improvement program, the bill requires that a residential property owner
         must have a total debt-to-income ratio no higher than 49 percent.

         Debt-to-Value Limitations on PACE Assessments for Residential Property Owners

         Under current law, the total amount of any PACE assessment on residential property may not exceed
         20 percent of a property’s just value, without consent of the holder or servicer of a mortgage secured by
         a property. The bill replaces the “just value” standard in current law 40 with a “fair market value”
         standard. The bill requires that fair market value be determined by the written report of a certified
         residential appraiser under ch. 475, F.S.

         The bill further provides that, for residential property, the combined mortgage-related debt and the total
         amount of any PACE assessments on the property may not exceed 97 percent of the property’s fair
         market value, absent consent of the holder or servicer of a mortgage secured by the property.
         However, this limit can be exceeded if a property owner fails to disclose whether other PACE
         assessments have already been recorded, or funded but no yet recorded, on the property.

         Disclosures to Residential Property Owners

         The bill requires that local government or program administrator, as applicable, to develop a written
         disclosure form that must be provided to a residential property owner before executing a financing

38 The bill provides that if the local government or program administrator uses an automated verification system, it must be a s ystem

that can verify the property owner's income, is not based on predictive or estimation methodologies, and has been determined sufficient
for such verification purposes by a federal mortgage lending authority or regulator.
39 The bill provides that the local government or program administrator must make a reasonable estimate of the basic housing

expenses based on the number of persons in the household.
40 Under current law, “just value” is the value of the property as determined by the county property appraiser.

STORAGE NAME: pcs0669.COM                                                                                                        PAGE: 9
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       agreement. This disclosure may be presented to the property owner in electronic format and must
       contain the following key terms:
           A description of the qualifying improvement;
           The estimated total financed amount, including the cost of the qualifying improvement, ancillary
              work, program fees, and prepaid interest, if any;
           The annual non-ad valorem assessment process and estimated annual payment schedule;
           The estimated amount of the annual non-ad valorem assessment;
           The term of the total financed amount;
           The interest rate for the financed amount;
           The estimated annual percentage rate;
           The total estimated annual costs that the residential property owner will have to pay under the
              assessment contract, including program fees;
           The total estimated average monthly equivalent of funds the residential property owner would
              have to save per month in order to pay the annual costs of the non-ad valorem assessment,
              including program fees;
           The estimated date when the residential property owner's first property tax payment that
              includes the non-ad valorem assessment, will be due.

       The bill requires that the written disclosure form must also contain the following statements, which must
       be individually acknowledged in writing by the residential property owner :
            "I UNDERSTAND THAT IF I SELL OR REFINANCE THE PROPERTY, I MAY BE REQUIRED
               TO PAY OFF THE OUTSTANDING FINANCED AMOUNT AS A CONDITION OF THE SALE
               OR THE REFINANCE OF THE PROPERTY." (This disclosure must be made in 24-point, bold
               font.)
            "I understand that the annual non-ad valorem assessment will be paid when property taxes are
               paid and will result in a lien being placed on my property."
            "I understand that the annual non-ad valorem assessment will be added to my property tax bill,
               and if I pay my property taxes through my mortgage payment using an escrow account, I must
               notify my mortgage lender."
            "I understand that if I fail to pay the annual non-ad valorem assessment, I may incur penalties
               and fees and the local government could issue a tax certificate which might result in the loss of
               my property."
            “I understand that any potential utility or insurance savings are not guaranteed and will not
               reduce the annual non-ad valorem assessment or total assessment amount.”
            "I understand that I have 5 days to cancel the financing agreement. The 5-day right expires on
               midnight of the fifth business day after I sign the agreement."
            “I understand that the local government, program administrator, or qualifying improvement
               contractor do not provide tax advice and that I should seek professional tax advice if I have
               questions regarding tax credits, tax deductibility, or other tax impacts of the qualifying
               improvement or the assessment contract.
            "I understand that I cannot be assessed a penalty if I prepay the outstanding financed amount."

       The bill provides that a printed or electronic cancellation form must be provided to the property owner
       no later than the time the property owner signs the financing agreement which allows the property
       owner to cancel the contract.

       The bill provides that the local government or program administrator, before a notice to proceed is
       issued on residential property, must conduct an oral, recorded telephone call with the property owner or
       an authorized representative. The program administrator must ask the property owner or authorized
       representative if he or she would like to communicate primarily in a language other than English and
       must use plain language. On the telephone call, the local government or program administrator must
       confirm all of the following with the property owner or authorized representative:
            That at least one property owner has access to a copy of the financing agreement and financing
                estimates and disclosures.
            The qualifying improvements being financed.

STORAGE NAME: pcs0669.COM                                                                               PAGE: 10
DATE: 4/23/2023
                 The total estimated annual costs that the property owner will have to pay under the financing
                  agreement, including program fees.
                 The total estimated average monthly equivalent amount of funds the property owner would have
                  to save in order to pay the annual costs of the assessment, including program fees.
                 The estimated due date for the property owner's first property tax payment that includes the
                  assessment.
                 The term of the financing agreement.
                 That payments for the financing agreement will cause the property owner's annual property tax
                  bill to increase, and that payments will be made through an additional annual non-ad valorem
                  assessment on the property and either will be paid directly to the county tax collector's office as
                  part of the total annual secured property tax bill or may be paid through the property owner's
                  mortgage escrow account.
                 That the property owner has disclosed whether the property has received, or the owner is
                  seeking, additional non-ad valorem assessments funded under this program and that the owner
                  has disclosed all other such assessments which are or will be placed on the property.
                 That the property will be subject to a lien during the term of the financing agreement and that
                  the obligations under the agreement may be required to be paid in full before the property owner
                  sells or refinances the property.
                 That any potential utility or insurance savings are not guaranteed and will not reduce the annual
                  non-ad valorem assessment or total assessment amount.
                 That the local government, program administrator, or qualifying improvement contractor does
                  not provide tax advice, and the property owner should seek professional tax advice if he or she
                  has questions regarding tax credits, tax deductibility, or other tax impacts of the qualifying
                  improvement or the financing agreement.

         The local government or program administrator may not leave a voicemail to satisfy this requirement.

         Financing Agreements

         The bill limits the term of a financing agreement for a single qualifying improvement to the estimated
         useful life41 of the improvement. For multiple qualifying improvements, the term of a financing
         agreement is limited to the lesser of: (1) 30 years; or (2) the greater of either the weighted average
         estimated useful life of all qualifying improvements being financed or the estimated useful life of the
         qualifying improvements to which the greatest portion of funds is disbursed.

         The bill prohibits a financing agreement on residential property from including a negative amortization
         schedule,42 a balloon payment, or prepayment fees other than nominal administrative costs.

         The bill allows a residential property owner to cancel a financing agreement, without any financial
         penalty from the program administrator, within 5 business days after signing the financing agreement.
         The bill provides for relief to such property owners if a contractor has begun work on, or delivered
         chattel or fixtures to, the property when the property owner has exercised timely its right to cancel the
         financing agreement.

         For qualifying improvements to commercial property, the bill provides that a financing agreement may
         be executed before a certificate of occupancy or similar evidence of substantial completion of new
         construction or improvement is issued. Further, the bill provides that progress payments, or payments
         made before completion, are allowed for commercial property if the property owner, upon request for a
         final progress payment, subsequently provides written verification that the qualifying improvements are
         completed and operating as intended.

         Qualifying Improvement Contractors
41 The bill provides that the local government or program administrator, as applicable, shall determine the useful life of a qualifying

improvement using established third-party standards, including certification criteria from government agencies or nationally recognized
standards and testing organizations.
42 The bill provides that capitalized interest included in the original balance of the assessment financing agreement does not constitute

negative amortization.
STORAGE NAME: pcs0669.COM                                                                                                          PAGE: 11
DATE: 4/23/2023
       The bill establishes terms for the enrollment and oversight of qualifying improvement contractors by the
       local governments or program administrator, as applicable. These provisions apply only with respect to
       improvements to residential property.

       Before enrolling a contractor to install qualifying improvements, the bill provides that a local government
       or program administrator, as applicable, must make a reasonable effort to review that the contractor
       maintains in good standing an appropriate license from the state, if applicable, as well as any other
       permit, license, or registration required for engaging in business in the jurisdiction in which he or she
       operates and that the contractor maintains all state-required bond and insurance coverage. Each local
       government or program administrator must also obtain the contractor's written agreement that the
       contractor will act in accordance with all applicable laws, including applicable advertising and marketing
       laws and regulations.

       The bill further provides that each local government or program administrator must maintain a process
       to enroll new contractors which includes reasonable review of the following for each contractor: relevant
       work or project history; financial and reputational background checks; a criminal background check; and
       status on the Better Business Bureau online platform or another online platform that tracks contractor
       reviews. Each local government or program administrator must also establish and maintain a process
       for monitoring qualifying improvement contractors with regard to performance and compliance with
       program policies and must implement policies for suspending, reinstating, and terminating qualifying
       improvement contractors based on violations of program policies or unscrupulous behavior.

       The bill prohibits a program administrator, either directly or through an affiliate, from becoming enrolled
       as a qualifying improvement contractor.

       Before disbursing funds to a contractor for a qualifying improvement on residential property, the local
       government or program administrator must first confirm that the applicable work or service has been
       completed and that the final permit for the qualifying improvement has been closed with all permit
       requirements satisfied.

       The bill prohibits a local government or program administrator from disclosing to a qualifying
       improvement contractor or to a third party engaged in soliciting assessment contracts the maximum
       financing amount for which a residential property owner is eligible. Program administrators are also
       prohibited from providing a qualifying improvement contractor with any payment, fee, or kickback in
       exchange for referring financing business relating to a financing agreement on residential property. The
       bill provides, however that a local government or program administrator may provide information or
       services to a qualifying improvement contractor to facilitate the installation of a qualifying improvement
       for a property owner.

       The bill prohibits a qualifying improvement contractor from providing a different price for a qualifying
       improvement financed under a qualifying improvement program than the contractor would otherwise
       reasonably provide if the qualifying improvement was not being financed through a financing
       agreement under a qualifying improvement program.

       Qualifying Improvement Program Marketing

       The bill prohibits local governments, program administrators, or qualifying improvement contractors, or
       any third party engaged in marketing on behalf of these entities, from representing to residential
       property owners:
           A non-ad valorem assessment under a qualifying improvement program is a government
               assistance program;
           qualifying improvements are free or that financing related to a non-ad valorem assessment
               under a qualifying improvement program is free or provided at no cost;
           The financing of a qualifying improvement under a qualifying improvement program does not
               require the property owner to repay the financial obligation; or
           The tax deductibility of a non-ad valorem assessment under a qualifying improvement program.
STORAGE NAME: pcs0669.COM                                                                                  PAGE: 12
DATE: 4/23/2023
       The bill provides that a qualifying improvement contractor or third party engaged in marketing a
       qualifying improvement program may not advertise the availability of financing agreements or solicit
       residential property owners on behalf of the local government or program administrator unless:
            The qualifying improvement contractor or third party maintains the appropriate registration or
                certification from the Construction Industry Licensing Board or any other permit, license, or
                registration required to conduct business in the jurisdiction in which it operates and provides
                proof of having the required bond and insurance coverage amounts; and
            The local government or program administrator, as applicable, obtains the qualifying
                improvement contractor's or third party's written agreement that the qualifying improvement
                contractor or third party will comply with applicable laws and rules and qualifying improvement
                program policies and procedures, including those on advertising and marketing.

       The bill also provides that a local government or program administrator may not reimburse a qualifying
       improvement contractor or third party for its expenses in advertising and marketing campaigns and
       materials. However, a local government or program administrator, as applicable, and a qualifying
       improvement contractor may share expenses in connection with joint advertising and marketing
       campaigns and materials if the expenses are shared on a commercially reasonable basis.

       Under the bill, a program administrator may not provide any direct cash payment or other thing of
       material value to a property owner explicitly conditioned upon the property owner entering into a
       financing agreement. However, a program administrator may offer programs or promotions that provide
       reduced fees or interest rates if the reduced fees or interest rates are reflected in the financing
       agreements and are not provided to the property owners as cash consideration.

       Annual Report

       The bill requires each local government that has authorized a qualifying improvement program to post
       on its website, by April 1 of each year, an annual report for the previous calendar year. Each annual
       report must include the following information:
            The number of qualifying improvements funded.
            The aggregate, average, and median dollar amounts of annual non-ad valorem assessments
               and the total number of non-ad valorem assessments that funded qualifying improvements.
            The percentage, number, and dollar value of non-ad valorem assessments that funded
               qualifying improvements, aggregated by the category types consisting of energy efficiency,
               renewable energy, wind resistance, residential property wastewater, commercial property
               resiliency, and other commercial property qualifying improvements.
            The number of defaulted non-ad valorem assessments, including the total number and
               defaulted amount, the number and dates of missed payments, the total number of parcels
               defaulted and the years in default, and the percentage of defaults by total assessments.
            A summary of all reported complaints received by the local government and its program
               administrators related to authorized qualifying improvements programs, including the resolution
               of each complaint.
            Estimated number of jobs created.
            The number and percentage of homeowners 60 years of age or older participating in a
               qualifying improvement program.

       Other Provisions

       The bill updates disclosures required by sellers of real property for which a non-ad valorem assessment
       has been levied under a qualifying improvement program to reflect the additional types of qualifying
       improvements authorized by the bill.

       The bill provides that a notice of lien for the full amount of the financing may be recorded in the public
       records of the county where the property is located and that the lien shall not be enforceable in a
       manner that results in the acceleration of the remaining nondelinquent unpaid balance under the
       financing agreement.
STORAGE NAME: pcs0669.COM                                                                                  PAGE: 13
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       The bill provides that an assessment on commercial property for a qualifying improvement is subject to
       a maximum annual fee of 1 percent of the annual assessment collected or $5,000, whichever is less.

       The bill requires program administrators to develop and implement policies and procedures for
       responding to, tracking, and helping to resolve questions and property owner complaints.

       The bill provides that it is prospective only and does not affect or amend any existing PACE
       assessment or interlocal agreement between local governments.

   B. SECTION DIRECTORY:
       Section 1. Amends s. 163.08, F.S., relating to supplemental authority for improvements to 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.




STORAGE NAME: pcs0669.COM                                                                               PAGE: 14
DATE: 4/23/2023
       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       To the extent that a local government or program administrator does not already impose measures
       similar to those in the bill, the bill may impose costs on qualifying improvement program administrators.
       However, by expanding eligible uses for PACE financing, the bill may result in expanded use of PACE
       financing, and, in turn, program administrators may earn additional revenues on PACE loans.

   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 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 does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0669.COM                                                                                PAGE: 15
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           PCS for CS/HB 669                                                                                    2023




    1                                         A bill to be entitled
    2              An act relating to improvements to real property;
    3              amending s. 163.08, F.S.; revising legislative intent;
    4              defining and revising terms; authorizing a residential
    5              or commercial property owner to apply to a qualifying
    6              improvement program for funding to finance an
    7              improvement and to enter into a financing agreement
    8              with the local government or program administrator;
    9              providing that a non-ad valorem assessment on certain
10                 commercial property is subject to a certain fee;
11                 specifying requirements of a financing agreement for
12                 government commercial property; revising and
13                 specifying public recording requirements for
14                 assessment financing agreements and notices of lien;
15                 revising requirements that apply to local governments
16                 and program administrators in determining eligibility
17                 for assessment financing; revising requirements for
18                 qualifying improvements; revising the calculation of
19                 non-ad valorem assessment limits; providing
20                 construction; specifying underwriting, financing
21                 estimate, disclosure, and confirmation requirements
22                 for program administrators; restricting what
23                 improvements may be covered in certain agreements
24                 between local governments and commercial property
25                 owners; revising notice and consent requirements

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        PCS for CS/HB 669                                                                                    2023




26              regarding a property owner's intent to enter into a
27              financing agreement; revising the seller's disclosure
28              statement for residential and commercial properties
29              offered for sale; authorizing a residential real
30              property owner, under certain circumstances and within
31              a certain timeframe, to cancel a financing agreement
32              without financial penalty; specifying limitations on
33              financing agreement terms for residential real
34              property; prohibiting certain financing terms for
35              residential real property; specifying requirements
36              for, and certain prohibited acts by, program
37              administrators relating to financing agreements and
38              contractors for qualifying improvements to residential
39              real property; specifying annual reporting
40              requirements for local governments; providing
41              construction; providing an effective date.
42
43      Be It Enacted by the Legislature of the State of Florida:
44
45              Section 1.         Section 163.08, Florida Statutes, is amended to
46      read:
47              163.08       Supplemental authority for improvements to real
48      property.—
49              (1)(a)       In chapter 2008-227, Laws of Florida, the
50      Legislature amended the energy goal of the state comprehensive

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        PCS for CS/HB 669                                                                                    2023




51      plan to provide, in part, that the state shall reduce its energy
52      requirements through enhanced conservation and efficiency
53      measures in all end-use sectors and reduce atmospheric carbon
54      dioxide by promoting an increased use of renewable energy
55      resources. That act also declared it the public policy of the
56      state to play a leading role in developing and instituting
57      energy management programs that promote energy conservation,
58      energy security, and the reduction of greenhouse gases. In
59      addition to establishing policies to promote the use of
60      renewable energy, the Legislature provided for a schedule of
61      increases in energy performance of buildings subject to the
62      Florida Energy Efficiency Code for Building Construction. In
63      chapter 2008-191, Laws of Florida, the Legislature adopted new
64      energy conservation and greenhouse gas reduction comprehensive
65      planning requirements for local governments. In the 2008 general
66      election, the voters of this state approved a constitutional
67      amendment authorizing the Legislature, by general law, to
68      prohibit consideration of any change or improvement made for the
69      purpose of improving a property's resistance to wind damage or
70      the installation of a renewable energy source device in the
71      determination of the assessed value of residential real
72      property.
73              (b)         The Legislature finds that all energy-consuming-
74      improved properties that are not using energy conservation
75      strategies contribute to the burden affecting all improved

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         PCS for CS/HB 669                                                                                    2023




 76      property resulting from fossil fuel energy production. Improved
 77      property that has been retrofitted with energy-related
 78      qualifying improvements receives the special benefit of
 79      alleviating the property's burden from energy consumption. All
 80      improved properties not protected from wind damage by wind
 81      resistance qualifying improvements contribute to the burden
 82      affecting all improved property resulting from potential wind
 83      damage. Improved commercial property constructed or that has
 84      been retrofitted with resiliency qualifying improvements and
 85      improved residential property retrofitted with wind resistance
 86      qualifying improvements receive receives the special benefit of
 87      reducing the property's burden from potential wind damage.
 88      Further, the installation and operation of qualifying
 89      improvements not only benefit the affected properties for which
 90      the improvements are made, but also assist in fulfilling the
 91      goals of the state's energy and hurricane mitigation policies.
 92      Residential properties that do not use advanced technologies for
 93      wastewater removal contribute to the water quality problems
 94      affecting this state, particularly the coastal areas. Improved
 95      residential property that has been retrofitted with an advanced
 96      onsite sewage treatment and disposal system or has been
 97      converted to central sewerage significantly benefits the quality
 98      of water that may enter streams, lakes, rivers, aquifers, or
 99      coastal areas.
100              (c)         In order to make qualifying improvements more

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         PCS for CS/HB 669                                                                                    2023




101      affordable and assist property owners who wish to undertake such
102      improvements, the Legislature finds that there is a compelling
103      state interest in enabling property owners to voluntarily
104      finance such improvements with local government assistance.
105              (d)(c)        The Legislature determines that the actions
106      authorized under this section, including, but not limited to,
107      the financing of qualifying improvements through the execution
108      of financing agreements and the related imposition of voluntary
109      assessments are reasonable and necessary to serve and achieve a
110      compelling state interest and are necessary for the prosperity
111      and welfare of the state and its property owners and
112      inhabitants.
113              (2)         As used in this section, the term:
114              (a)         "Commercial property" means real property not defined
115      as residential property which will be or has been improved by a
116      qualifying improvement, including, but not limited to, the
117      following:
118              1.      A multifamily residential property composed of five or
119      more dwelling units;
120              2.      A commercial real property;
121              3.      An industrial building or property;
122              4.      An agricultural property;
123              5.      A nonprofit-owned property;
124              6.      A long-term care facility, including nursing homes and
125      assisted living facilities; or

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         PCS for CS/HB 669                                                                                    2023




126              7.      A government commercial property.
127              (b)         "Facility" means any portion of a building, structure,
128      or site improvement located on a site as defined in s. 202 of
129      the 2020 Florida Building Code.
130              (c)         "Government commercial property" means real property
131      owned by a local government and leased to a nongovernmental
132      lessee where the usage by the lessee meets the definition of
133      commercial property.
134              (d)(a)        "Local government" means a county, a municipality,
135      a dependent special district as defined in s. 189.012, or a
136      separate legal entity created pursuant to s. 163.01(7).
137              (e)         "Nongovernmental lessee" means a person or an entity
138      other than a local government which leases government commercial
139      property.
140              (f)         "Program administrator" means an entity, including,
141      but not limited to, a for-profit or not-for-profit entity, with
142      which a local government has contracted to administer a
143      qualifying improvement program.
144              (g)         "Qualifying improvement contractor" means an
145      independent contractor who has been enrolled under a qualifying
146      improvement program to install or otherwise perform work on
147      qualifying improvements financed through the program.
148              (h)         "Qualifying improvement program" means a program
149      established by a local government, alone or in partnership with
150      other local governments or a program administrator, to finance

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         PCS for CS/HB 669                                                                                    2023




151      qualifying improvements on residential or commercial real
152      property.
153              (i)(b)       "Qualifying improvements": improvement”
154              1.      For residential property, includes any:
155              a.1.        Energy conservation and efficiency improvement, which
156      is a measure to reduce consumption through conservation or a
157      more efficient use of electricity, natural gas, propane, or
158      other forms of energy on the property, including, but not
159      limited to, air sealing; installation of insulation;
160      installation of energy-efficient heating, cooling, or
161      ventilation systems; building modifications to increase the use
162      of daylight; replacement of windows; installation of energy
163      controls or energy recovery systems; installation of electric
164      vehicle charging equipment; and installation of efficient
165      lighting equipment.
166              b.2.        Renewable energy improvement, which is the
167      installation of any system in which the electrical, mechanical,
168      or thermal energy is produced from a method that uses one or
169      more of the following fuels or energy sources: hydrogen, solar
170      energy, geothermal energy, bioenergy, and wind energy.
171              c.3.        Wind resistance improvement, which includes, but is
172      not limited to:
173              (I)a.        Improving the strength of the roof deck attachment;
174              (II)b.       Creating a secondary water barrier to prevent water
175      intrusion;

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         PCS for CS/HB 669                                                                                    2023




176              (III)c.        Installing wind-resistant shingles;
177              (IV)d.        Installing gable-end bracing;
178              (V)e.        Reinforcing roof-to-wall connections;
179              (VI)f.        Installing storm shutters; or
180              (VII)g.        Installing opening protections.
181              d.      Wastewater improvement, which includes, but is not
182      limited to:
183              (I)         The removal, replacement, or improvement of an onsite
184      sewage treatment and disposal system with a secondary or
185      advanced onsite sewage treatment and disposal system or
186      technology;
187              (II)        The replacement or conversion of an onsite sewage
188      treatment and disposal system to a central sewerage system or
189      distributed sewerage system, including, but not limited to, the
190      installation of a sewer lateral and anything necessary to
191      connect the onsite sewage treatment and disposal system or the
192      building's plumbing to a central sewerage system or distributed
193      sewerage system; or
194              (III)        Any removal, repairs, or modifications made to an
195      onsite sewage treatment and disposal system, including any
196      repair, modification, or replacement of a system required under
197      a local ordinance enacted pursuant to ss. 381.0065 and
198      381.00651.
199              2.      For commercial property, includes any:
200              a.      Energy conservation and efficiency improvement, which

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         PCS for CS/HB 669                                                                                    2023




201      is a measure to reduce consumption through conservation or a
202      more efficient use of electricity, natural gas, propane, or
203      other forms of energy on the property, including, but not
204      limited to, air sealing; installation of insulation;
205      installation of energy-efficient heating, cooling, or
206      ventilation systems; building modifications to increase the use
207      of daylight; replacement of windows; installation of energy
208      controls or energy recovery systems; installation of electric
209      vehicle charging equipment; installation of efficient lighting
210      equipment; or any other improvements necessary to achieve a
211      sustainable building rating or compliance with a national model
212      green building code.
213              b.      Renewable energy improvement, which is the installation
214      of any system in which the electrical, mechanical, or thermal
215      energy is produced from a method that uses one or more of the
216      following fuels or energy sources: hydrogen, solar energy,
217      geothermal energy, bioenergy, and wind energy.
218              c.      Resiliency improvement, which includes, but is not
219      limited to:
220              (I)         Improving the strength of the roof deck attachment;
221              (II)        Creating a secondary water barrier to prevent water
222      intrusion;
223              (III)        Installing wind-resistant shingles;
224              (IV)        Installing gable-end bracing;
225              (V)         Reinforcing roof-to-wall connections;

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         PCS for CS/HB 669                                                                                    2023




226              (VI)        Installing storm shutters;
227              (VII)        Installing opening protections;
228              (VIII)        Creating or improving stormwater and flood
229      resiliency, including shoreline improvements; or
230              (IX)        Making any other improvements necessary to achieve a
231      sustainable building rating or compliance with a national model
232      resiliency standard and any improvements to a structure to
233      achieve wind or flood insurance rate reductions, includ ing
234      building elevation.
235              (j)         "Residential property" means a residential real
236      property composed of four or fewer dwelling units which has been
237      or will be improved by a qualifying improvement.
238              (3)         A local government may levy non-ad valorem assessments
239      to fund qualifying improvements.
240              (4)         Subject to local government ordinance or resolution, a
241      residential or commercial property owner may apply to the
242      qualifying improvement program local government for funding to
243      finance a qualifying improvement and enter into a financing
244      agreement with the local government. Costs incurred by the local
245      government for such purpose may be collected as a non -ad valorem
246      assessment. A non-ad valorem assessment must shall be collected
247      pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a),
248      is shall not be subject to discount for early payment. However,
249      the notice and adoption requirements of s. 197.3632(4) do not
250      apply if this section is used and complied with, and the intent

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         PCS for CS/HB 669                                                                                    2023




251      resolution, publication of notice, and mailed notices to the
252      property appraiser, tax collector, and Department of Revenue
253      required by s. 197.3632(3)(a) may be provided on or before
254      August 15 in conjunction with any non-ad valorem assessment
255      authorized by this section, if the property appraiser, tax
256      collector, and local government agree. A non-ad valorem
257      assessment on a commercial property securing financing for a
258      qualifying improvement, notwithstanding ss. 192.091(2)(b) and
259      197.3632(8)(c), is subject to a maximum annual fee of 1 percent
260      of the annual non-ad valorem assessment collected or $5,000,
261      whichever is less.
262              (5)         Pursuant to this section or as otherwise provided by
263      law or pursuant to a local government's home rule power, a local
264      government may enter into a partnership with one or more local
265      governments for the purpose of providing and financing
266      qualifying improvements.
267              (6)         A qualifying improvement program may be administered
268      by a for-profit entity or a not-for-profit organization on
269      behalf of and at the discretion of the local government.
270              (7)         A local government may incur debt for the purpose of
271      providing financing for qualifying such improvements, which debt
272      is payable from revenues received from the improved property , or
273      any other available revenue source authorized by law.
274              (8)(a)        A local government may enter into a financing
275      agreement to finance or refinance a qualifying improvement only

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         PCS for CS/HB 669                                                                                    2023




276      with the record owner of the affected property. For government
277      commercial property, the financing agreement must be executed by
278      the nongovernmental lessee with the written consent of the
279      governmental lessor. Evidence of such consent must be provided
280      to the local government. The financing agreement with a
281      nongovernmental lessee must provide that the nongovernmental
282      lessee is the only party obligated to pay the assessment .
283              (b)         Any financing agreement entered into pursuant to this
284      section or a summary memorandum of such agreement must shall be
285      submitted for recording recorded in the public records of the
286      county within which the property is located by the sponsoring
287      unit of local government within 10 5 days after execution of the
288      agreement. The recorded agreement provides shall provide
289      constructive notice that the non-ad valorem assessment to be
290      levied on the property constitutes a lien of equal dignity to
291      county taxes and assessments from the date of recordation. A
292      notice of lien for the full amount of the financing may be
293      recorded in the public records of the county where the property
294      is located. Such lien shall not be enforceable in a manner that
295      results in the acceleration of the remaining nondelinquent
296      unpaid balance under the assessment financing agreement.
297              (9)(a) Before entering into A financing agreement for a
298      residential property may not be approved unless, the local
299      government, or the program administrator acting on its behalf,
300      has shall reasonably determined determine that all of the

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         PCS for CS/HB 669                                                                                    2023




301      following conditions have been met:
302              1.      All property taxes and any other assessments levied on
303      the same bill as property taxes are current paid and have not
304      been delinquent for the preceding 3 years or the property
305      owner's period of ownership, whichever is less.; that
306              2.      There are no involuntary liens, including, but not
307      limited to, construction liens on the property.; that
308              3.      No notices of default or other evidence of property -
309      based debt delinquency have been recorded during the preceding 3
310      years or the property owner's period of ownership, whichever is
311      less.; and that
312              4.      The property owner is current on all mortgage debt on
313      the property and has had no more than one late payment exceeding
314      30 days during the 12 months immediately preceding the
315      application date.
316              5.      The property owner has acknowledged in writing the
317      disclosure statements required by paragraph (12)(b) .
318              6.      The property is within the geographic boundaries of the
319      applicable qualifying improvement program.
320              7.      The term of the financing agreement does not exceed:
321              a.      For a single qualifying improvement, the estimated
322      useful life of the qualifying improvement.
323              b.      For multiple qualifying improvements, the lesser of:
324              (I)         Thirty years; or
325              (II)        The greater of either the weighted average estimated

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         PCS for CS/HB 669                                                                                    2023




326      useful life of all qualifying improvements being financed or the
327      estimated useful life of the qualifying improvements to which
328      the greatest portion of funds is disbursed.
329
330      The local government or program administrator, as applicable,
331      shall determine the useful life of a qualifying improvement
332      using established third-party standards, including certification
333      criteria from government agencies or nationally recognized
334      standards and testing organizations.
335              8.      The property owner has not been subject to a bankruptcy
336      proceeding within the last 5 years unless it was discharged or
337      dismissed more than 2 years before the date on which the
338      property owner applied for funding as set forth in subsection
339      (4);
340              9.      The property is not subject to an existing home equity
341      conversion mortgage or reverse mortgage product.
342              10.         The property is not currently a residential property
343      gifted to a homeowner for free by a nonprofit entity as may be
344      disclosed by the property owner. The failure of a property owner
345      to disclose information set forth in this paragraph does not
346      invalidate a financing agreement or any obligation thereunder.
347              11.         The property owner has obtained estimates from at
348      least two unaffiliated, competitive entities, one of which is a
349      qualifying improvement contractor, for the qualifying
350      improvement to be financed.

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         PCS for CS/HB 669                                                                                    2023




351              12.         The local government or program administrator, as
352      applicable, has asked if the property owner has obtained or
353      sought to obtain additional qualifying improvements on the same
354      property that have not yet been recorded. The failure of a
355      property owner to disclose information set forth in this
356      subsection does not invalidate a financing agreement or any
357      obligation thereunder, even if the total financed amount of the
358      qualifying improvement exceeds the amount that would otherwise
359      be authorized under paragraph (15)(a).
360
361      The existence of a prior qualifying improvement non -ad valorem
362      assessment or a prior financing agreement is not evidence that
363      the financing agreement under consideration is affordable or
364      meets other program requirements.
365              (b)         A financing agreement for a commercial property may
366      not be approved unless the local government, or the program
367      administrator acting on its behalf, has reasonably determined
368      that all of the following conditions have been met:
369              1.      All property taxes and any other assessments levied on
370      the same bill as property taxes are current.
371              2.      There are no involuntary liens greater than $10,000,
372      including, but not limited to, construction liens on the
373      property.
374              3.      No notices of default or other evidence of property-
375      based debt delinquency have been recorded and not released

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         PCS for CS/HB 669                                                                                    2023




376      during the preceding 3 years or the property owner's period of
377      ownership, whichever is less.
378              4.      The property owner is current on all mortgage debt on
379      the property.
380              (10)        In addition to obtaining the information in
381      subsection (9)(a), and before a local government or program
382      administrator, as applicable, approves a qualifying improvement
383      on residential property, the local government or program
384      administrator must use information contained in the property
385      owner's application, reasonably reliable third-party records, or
386      an automated verification system to reasonably determine whether
387      the property owner has the ability to pay the annual non -ad
388      valorem assessment for the qualifying improvement. The local
389      government or program administrator, as applicable, must review
390      the property owner's household income, housing expenses, assets,
391      and other debt obligations. If the local government or program
392      administrator, as applicable, uses an automated verification
393      system, it must be a system that can verify the property owner's
394      income, is not based on predictive or estimation methodologies,
395      and has been determined sufficient for such verification
396      purposes by a federal mortgage lending authority or regulator.
397      In reviewing the property owner's ability to pay, the local
398      government or program administrator, as applicable:
399              (a)         When determining the household income, may include the
400      income of any property owner aged 18 years old or older whose

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         PCS for CS/HB 669                                                                                    2023




401      name is on the property title. If a person's income is
402      considered, that person's debt obligations must also be
403      considered.
404              (b)         May not consider the equity in the property that will
405      secure the non-ad valorem assessment.
406              (c)         Shall determine the property owner's debt obligations
407      using reasonably reliable third-party records, including, at a
408      minimum, one consumer credit report from an agency that meets
409      the requirements of 15 U.S.C. s. 1681a(p). Debt obligations to
410      be reviewed include:
411              1.      Secured and unsecured debt.
412              2.      Housing expenses. The local government or program
413      administrator, as applicable, shall make a reasonable estimate
414      of the basic housing expenses based on the number of persons in
415      the household.
416              3.      Stated alimony or child support obligations.
417              (d)         Shall determine whether the property owner has
418      sufficient income to pay the annual non-ad valorem assessment
419      and that he or she has sufficient residual income to meet his or
420      her household living expenses. To participate in a qualifying
421      improvement program, a residential property owner must have a
422      total debt-to-income ratio no higher than 49 percent.
423              (11)        Each local government or program administrator that
424      offers a qualifying improvement program for residential
425      properties must:

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         PCS for CS/HB 669                                                                                    2023




426              (a)         Develop a written disclosure form, which may be
427      presented in electronic format, that must be provided to the
428      residential property owner before the property owner executes
429      the financing agreement and which contains the key terms of the
430      agreement, including:
431              1.      A description of the qualifying improvement;
432              2.      The estimated total financed amount, including the cost
433      of the qualifying improvement, ancillary work, program fees, and
434      prepaid interest, if any;
435              3.      The annual non-ad valorem assessment process and
436      estimated annual payment schedule;
437              4.      The estimated amount of the annual non-ad valorem
438      assessment;
439              5.      The term of the total financed amount;
440              6.      The interest rate for the financed amount;
441              7.      The estimated annual percentage rate;
442              8.      The total estimated annual costs that the residential
443      real property owner will have to pay under the assessment
444      contract, including program fees;
445              9.      The total estimated average monthly equivalent amount
446      of funds the residential real property owner would have to save
447      in order to pay the annual costs of the non-ad valorem
448      assessment, including program fees; and
449              10.         The estimated due date of the residential property
450      owner's first property tax payment that includes the non -ad

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         PCS for CS/HB 669                                                                                    2023




451      valorem assessment.
452              (b)         Include the following statements in the written
453      disclosure form, using the same order as listed in this
454      paragraph, each of which must be individually acknowledged in
455      writing by the residential property owner:
456              1.      "I UNDERSTAND THAT IF I SELL OR REFINANCE THE PROPERTY,
457      I MAY BE REQUIRED TO PAY OFF THE OUTSTANDING FINANCED AMOUNT AS
458      A CONDITION OF THE SALE OR THE REFINANCE OF THE PROPERTY."
459
460      The previous statement must be made in at least 24-point
461      boldfaced type.
462              2.      "I understand that the annual non-ad valorem assessment
463      will be paid when property taxes are paid and will result in a
464      lien being placed on my property."
465              3.      "I understand that the annual non-ad valorem assessment
466      will be added to my property tax bill, and if I pay my property
467      taxes through my mortgage payment using an escrow a ccount, I
468      must notify my mortgage lender."
469              4.      "I understand that if I fail to pay the annual non-ad
470      valorem assessment, I may incur penalties and fees, and the
471      local government could issue a tax certificate which might
472      result in the loss of my property."
473              5.      "I understand that any potential utility or insurance
474      savings are not guaranteed and will not reduce the annual non -ad
475      valorem assessment or total assessment amount."

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         PCS for CS/HB 669                                                                                    2023




476              6.      "I understand that I have 5 days to cancel the
477      financing agreement. The 5-day right expires at midnight of the
478      third business day after I sign the agreement."
479              7.      "I understand that the local government, program
480      administrator, or qualifying improvement contractor do not
481      provide tax advice and that I should seek professional tax
482      advice if I have questions regarding tax credits, tax
483      deductibility, or other tax impacts of the qualifying
484      improvement or the assessment contract.
485              8.      "I understand that I cannot be assessed a penalty if I
486      prepay the outstanding financed amount."
487              (c)         Provide a printed or electronic cancellation form to
488      the residential property owner no later than the date on which
489      the property owner signs the financing agreement which allows
490      the property owner to cancel the contract, within the 5 -day
491      period specified in subparagraph (b)6.
492              (d)         Before a notice to proceed is issued, conduct, with at
493      least one residential property owner or an individual legally
494      authorized to act on behalf of the property owner, who is not
495      affiliated or associated with the local government, program
496      administrator, or qualifying improvement contractor, an oral,
497      recorded telephone call during which time the local government
498      or program administrator, as applicable, must use plain
499      language. The local government or program administrator, as
500      applicable, must ask the residential property owner or

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         PCS for CS/HB 669                                                                                    2023




501      authorized representative if he or she would like to communicate
502      primarily in a language other than English and, if so, must
503      conduct the call in the owner's or representative's preferred
504      language. A local government or program administrator, as
505      applicable, may not leave a voicemail for the residential
506      property owner or authorized representative to satisfy this
507      requirement. A local government or program administrator, as
508      applicable, as part of this telephone call, must confirm with
509      the residential property owner or authorized representative:
510              1.      That at least one residential property owner has access
511      to a copy of the assessment contract and financing estimates and
512      disclosures.
513              2.      The qualifying improvement that is being financed.
514              3.      The total estimated annual costs that the residential
515      property owner will have to pay under the assessment contract,
516      including program fees.
517              4.      The total estimated average monthly equivalent amount
518      of funds the residential property owner would have to save in
519      order to pay the annual costs of the non-ad valorem assessment,
520      including program fees.
521              5.      The estimated due date of the residential property
522      owner's first property tax payment that includes the non -ad
523      valorem assessment.
524              6.      The term of the assessment contract.
525              7.      That payments for the assessment contract will cause

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         PCS for CS/HB 669                                                                                    2023




526      the residential property owner's annual tax bill to increase and
527      that payments will be made through an additional annual non-ad
528      valorem assessment on the property and will be paid either
529      directly to the county tax collector's office as part of the
530      total annual secured property tax bill or may be paid through
531      the residential property owner's mortgage escrow account.
532              8.      That the qualifying residential property owner has
533      disclosed whether the property has received or is seeking
534      additional non-ad valorem assessments and has disclosed all
535      other assessments or special taxes that are or will be placed on
536      the property.
537              9.      That the property will be subject to a lien during the
538      term of the assessment contract and that the obligations under
539      the contract may be required to be paid in full before the
540      residential property owner sells or refinances the property.
541              10.         That any potential utility or insurance savings are
542      not guaranteed and will not reduce the annual non-ad valorem
543      assessment or total assessment amount.
544              11.         That the local government, program administrator, or
545      qualifying improvement contractor does not provide tax advice
546      and that the residential property owner should seek professional
547      tax advice regarding questions about tax credits, tax
548      deductibility, or other tax impacts of the qualifying
549      improvement or the assessment contract.
550              (12)(a)        A residential property owner may cancel a

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         PCS for CS/HB 669                                                                                    2023




551      financing agreement within 5 business days after signing the
552      financing agreement without any financial penalty from the
553      program administrator for doing so.
554              (b)         A contract to sell or install a qualifying improvement
555      that is related to an application for financing in a qualifying
556      improvement program for a residential property is unenforceable,
557      and a qualifying improvement contractor may not begin work under
558      such a contract, if the property owner applied for, accepted,
559      and canceled a qualifying improvement financing agreement within
560      the 5-day right-to-cancel period set forth in paragraph (a).
561              (c)         If a qualifying improvement contractor has initiated
562      work on a residential property under a contract deemed
563      unenforceable under this subsection, the qualifying improvement
564      contractor:
565              1.      May not receive compensation for that work under the
566      financing agreement.
567              2.      Must restore the property to its original condition at
568      no cost to the property owner.
569              3.      Must immediately return any money, property, and other
570      consideration given by the property owner. If the property owner
571      provided any property and the qualifying improvement contractor
572      does not or cannot return it, the qualifying improvement
573      contractor shall immediately return the fair market value of the
574      property or its value as designated in the contract, whichever
575      is greater.

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         PCS for CS/HB 669                                                                                    2023




576              (d)         If the qualifying improvement contractor has delivered
577      chattel or fixtures to the residential property pursuant to a
578      contract deemed unenforceable under this subsection, the
579      qualifying improvement contractor shall have 90 days from the
580      date on which the contract was executed to retrieve the chattel
581      or fixtures, provided that:
582              1.      The qualifying improvement contractor has fulfilled the
583      requirements of subparagraphs (c)2. and 3.
584              2.      The chattel and fixtures can be removed at the
585      qualifying improvement contractor's expense without damaging the
586      property owner's property and practically returned.
587              (e)         If a qualifying improvement contractor fails to comply
588      with this subsection, the residential property owner may retain
589      any chattel or fixtures provided pursuant to a contract deemed
590      unenforceable under this subsection.
591              (f)         A contract which is otherwise unenforceable under this
592      subsection remains enforceable if the residential property owner
593      waives his or her right to cancel the contract, allows the
594      qualifying improvement contractor to proceed with the
595      installation of the qualifying improvement, and cancels the
596      financing agreement.
597              (13)(10)           To constitute an improvement to a building or
598      facility, a qualifying improvement must shall be affixed to a
599      building or facility that is part of the property and shall
600      constitute an improvement to the building or facility or a

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         PCS for CS/HB 669                                                                                    2023




601      fixture attached to the building or facility.
602              (a)         A financing an agreement between a local government
603      and a residential qualifying property owner may not cover wind-
604      resistance improvements in buildings or facilities under new
605      construction or construction for which a certificate of
606      occupancy or similar evidence of substantial completion of new
607      construction or improvement has not been issued.
608              (b)         A financing agreement may be executed for qualifying
609      improvements in the construction of a commercial property before
610      a certificate of occupancy or similar evidence of substantial
611      completion of new construction or improvement is issued.
612      Progress payments, or payments made before completion, are
613      allowed for commercial properties, provided that the property
614      owner subsequently provides, upon request for a final progress
615      payment disbursement, written verification to the local
616      government confirming that the qualifying improvements are
617      completed and operating as intended. A financing agreement with
618      a commercial property owner may cover wind-resistance
619      improvements in buildings or facilities under new construction
620      or construction for which a certificate of occupancy or similar
621      evidence of substantial completion of new construction or
622      improvement has not been issued.
623              (14)(11)           Any work requiring a license under any applicable
624      law to make a qualifying improvement shall be performed by a
625      contractor properly certified or registered pursuant to part I

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         PCS for CS/HB 669                                                                                    2023




626      or part II of chapter 489, as applicable.
627              (15)(12)(a)            Without the consent of the holders or loan
628      servicers of any mortgage encumbering or otherwise secured by
629      residential the property:,
630              1.      The total amount of any non-ad valorem assessment for a
631      residential property under this section may not exceed 20
632      percent of the fair market just value of the real property as
633      determined by the county property appraiser.
634              2.      The combined mortgage-related debt and total amount of
635      any non-ad valorem assessments funded under this section for
636      residential property may not exceed 97 percent of the fair
637      market value of the residential real property.
638
639      The failure of a property owner to disclose information set
640      forth in subparagraph (9)(a)12. does not invalidate a financing
641      agreement or any obligation thereunder, even if the total
642      financed amount of the qualifying improvements exceeds the
643      amount that would otherwise be authorized under this paragraph.
644      For purposes of this paragraph, fair market value shall be
645      established by a written appraisal report prepared by a
646      certified residential appraiser under chapter 475.
647              (b)         Before entering into a financing agreement with the
648      owner of a commercial property, the local government or program
649      administrator, as applicable, must be in receipt of the written
650      consent of the current holders or loan servicers of any mortgage

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         PCS for CS/HB 669                                                                                    2023




651      that encumbers or is otherwise secured by the property or that
652      will otherwise be secured by the property at the time the
653      financing agreement is executed by the local government or
654      program administrator. Notwithstanding paragraph (a), a non-ad
655      valorem assessment for a qualifying improvement defined in
656      subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported
657      by an energy audit is not subject to the limits in this
658      subsection if the audit demonstrates that the annual energy
659      savings from the qualified improvement equals or exceeds the
660      annual repayment amount of the non-ad valorem assessment.
661              (16)(13)          At least 30 days before entering into a financing
662      agreement, the property owner must shall provide to the holders
663      or loan servicers of any existing mortgages encumbering or
664      otherwise secured by the property a written notice of the
665      owner's intent to enter into a financing agreement together with
666      the maximum principal amount to be financed and the maximum
667      annual assessment necessary to repay that amount. A verified
668      copy or other proof of such notice must shall be provided to the
669      local government or program administrator, as applicable. A
670      provision in any agreement between a mortgagee or other
671      lienholder and a property owner, or otherwise now or hereafter
672      binding upon a property owner, which allows for acceleration of
673      payment of the mortgage, note, or lien or other unilateral
674      modification solely as a result of entering into a financing
675      agreement as provided for in this section is not enforceable.

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         PCS for CS/HB 669                                                                                    2023




676      This subsection does not limit the authority of the holder or
677      loan servicer to increase the required monthly escrow by an
678      amount necessary to annually pay the annual qualifying
679      improvement assessment.
680              (17)(14)           At or before the time a seller purchaser executes
681      a contract for the sale and purchase of any property for which a
682      non-ad valorem assessment has been levied under this section and
683      has an unpaid balance due, the seller must shall give the
684      prospective purchaser a written disclosure statement in either
685      of the following forms form, which must shall be set forth in
686      the contract or in a separate writing.
687              (a)         For a residential property:
688
689              QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
690              RENEWABLE ENERGY, ADVANCED TECHNOLOGIES FOR WASTEWATER
691              REMOVAL, OR WIND RESISTANCE.—The property being
692              purchased is located within the jurisdiction of a
693              local government that has placed an assessment on the
694              property pursuant to s. 163.08, Florida Statutes. The
695              assessment is for a qualifying improvement to the
696              property relating to energy efficiency, renewable
697              energy, advanced technologies for wastewater removal,
698              or wind resistance, and is not based on the value of
699              property. You are encouraged to contact the county
700              property appraiser's office to learn more about this

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         PCS for CS/HB 669                                                                                    2023




701              and other assessments that may be provided by law.
702
703              (b)         For a commercial property:
704
705              QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
706              RENEWABLE ENERGY, OR RESILIENCY.—The property being
707              purchased is located within the jurisdiction of a
708              local government that has placed an assessment on the
709              property pursuant to s. 163.08, Florida Statutes. The
710              assessment is for a qualifying improvement to the
711              property relating to energy efficiency, renewable
712              energy, or resiliency, and is not based on the value
713              of property. You are encouraged to contact the county
714              property appraiser's office to learn more about this
715              and other assessments that may be provided by law.
716
717              (18)        A financing agreement authorized under this section
718      on residential property may not include any of the following
719      financing terms:
720              (a)         A negative amortization schedule. Capitalized interest
721      included in the original balance of the assessment financing
722      agreement does not constitute negative amortization.
723              (b)         A balloon payment.
724              (c)         Prepayment fees, other than nominal administrative
725      costs.

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         PCS for CS/HB 669                                                                                    2023




726              (19)        For residential property, a local government or
727      program administrator, as applicable:
728              (a)         May not enroll a qualifying improvement contractor who
729      contracts with residential property owners to install qualifying
730      improvements unless:
731              1.      The local government or program administrator, as
732      applicable, determines that the qualifying improvement
733      contractor maintains in good standing an appropriate license
734      from the state, if applicable, as well as any other permits,
735      licenses, or registrations required for engaging in its business
736      in the jurisdiction in which it operates and maintains all
737      state-required bond and insurance coverage.
738              2.      The local government or program administrator, as
739      applicable, obtains the qualifying improvement contractor's
740      written agreement that the qualifying improvement contractor
741      will comply with all applicable laws, including applicable
742      advertising and marketing laws and regulations and the
743      requirements of this section.
744              (b)         Must maintain a process to enroll new qualifying
745      improvement contractors that includes reasonable review of the
746      following for each contractor:
747              1.      Relevant work or project history.
748              2.      Financial and reputational background checks, including
749      a criminal background check.
750              3.      The contractor's status on the Better Business Bureau

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         PCS for CS/HB 669                                                                                    2023




751      platform or other online platforms that track contractor
752      reviews.
753              (c)         Must establish and maintain a process for monitoring
754      qualifying improvement contractors with regard to performance
755      and compliance with program policies and must implement policies
756      for suspending, reinstating, and terminating qualifying
757      improvement contractors based on violations of program policies
758      or unscrupulous behavior.
759
760      A program administrator, either directly or through an
761      affiliate, may not be enrolled as a qualifying improvement
762      contractor.
763              (20)(a)        Before disbursing funds to a qualifying
764      improvement contractor for a qualifying improvement on
765      residential property, the local government or program
766      administrator, as applicable, must confirm that the applicable
767      work or service has been completed and that the final permit for
768      the qualifying improvement has been closed with all permit
769      requirements satisfied.
770              (b)         A local government or program administrator, as
771      applicable, may not disclose the maximum financing amount for
772      which a residential property owner is eligible to a qualifying
773      improvement contractor or to a third party engaged in soliciting
774      assessment contracts financed pursuant to this section.
775              (21)        When communicating with residential property owners,

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         PCS for CS/HB 669                                                                                    2023




776      a local government, program administrator, or qualifying
777      improvement contractor, or a third party engaged in marketing on
778      behalf of these entities, must comply with the following
779      marketing and communications guidelines and may not:
780              (a)         Suggest or imply:
781              1.      That a non-ad valorem assessment authorized under this
782      section is a government assistance program;
783              2.      That qualifying improvements are free or provided at no
784      cost or that the financing related to a non-ad valorem
785      assessment authorized under this section is free or provided at
786      no cost; or
787              3.      That the financing of a qualifying improvement using a
788      qualifying improvement program authorized pursuant to this
789      section does not require the property owner to repay the
790      financial obligation.
791              (b)         Make any representation as to the tax deductibility of
792      a non-ad valorem assessment on residential real property. A
793      local government, program administrator, or qualifying
794      improvement contractor, or a third party engaged in marketing on
795      behalf of these entities, may encourage a property owner to seek
796      the advice of a tax professional regarding tax matters related
797      to assessments.
798              (22)(a)        A qualifying improvement contractor or third party
799      engaged in marketing a qualifying improvement program may not
800      advertise the availability of financing agreements or solicit

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         PCS for CS/HB 669                                                                                    2023




801      property owners on behalf of the local government or program
802      administrator unless:
803              1.      The qualifying improvement contractor or third party
804      maintains the appropriate registration or certification from the
805      Construction Industry Licensing Board or any other permit,
806      license, or registration required to conduct business in the
807      jurisdiction in which it operates and provides proof of having
808      the required bond and insurance coverage amounts.
809              2.      The local government or program administrator, as
810      applicable, obtains the qualifying improvement contractor's or
811      third party's written agreement that the qualifying improvement
812      contractor or third party will comply with applicable laws and
813      rules and qualifying improvement program policies and
814      procedures, including those on advertising and marketing.
815              (b)         A local government or program administrator may not
816      provide any payment, fee, or kickback to a qualifying
817      improvement contractor for referring financing business relating
818      to any financing agreement on residential property. However, a
819      program administrator may provide information or services to a
820      qualifying improvement contractor to facilitate the installation
821      of a qualifying improvement for a property owner.
822              (c)         A local government or program administrator may not
823      reimburse a qualifying improvement contractor or third party for
824      its expenses in advertising and marketing campaigns and
825      materials. A local government or program administrator, as

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         PCS for CS/HB 669                                                                                    2023




826      applicable, and a qualifying improvement contractor may share
827      expenses in connection with joint advertising and marketing
828      campaigns and materials if the expenses are shared on a
829      commercially reasonable basis.
830              (d)         A local government or program administrator may not
831      provide to a qualifying improvement contractor any information
832      that discloses the amount of funds for which a property owner is
833      eligible for qualifying improvements or the amount of equity in
834      a property.
835              (e)         For residential properties, a qualifying improvement
836      contractor may not provide a different price for a qualifying
837      improvement financed under this section than the qualifying
838      improvement contractor would otherwise reasonably provide if the
839      qualifying improvement was not being financed through a
840      financing agreement under this section.
841              (f)         A program administrator may not provide any direct
842      cash payment or other thing of material value to a propert y
843      owner explicitly conditioned upon the property owner entering
844      into a financing agreement. However, a program administrator may
845      offer programs or promotions that provide reduced fees or
846      interest rates if the reduced fees or interest rates are
847      reflected in the financing agreements and are not provided to
848      the property owners as cash consideration.
849              (23)        Each local government and program administrator must
850      develop and implement policies and procedures for responding to,

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         PCS for CS/HB 669                                                                                    2023




851      tracking, and resolving questions and complaints about its
852      qualifying improvement program.
853              (24)        Each local government that has authorized a
854      qualifying improvement program shall post on its website an
855      annual report for the period ending December 31 each year
856      containing the following information:
857              (a)         The number of qualifying improvements funded.
858              (b)         The aggregate, average, and median dollar amounts of
859      annual non-ad valorem assessments and the total number of non -ad
860      valorem assessments that funded qualifying improvements.
861              (c)         The percentage, number, and dollar value of non-ad
862      valorem assessments that funded qualifying improvements,
863      aggregated by the category types consisting of energy
864      efficiency, renewable energy, wind resistance, residential
865      property wastewater, commercial property resiliency, and other
866      commercial property qualifying improvements.
867              (d)         The number of defaulted non-ad valorem assessments,
868      including the total number and defaulted amount, the number and
869      dates of missed payments, the total number of parcels defaulted
870      and the years in default, and the percentage of defaults by
871      total assessments.
872              (e)         A summary of all reported complaints received by the
873      local government and its program administrators related to
874      authorized qualifying improvements programs, including the
875      resolution of each complaint.

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         PCS for CS/HB 669                                                                                    2023




876              (f)         Estimated number of jobs created.
877              (g)         The number and percentage of homeowners 60 years of
878      age or older participating in a qualifying improvement program.
879
880      This report shall be posted no later than April 1 of the year
881      following the calendar year covered by the report.
882              (25)(15)           A provision in any agreement between a local
883      government and a public or private power or energy provider or
884      other utility provider is not enforceable to limit or prohibit
885      any local government from exercising its authority under this
886      section.
887              (26)(16)           This section is additional and supplemental to
888      county and municipal home rule authority and not in derogation
889      of such authority or a limitation upon such authority.
890              (27)        This section is prospective only and does not affect
891      or amend any existing non-ad valorem assessment or any existing
892      interlocal agreement between local governments.
893              Section 2.          This act shall take effect July 1, 2023.




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PCS for HB 917
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 917 Wage and Employment Benefits
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Thompson           Hamon


                                             SUMMARY ANALYSIS
The federal Fair Labor Standards Act (FLSA) provides workers with minimum wage, overtime pay, and child
labor protections. The FLSA authorizes the U.S. Secretary of Labor to administer the FLSA provisions,
including workplace inspections, investigations, and enforcement of violations. The current federal minimum
wage rate under the FLSA is $7.25 an hour. Most wage and salary workers are covered by the FLSA. The
FLSA exempts certain employers and employees from the federal minimum wage and overtime requirements,
including minor league baseball players.

Pursuant to the State Constitution, on September 30, 2021, Florida’s minimum wage increased to $10 per
hour. Each year, thereafter, Florida’s minimum wage will increase by $1 until the minimum wage reaches $15
per hour on September 30, 2026. Beginning in 2027, the minimum wage will be adjusted annually for inflation,
as it had from 2005-2021.

The Florida Minimum Wage Act (Act) was enacted in 2005 to implement the minimum wage provisions in the
State Constitution. The Act designates the Department of Economic Opportunity (DEO) as the state agency
that implements the minimum wage requirements and establishes procedures with respect to enforcement of
violations. The Act specifies that:
     Only those individuals entitled to receive the federal minimum wage under the FSLA, and its
         implementing regulations, are eligible to receive the state minimum wage.
     Federal minimum wage exemptions in the FLSA are considered incorporated into the Act.

Florida’s wage and employment benefits law preempts the establishment of a minimum wage to the state.
Thus, local governments cannot establish a minimum wage for employers in their jurisdiction. Local
governments are also prohibited from requiring an employer to provide employment benefits not required by
state or federal law. However, local governments have limited authority to establish a minimum wage and to
require specific employment benefits for their own employees and those of their vendors or contractors.

The bill amends the Act to clarify that the state minimum wage will track the federal minimum wage, as set
forth and “as amended,” in the FLSA. This aligns Florida’s minimum wage exemptions with recent
amendments to federal exemptions.

The bill amends Florida’s wage and employment benefits law to:
    Prohibit local governments from seeking to control or affect the wages or employment benefits, or
        awarding preferences on the basis of wages or employment benefits, provided by their vendors,
        contractors, service providers, or other parties doing business with the local government through
        purchasing and contracting procedures.
    Remove the ability of local governments to establish a minimum wage for the employees of an
        employer contracting to provide goods or services for the local government, or for the employees of a
        subcontractor of such an employer, under the terms of a contract with the local government.

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

The bill is effective 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: pcs0917.COM
DATE: 4/23/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Fair Labor Standards Act

         The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
         minimum wage, overtime pay, and child labor protections. 1 In 1938, the FLSA established a minimum
         wage of $.25 an hour. The current federal minimum wage rate is $7.25 an hour, which went into effect
         July 24, 2009.2 The FLSA applies to employment within any state in the U.S., the District of Columbia
         or any territory or possession of the U.S.3

         The FLSA covers most private and public sector employees. However, certain employers and
         employees are exempt from coverage, including: individuals with disabilities, youth workers, tipped
         workers and executive, administrative and professional workers. The FLSA covers businesses if the
         business has annual sales of at least $500,000.4 It also covers certain individual employees if such
         employee is engaged in interstate commerce.

         Regardless of the dollar amount of revenues of a business, the FLSA applies to:5
             Governments: Federal, state, or local government agencies.
             Hospitals: Hospitals, or institutions primarily engaged in the care of the sick, the aged, or the
               mentally ill or disabled who live on the premises. (It does not matter if the hospital or institution
               is public or private or is operated for profit or not-for-profit.)
             Schools: Pre-schools, elementary or secondary schools or institutions of higher learning (e.g.,
               college), or a school for mentally or physically handicapped or gifted children. (It does not
               matter if the school or institution is public or private or operated for profit or not-for-profit.)

         The FLSA includes several exemptions from the federal minimum wage provisions, including:6
             Executive, administrative and professional employees;
                  o Teachers and academic administrative personnel in elementary and secondary schools,
                       outside sales employees, and employees in certain computer-related occupations.
             Employees in certain seasonal amusement or recreational establishments, employees in certain
               small newspapers, seamen employed on foreign vessels, employees engaged in fishing
               operations, and employees engaged in newspaper delivery;
             Farm workers employed by certain employers;
             Causal babysitters and persons employed as companions for the elderly or infirm;
             Border patrol agents 7; and

1 29 U.S.C. § 201-219   and 29 C.F.R. ch. V.
2 Congressional Research Service, CRS Report R42713,         The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20provides
%20workers%20with%20min imu m,employees%20are%20exempt%20fro m%20coverage, (last visited Mar. 14, 2023). (The main
FLSA provisions and accompanying Department of Labor (DOL) regulations constitute what is commonly known as federal wage and
hour laws and federal child labor law.).
3 Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,

https://crsreports.congress.gov/product/pdf/R/R42713#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20provides
%20workers%20with%20min imu m,employees%20are%20exempt%20fro m%20coverage, (last visited Mar. 14, 2023). (The FLSA
does not apply to employees working in a foreign country even if the employer has its main office in the U.S.).
4 The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includ es all business

activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
5 U.S. Department of Labor, Fair Labor Standards Act Advisor, https://webapps.dol.gov/elaws/whd/flsa/scope/screen10.asp, (last

visited Mar. 15, 2023).
6 29 U.S.C. § 213. (It also includes separate exemptions from overtime pay.)
7 Border Patrol Agent Pay Reform Act of 2014, S.1691, 113th Cong, (2014).
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DATE: 4/23/2023
                 Baseball players who are compensated pursuant to a contract that provides for a weekly salary
                  for services performed during the league’s championship season at a rate that is not less than a
                  weekly salary equal to the minimum wage.

         The FLSA was amended in 2014, related to border patrol agents, and again in 2018, to exempt minor
         league baseball players who are paid at least $290 per week during the 2018 championship season
         from the federal minimum wage rate and overtime pay.8 These two amendments were the only
         amendments made to the minimum wage exemptions provisions of the FLSA since Florida passed its
         minimum wage law in 2005.9

         The FLSA provides that if states enact worker protections, including minimum wage rates, that are
         more protective of employees than what is provided by the FLSA, the state law applies. 10
         Consequently, no state law may weaken the worker protections in the FLSA. However, state laws that
         impose greater worker protections will supersede those in the FLSA.11

         Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage
         greater than the federal minimum wage. Thirteen states provide a minimum wage that is equal to the
         federal minimum wage. Five states have not adopted a minimum wage and two states have a minimum
         wage that is below the federal minimum wage.12 For those seven states, the federal minimum wage
         applies, but only to those workers covered by the FLSA.

         Article X, Section 24 of the Florida Constitution

         On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum wage
         provision (Section 24) that established the state minimum wage.13 Prior to this date Florida did not have
         a law on minimum wage so the FLSA applied for covered workers. Section 24 provides the amount of
         the minimum wage and the procedure for calculating increases in the minimum wage. 14

         Florida voters again on November 3, 2020, voted to approve a constitutional amendment related to the
         state’s minimum wage, Amendment 2, to gradually increase the state’s minimum wage to $15 an hour
         by the year 2026.15 Pursuant to the passage of Amendment 2, on September 30, 2021, Florida’s
         minimum wage increased to $10 per hour. Each year, thereafter, Florida’s minimum wage will increase




8 See Levi Weaver, On Minor-League Pay, MLB’s Stance Doesn’t Line Up with the Facts, ATHLETIC             (Apr. 4, 2018),
https://www.theathletic.com/293189/%202018/04/04/on-minor-league-pay-mlbs-stance-doesnt-line-up-with-the-facts// (last visited
March 1, 2023). (When recounting salary scale per level of minor league baseball, the article notes “federally -recognized poverty line
is $12,140 per year for single-individual households.” According to the article, a not-insignificant percentage of minor league players
are able to subsidize their relatively meager monthly salaries by drawing upon the signing bonuses they received from their MLB
clubs when first entering the professional ranks. These bonuses can range anywhere from $10,000 to several million dollars. “ The top
64 picks [in the MLB draft] last year all received a bonus of over $1,000,000 before taxes, but roughly 40% of players signe d for one-
time bonuses of $10,000 or less.”
9 S. 448.110, F.S., expressly references ss. 213 and 214 of the FLSA, which address minimum wage exemptions and employment

under special certificates, respectively. However, s. 214 has not been amended since 1989. (See Pub. L. 101–157, § 4(d), Nov. 17,
1989, 103 Stat. 941.)
10 29 U.S.C. §218.
11 Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 2,

2023,
https://crsreports.congress.gov/product/pdf/R/R42713#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20provides
%20workers%20with%20min imu m,employees%20are%20exempt%20fro m%20coverage, (last visited Mar. 14, 2023).
12 U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited

Mar. 15, 2023).
13 Art. X, s. 24., Fla. Const.
14 Art. X, s. 24 (c), Fla. Const.
15 U.S. Department of State, Notice of Increase to State of Florida’s Minimum Wage, https://www.state.gov/wp-

content/uploads/2021/01/2021-01-29-Notice-FL-M inimu m-Wage-Increase.pdf (last visited Mar. 3, 2023).
STORAGE NAME: pcs0917.COM                                                                                                      PAGE: 3
DATE: 4/23/2023
         by $1 until the minimum wage reaches $15 per hour on September 30, 2026. 16 Beginning in 2027, the
         minimum wage will be adjusted annually for inflation, as it had been done from 2004 - 2021.

         Related to minimum wage, the Florida Constitution states, “All working Floridians are entitled to be paid
         a minimum wage sufficient to provide a decent and healthy life, that protects their employers from
         unfair low wage competition, and that does not force them to rely on taxpayer-funded public services.”17

         The Florida Constitution references the FLSA and specifically ties the meaning 18 of certain terms,
         “Employer,” “Employee” and “Wage,” to have the meanings established under the FLSA and its
         implementing regulations.19 It also indicates that that case law, administrative interpretations, and other
         guiding standards developed under the federal FLSA must guide the construction of Florida’s
         Constitution related to Section 24 and any implementing statutes or regulations. 20

         Florida Minimum Wage Act

         The Florida Minimum Wage Act (Act) was enacted in 2005 to implement the minimum wage provisions
         in the State Constitution.21 The Act designates the Department of Economic Opportunity (DEO) as the
         state agency that implements the minimum wage requirements, establishes procedures with respect to
         civil actions alleging violations, and provides that it is the exclusive remedy under state law for
         violations of Section 24.22

         The Act provides that effective May 2, 2005, employers are required to pay employees a minimum
         wage at an hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive
         the federal minimum wage under the FSLA and its implementing regulations are eligible to receive the
         state minimum wage pursuant to the State Constitution and this statute. The provisions of ss. 213 and
         214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and
         implemented by the Secretary of Labor, are incorporated by reference.23

         The Act requires DEO to calculate an adjusted state minimum wage rate and requires the Department
         of Revenue (DOR) and DEO to annually publish the amount of the adjusted state minimum wage and
         the effective date on their websites. The Act authorizes persons to file a complaint or inform any person
         of his or her potential rights pursuant to Section 24 regarding unpaid wages.24 The Act also authorizes
         the Attorney General (AG) to bring a civil action to enforce these provisions. The AG may seek
         injunctive relief, and for willful violations, may seek to impose a fine of $1,000 per violation, payable to
         the state.25

         As it relates to the federal minimum wage and the FLSA, the Act specifies that:26
              Only those individuals entitled to receive the federal minimum wage under the FSLA, and its
                 implementing regulations, are eligible to receive the state minimum wage; and
              Provisions related to federal minimum wage exemptions in the FLSA are considered
                 incorporated in the Act.



16 Department of Economic Opportunity, Florida’s Minimum Wage, https://floridajobs.org/docs/default-source/business-growth-and-

partnerships/for-employers/posters-and-required-notices/2022-minimum-wage/2022-florida-minimu m-wage-
announcement.pdf?sfvrsn=961754b0_2 (last visited Mar. 3, 2023).
17 Art. X, s. 24 (a), Fla. Const.
18 In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880 So. 2d 636, 641–42 (Fla. 2004). (“The proposed

amendment does not state that it is adopting the FLSA's definition of the term “employee,” but provides that it is adopting the meaning
of the term “employee,” which is a much broader concept.”)
19 Art. X, s. 24(b), Fla. Const.
20 Art. X, s. 24(f), Fla. Const.
21 Ch. 2005-353, Laws of Fla., codified in s. 448.110, F.S.
22 S. 448.110(10), F.S.
23 S. 448.110(3), F.S.
24 S. 448.110(6), F.S.
25 S. 448.110(7), F.S.
26 S. 448.110(3), F.S.
STORAGE NAME: pcs0917.COM                                                                                                      PAGE: 4
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         Professional Baseball in Florida

         Currently, there are 12 minor league baseball teams that are affiliated with Major League Baseball
         (MLB) in Florida. There are approximately 500 players currently rostered, employed, and being paid by
         the 12 Florida Minor League Baseball teams.27 Additionally, 15 MLB teams conduct major and minor
         league spring training in Florida at thirteen different spring training facilities, a decrease from 18 teams
         in 2008 and 16 teams in 2009. The Cleveland Indians (previously playing at Winter Haven), Los
         Angeles Dodgers (Vero Beach) and Cincinnati Reds (Sarasota) have all moved to Arizona in recent
         years.28 Two teams that play in the MLB, the Miami Marlins and the Tampa Bay Rays, are permanently
         located in Florida.

         The main baseball season runs from early April to early October with teams typically playing six days a
         week. There are also play-offs which take place at the end of the normal season for the top-ranking
         teams. The main season is preceded by spring training which typically starts around the middle of
         February. Many of Florida’s baseball parks host other MLB teams every Spring as part of the Grapefruit
         League Spring Training season. According to a 2018 economic impact study, the 2018 Florida
         Grapefruit League generated an economic impact of approximately $687 million, $348 million in direct
         spending, 7,152 jobs, and $253 million in earned wages, for the State of Florida.29

         According to the industry, baseball players hours vary widely based on a number of factors, which can
         vary. Players often perform extra activities, work longer hours than regularly scheduled, and perform
         different activities than their teammates.30 As a result, the MLB has argued that the nature of the sport
         stymies conventional attempts at categorizing “work hours.”31

         Recently, MLB agreed to pay $185 million to current and former minor league baseball players to settle
         a federal class action lawsuit in California alleging violations of minimum wage laws.32 In the lawsuit,
         the players sued MLB and the MLB Clubs claiming they failed to pay the players minimum wage and
         overtime pay in violation of the FLSA and state wage-and-hour laws in California, Arizona, and Florida.

         MLB also agreed to rescind any prohibitions against teams paying wages to minor league players
         outside of the season. The MLB also committed to issuing a memorandum advising their clubs to
         compensate minor leaguers in compliance with wage-and-hour laws in effect in Arizona and Florida
         during spring training, extended spring training, instructional leagues, and the championship season in
         those states, including any minimum wage laws that apply.33

         The Court held the final approval hearing related to the settlement on February 17, 2023. A late filed
         motion to object to the settlement was filed and the Court has taken the motion under consideration. A
         ruling is not expected until late March 2023.34

         Local Wage Ordinances


27 See Michael Avallone, Then and now: Florida State League, MiLB.com,         https://www.milb.com/news/florida-state-league-overview
(last visited Mar. 3, 2023).
28 FloridaReview.co.uk, FLORIDA SPRING TRAINING 2023, https://floridareview.co.uk/florida-events/florida-spring-training (last

visited Mar. 15, 2023).
29 Florida Sports Foundation, 2018 MLB SPRING TRAINING ECONOMIC IMPACT STUDY, http://playinflorida.com/wp-

content/uploads/2018/08/GFL-IS-Page-by-Page-Booklet-spread.pdf (last visited Mar. 15, 2023).
30 Bleacher Report, Pregame Routines: A Typical Day in the Life of a Professional Baseball Player,

https://bleacherreport.com/articles/1061824-pregame -routines-a-typical-day-in-the-life-of-a-professional-baseball-player (last visited
Mar. 15, 2023).
31 Pew Trusts, Baseball Players Press Lawmakers for Minor League Labor Standards, https://www.pewtrusts.org/en/research-and-

analysis/blogs/stateline/2022/03/30/baseball-players-press-lawmakers-for-minor-league-labor-standards (last visited Mar. 19, 2023).
32 Aaron Senne et al vs. Office of the Commissioner of Baseball et al ., Civil Case No. 14-cv-00608.
33 NBC News, MLB settles minor league players' wage-and-hour class action suit for $185 million,

https://www.nbcnews.com/news/us -news/mlb-settles-minor-league-players-wage-hour-class-action-suit-185-milli-rcna38554 (last
visited Mar. 15, 2023).
34 JND Legal Administration, WELCOME TO THE SENNE V. OFFICE OF THE COMMISSIONER OF BASEBALL SETTLEMENT

WEBSITE, https://www.baseballplayerwagecase.com/ (last visited Mar. 15, 2023).
STORAGE NAME: pcs0917.COM                                                                                                      PAGE: 5
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         The federal Fair Labor Standards Act does not preempt state laws or municipal ordinances from
         establishing a higher minimum wage. See s. 18(a) of the federal Fair Labor Standards Act of 1938, as
         amended, 29 U.S.C. s. 218:

                    No provision of [the Fair Labor Standards Act] or of any order thereunder shall
                    excuse noncompliance with any Federal or State law or municipal ordinance
                    establishing a minimum wage higher than the minimum wage established under
                    [the federal act].

         In Florida, the State Constitution authorizes counties to enact ordinances that are not inconsistent with
         state law.35 The State Constitution also grants municipalities the power to enact ordinances on any
         subject that state law may address, except:36
              The subjects of annexation, merger, and exercise of extraterritorial power;
              Any subject expressly prohibited by the State Constitution;
              Any subject expressly preempted to state or county government by the State Constitution or by
                 law; or
              Any subject preempted to a county under a county charter.

         In 2003, the Legislature preempted the establishment of minimum wages to the state. 37 However, a
         political subdivision (local government)38 retains the authority to establish a minimum wage other than a
         state or federal minimum wage or to provide employment benefits not otherwise required under state or
         federal law for:39
               Its employees;
               The employees of an employer contracting to provide goods or services for the local
                  government, or for the employees of a subcontractor of such an employer, under the terms of a
                  contract with the local government; or
               The employees of an employer receiving a direct tax abatement or subsidy from the local
                  governments, as a condition of the direct tax abatement or subsidy.

         The law also provides an exception for domestic violence or sexual abuse ordinances, orders, rules, or
         policies adopted by a local government.40

         The law contains an exception for situations where compliance with the law would prevent a local
         government from receiving federal funds. This allows compliance with the Davis-Bacon and related
         acts,41 which direct the federal Department of Labor to determine fair wages for contractors and
         subcontractors working on public buildings and public works. Florida law only allows non-compliance
         with regard to local minimum wage alterations to the extent necessary to allow receipt of federal
         funds.42

         Additionally, local governments are prohibited from requiring an employer to provide employment
         benefits 43 not required by state or federal law.44


35 Section 1(f) and (g), Art. VIII   of the State Constitution; see also s. 125.01, F.S.
36 Section 2(b), Art. VIII of the State Constitution.
37 S. 218.077(2),   F.S.
38 “Political subdivision” is defined to mean a county, municipality, department, commission, district, board, or other public b ody,

whether corporate or otherwise, created by or under state law. S. 218.077(1)(f), F.S.
39 S. 218.077(3)(a), F.S.
40 S. 218.077(3)(b), F.S.
41 See, e.g., 40 U.S.C. 3141 et seq.
42 S. 218.077(4), F.S.
43 “Employment benefits” is defined to mean anything of value that an employee may receive from an employer in addition to wages

and salary. The term includes, but is not limited to, health benefits; disability benefits; death benefits; group accidental death and
dismemberment benefits; paid or unpaid days off for holidays, sick leave, vacation, and personal necessity; retirement benefits; and
profit-sharing benefits. S. 218.077(1)(d), F.S.
44 S. 218.077(2), F.S. Federally authorized and recognized tribal governments, however, are not prohibited from requiring employ ment

benefits for a person employed within a territory over which the tribe has jurisdiction. S. 218.077(5), F.S.
STORAGE NAME: pcs0917.COM                                                                                                        PAGE: 6
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        Recent Court Ruling

        In 2016, the city of Miami Beach enacted a local ordinance establishing a minimum hourly wage
        significantly exceeding the current Florida minimum wage. The ordinance applied to all employers
        operating with the city. The ordinance, which was scheduled to take effect on January 1, 2018,
        established both a local minimum wage of $10.31 an hour and annual increases to $13.31 an hour
        effective January 2021. Subsequently, the ordinance was challenged on the grounds that it was
        preempted by Florida’s wage and employment benefits law that preempts the establishment of
        minimum wages to the state, and Florida’s Third District Court of Appeals struck down the ordinance.
        The court held that the Florida Constitution authorizes the state legislature to preempt municipal
        powers by statute. The court also rejected the city’s principal argument that Article X, Section 24 of the
        Florida Constitution, raising the state minimum wage, made the statute unconstitutional. In 2018, the
        Florida Supreme Court agreed to take up the case.45 However, in 2019, the Florida Supreme Court
        issued an order that discharged jurisdiction over the case. As a result, the Third District’s decision
        invalidating Miami Beach’s local wage ordinance appears to currently stand.46

        Effect of Proposed Changes

        The bill amends the Act to incorporate current and future amendments made to the FLSA into the Act,
        aligning Florida’s minimum wage exemptions with federal exemptions.

        Specifically, the bill:
            Deletes an unnecessary date;
            Adds “as amended” to the reference to the FLSA; and
            Provides that this specific amendment to the Act is intended to “clarify existing law.”

        The bill amends Florida’s wage and employment benefits law to address local wage and employment
        benefits mandates. Specifically, the bill prohibits political subdivisions or local governments from
        seeking to control or affect the wages or employment benefits provided by their vendors, contractors,
        service providers, or other parties doing business with the political subdivision:
            Through their purchasing or contracting procedures, or
            Through the use of evaluation factors, qualification of bidders, or otherwise from awarding
                preferences on the basis of wages or employment benefits provided by their vendors,
                contractors, service providers, or other parties doing business with the political subdivision.

        The bill removes the exception allowing political subdivisions to establish a minimum wage or
        employment benefits not otherwise required under state or federal law for the employees of an
        employer contracting to provide goods or services for the political subdivision, or for the employees of a
        subcontractor of such an employer, under the terms of a contract with the political subdivision.

    B. SECTION DIRECTORY:
        Section 1:        Amends s. 448.110, F.S., relating to state minimum wage; annual wage adjustment;
                          enforcement.

        Section 2:        Provides applicability.

        Section 3:        Provides an effective date of upon becoming law.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

45 City of Miami Beach v. Florida Retail Federation, Inc., 233 So.3d 1236 at 1238 (Fla. 3d DCA 2017) (declined for review February
5, 2019).
46 JDSUPRA, Can Cities Set a Local Minimum Wage? Florida Supreme Court Says No (Feb. 14, 2019),

https://www.jdsupra.com/legalnews/can-cities-set-a-local-minimu m-wage-67192/ (last visited Apr. 21, 2023).
STORAGE NAME: pcs0917.COM                                                                                                  PAGE: 7
DATE: 4/23/2023
       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 effect on salaries paid to minor league baseball players.

       The bill will no longer allow political subdivisions or local governments to establish a minimum wage
       greater than a state or federal minimum wage for their vendors or contractors nor would they be
       allowed to require employers that have contracts or subcontracts with a political subdivision to provide
       employment benefits not otherwise required under state or federal law. This change may lower
       operating costs for these private employers.

   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
   None.


STORAGE NAME: pcs0917.COM                                                                                   PAGE: 8
DATE: 4/23/2023
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           PCS for HB 917                                                                                       2023




    1                                          A bill to be entitled
    2              An act relating to wage and employment benefits;
    3              amending s. 218.077, F.S.; prohibiting political
    4              subdivisions from controlling, affecting, or awarding
    5              preferences, related to wages or employment benefits
    6              of entities contracting with the political
    7              subdivision; amending s. 448.110, F.S.; providing that
    8              the state minimum wage only applies to individuals who
    9              are entitled to receive the federal minimum wage under
10                 the federal Fair Labor Standards Act, as amended;
11                 providing applicability; providing an effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                 Section 1.          Subsection (2) and paragraph (a) of subsection
16         (3) of section 218.077, Florida Statutes, are amended to read:
17                 218.077         Wage and employment benefits requirements by
18         political subdivisions; restrictions.—
19                 (2)          Except as otherwise provided in subsection (3), a
20         political subdivision may not establish, mandate, maintain, or
21         otherwise require an employer to pay a minimum wage, other than
22         a state or federal minimum wage, to apply a state or federal
23         minimum wage to wages exempt from a state or federal minimum
24         wage, or to provide employment benefits not otherwise required
25         by state or federal law. No political subdivision may through

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                                                                                                        PCS for HB 917
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        PCS for HB 917                                                                                       2023




26      its purchasing or contracting procedures seek to control or
27      affect the wages or employment benefits provided by its vendors,
28      contractors, service providers, or other parties doing business
29      with the political subdivision. A political subdivision shall
30      not through the use of evaluation factors, qualification of
31      bidders, or otherwise award preferences on the basis of wages or
32      employment benefits provided by its vendors, contractors,
33      service providers, or other parties doing business with the
34      political subdivision.
35              (3)          This section does not:
36              (a)          Limit the authority of a political subdivision to
37      establish a minimum wage other than a state or federal minimum
38      wage or to provide employment benefits not otherwise required
39      under state or federal law:
40              1.       For the employees of the political subdivision; or
41              2.       For the employees of an employer contracting to provide
42      goods or services for the political subdivision, or for the
43      employees of a subcontractor of such an employer, under the
44      terms of a contract with the political subdivision; or
45              3.       For the employees of an employer receiving a direct tax
46      abatement or subsidy from the political subdivision, as a
47      condition of the direct tax abatement or subsidy.
48              Section 2.          Subsection (3) of section 448.110, Florida
49      Statutes, is amended to read:
50              448.110         State minimum wage; annual wage adjustment;

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                                                                                                     PCS for HB 917
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        PCS for HB 917                                                                                       2023




51      enforcement.—
52              (3)          Effective May 2, 2005, Employers shall pay employees a
53      minimum wage at an hourly rate of $6.15 for all hours worked in
54      Florida. Only those individuals entitled to receive the federal
55      minimum wage under the federal Fair Labor Standards Act , as
56      amended, and its implementing regulations shall be eligible to
57      receive the state minimum wage pursuant to s. 24, Art. X of the
58      State Constitution and this section. The provisions of ss. 213
59      and 214 of the federal Fair Labor Standards Act, as interpreted
60      by applicable federal regulations and implemented by the
61      Secretary of Labor, are incorporated herein.
62              Section 3.          The amendments to s. 448.110, Florida Statutes,
63      in this act are intended to clarify existing law.
64              Section 4.          This act shall take effect upon becoming a law.




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                                                                                                     PCS for HB 917
PCS for CS/HB 1013
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 1013 Protection from Discrimination Based on Health Care Choices
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Lloyd              Hamon


                                                     SUMMARY ANALYSIS
The COVID-19 pandemic caused millions of deaths around the world, including over 1.1 million in the U.S.
Currently, hospitalizations and deaths from COVID-19 remain relatively low nationwide. In response, the federal
government issued Emergency Use Authorizations (EUAs) and full approvals, for vaccines and treatments. The
federal government also required vaccination and other preventive measures in certain settings. The pandemic led
to a worldwide debate on the role of government and private employers in su ch public health emergencies.

Current Florida law prohibits: businesses and governments from requiring employees to be vaccinated; businesses,
governments and educational institutions from requiring proof of vaccination or post -infection recovery; and schools
from requiring students to wear masks or be vaccinated. Enforcement is by the Department of Legal Affairs (DLA)
within the Office of the Attorney General, by the Department of Health (DOH), or by private court action, depending
on the provision.

The BILL amends current prohibitions and creates additional prohibitions. The bill:

        Prohibits businesses, governmental entities, and educational institutions from requiring a person to take a
         COVID-19 test, wear a facial covering to gain access to or use their services or document vaccination status
         for any COVID-19 vaccine, mRNA vaccine, or EUA vaccine.
        Prohibits businesses, governmental entities, and educational institutions from discriminating against a
         person for refusing to comply with a requirement prohibited by the bill, or current law, and specifically
         prohibits employment discrimination by businesses and governmental entities.
        Requires businesses, governmental entities, and educational institutions to provide exemptions and
         reasonable accommodations related to other (non-COVID-19, non-EUA and non-mRNA) vaccines.
        Prohibits business, governmental entities, and educational institutions from using polices of international
         public health organizations, unless expressly authorized by state government.
        Prohibits the use of facial coverings in health care settings, except in compliance with emergency rules
         required by the bill to be adopted by DOH and the Agency for Health Care Administration (AHCA) .

The bill requires DLA to enforce the provisions against businesses and governmental entities, and moves
enforcement of the current prohibitions against documentation requirements related to vaccination status or post-
infection recovery from DOH to DLA. Similarly, the bill requires DOH to enforce the provisions against educational
institutions, and repeals the current authority for parents and adult students to pursue declaratory and injunctive
relief to enforce the current prohibitions against requiring documentation of COVID-19 vaccination or post-infection
recovery.

The bill requires express informed patient consent for the use of COVID-19 treatment alternatives. Practitioners
must consider treatment alternatives approved or authorized by the U.S. Food an d Drug Administration, and explain
the risks and benefits. It prohibits hospitals from interfering with the patient’s right to choose treatment alternatives,
under certain circumstances. Finally, the bill grants pharmacists licensure discipline immunity for dispensing a
prescribed COVID-19 treatment alternative.

The bill has a significant, negative fiscal impact on DLA and DOH, and no impact on local government.

The bill is effective June 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1013.COM
DATE: 4/23/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Background

        mRNA Vaccines

        Vaccines help prevent infection by preparing the body to fight foreign bacteria, viruses, or other
        pathogens. All vaccines introduce a harmless piece of a particular bacteria or virus into the body,
        triggering an immune response.1

        Messenger ribonucleic acid (mRNA) is a molecule that contains instructions directing cells in the human
        body to make a certain protein. To enter cells smoothly, mRNA travels within a protective bubble called
        a lipid nanoparticle. mRNA vaccines introduce a piece of mRNA that corresponds to a viral protein,
        usually a small piece of a protein found on the virus’s outer membrane. By using this mRNA instruction,
        cells can build the protein, which matches parts of the pathogen called antigens. 2 Once cells finish
        making this protein, they quickly break down the mRNA. mRNA from a vaccine does not enter the
        nucleus and does not alter DNA.3

        The immune system sees these foreign antigens as invaders, dispatching defenders called antibodies
        and T-cells, and training the immune system for potential future attacks. If the real virus attacks the
        body, the body’s cells should recognize it, alerting the defender cells.

        Though many people first became aware of mRNA technology because of COVID-19 vaccines, the
        technology is not new to the scientific community. For decades, scientists have studied mRNA, looking
        for ways to unlock its potential to prevent and treat disease. While the mechanism of action for mRNA
        technology is relatively simple, researchers have worked for years to develop technologies to allow
        mRNA to work in practical applications in the real world.4

        mRNA vaccines have been used successfully to attain strong immunity in animals against influenza
        virus, Zika virus, rabies virus and others.5 Current research is ongoing for human mRNA vaccines for
        various infectious diseases, including HIV, Hepatitis C, Influenza, Malaria, and Tuberculosis.
        Additionally, researchers are working on mRNA vaccines for cancer and genetic diseases as well as
        treatments for food-based and environmental allergies.6

        COVID-19

        Beginning in late 2019, a coronavirus, identified as SARS-CoV-2, caused a pandemic of respiratory
        illness, called COVID-19, to spread worldwide. COVID-19 can be severe, and has caused millions of
        deaths around the world, including over 1.1 million deaths in the United States (US). It can be spread
        from person to person and has caused lasting health problems in some.

        COVID-19 Vaccines


1 National Library  of Medicine, Medline Plus, “What are mRNA vaccines and how do they work?”
https://medlineplus.gov/genetics/understanding/therapy/mrnavaccines/#:~:text=mRNA%20vaccines%20work%20by%20in
troducing,the%20virus%20by%20t he%20vaccine
2 Pfizer, Harnessing the Potential of mRNA, available at https://www.pfizer.com/science/innovation/mrna-technology, (last

visited April 22, 2023).
3 Id. at note 1.
4 Id. at note 2
5 Pardi, N., Hogan, M., Porter, F. et al. mRNA Vaccines — a New Era in Vaccinology, Nat Rev Drug Discov 17, 261–279,

April 2018, available at https://www.nature.com/articles/nrd.2017.243#citeas (last visited April 22, 2023),
6 Penn Medicine, The Future of mRNA Vaccines, available at https://www.pennmedicine.org/mrna, (last vi sited April 22,

2023).
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DATE: 4/23/2023
        In 2020, the federal Food and Drug Administration (FDA) issued an Emergency Use Authorization
        (EUA)7 for COVID-19 vaccines by Pfizer/BioNTech and Moderna;8 the EUA for the J&J/Janssen
        vaccine was issued in 2021.9 The FDA issued full approval for the Pfizer vaccine in August 2021,10 and
        for the Moderna vaccine in January 2022.11

        In the U.S., approximately 69 percent of the population have completed a primary series; approximately
        70 percent of Floridians have completed a primary series. 12 It is estimated that 16.5 percent13 of
        Florida’s population and 16.5 percent of the U.S. population14 have had an updated (bivalent) booster
        dose.

         COVID-19 Treatments

         The U.S. Food and Drug Administration (FDA) approves medications for use following a review of
         clinical data on safety and effectiveness. In instances of public health emergency, the FDA also issues
         EUAs for the use of medical countermeasures; both new drugs not fully approved by the FDA, or
         existing drugs not approved by the FDA for this specific purpose. 15

         Since 2020, the FDA issued both approvals and EUAs for medications to treat COVID-19, listed in the
         table below.16

                 Drug         FDA Action                                                Use
                                               Actemra (Tocilizumab) is approved for the treatment of COVID-19 in hospitalized
           Actemra                             adults who are receiving systemic corticosteroids and require supplemental oxygen,
                                Approved
           (Tocilizumab)                       non-invasive or invasive mechanical ventilation, or extracorporeal membrane
                                               oxygenation (ECMO).
                                               Veklury (Remdesivir) is approved for the treatment of COVID-19 in adults and pediatric
                                               patients (28 days of age and older and weighing at least 3 kilograms) with positive
           Veklury
                                Approved       results of direct SARS-CoV-2 viral testing, who are: hospitalized, or not hospitalized
           (Remdesivir)
                                               and have mild-to-moderate COVID-19 and are at high risk for progression to severe
                                               COVID-19, including hospitalization or death.
                                               Olumiant (baricitinib) is approved for the treatment of COVID-19 in hospitalized adults
           Olumiant
                                Approved       requiring supplemental oxygen, non-invasive or invasive mechanical ventilation, or
           (baricitinib)
                                               extracorporeal membrane oxygenation (ECMO).
           Paxlovid
                             Emergency Use
           (nirmatrelvir &                  An ti vi ra l uses
                              Authorization
           ritonavir)



7 U.S. Food and Drug Administration, Emergency Use Authorization, https://www.fda.gov/emergency-preparedness-and-

response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization (last visited Nov. 8, 2021). Medical
countermeasures are FDA-regulated products (biologics, drugs, and devices) that may be used in the event of a public h ealth
emergency. A determination that a public health emergency exists is insufficient to enable the FDA to issue EUAs ; See 21 U.S.C. §
360bbb-3; EUA allows the FDA to facilitate the availability and use of medical countermeasures during public health emer gencies.
8 U.S. Centers for Disease Control and Prevention, How CDC Is Making COVID-19 Vaccine Recommendations | CDC (last visited Nov.

11, 2021)
9 U.S. Food and Drug Administration, Janssen COVID-19 Vaccine | FDA (last visited April 5, 2023).
10
   U.S. Food and Drug Administration, FDA Approves First COVID-19 Vaccine | FDA (last visited April 5, 2023).
11 Moderna COVID-19 Vaccines, https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-

19/moderna-covid-19-vaccines, (last visited April 5, 2023).
12 U.S. Centers for Disease Control and Prevention, COVID Data Tracker, Daily Update for the United States,

https://covid.cdc.gov/covid-data-tracker/#datatracker-home, (last visited April 5, 2023); See also COVID-19 Integrated County View,
Vaccinations in Florida, https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=Florida&data-type=CommunityLevels ,
(last visited April 5, 2023).
13 Id.
14 U.S. Centers for Disease Control and Prevention, COVID Data Tracker, COVID-19 Vaccinations in the United States,

https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-booster-percent-total
15 U.S. Food and Drug Administration, Emergency Use Authorization, https://www.fda.gov/emergency-preparedness-and-

response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization (last visited April 5, 2023). Medical
countermeasures are FDA-regulated products (biologics, drugs, and devices) that may be used in the event of a public health
emergency. A determination that a public health emergency exists is insufficient to enable the FDA to issue EUAs ; See 21 U.S.C. §
360bbb-3; EUA allows the FDA to facilitate the availability and use of medical countermeasures during public health emergencies.
16 U.S. Food and Drug Administration, Coronavirus (COVID-19) Drugs, available at https://www.fda.gov/drugs/emergency-

preparedness-drugs/coronavirus-covid-19-
drugs#:~:text=Veklury%20(Remdesivir)%20is%20approved%20for,are%20at%20high%20risk%20for (last viewed April 1, 2023).
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DATE: 4/23/2023
         Lagevrio           Emergency Use
                                           An ti vi ra l uses
         (molnupiravir)      Authorization
         Ki n e ret                        Kineret (anakinra) is authorized for the treatment of COVID-19 in hospitalized adults
         (a n a kinra)      Emergency Use with pneumonia requiring supplemental oxygen (low- or high-flow oxygen) who are at
         (Im mu ne           Authorization risk of progressing to severe respiratory failure and likely to have an elevated plasma
         Mo d u l a to r)                  soluble urokinase plasminogen activator receptor (suPAR).
         Olumiant
                                           Olumiant (baricitinib) is authorized for the treatment of COVID-19 in pediatric patients 2
         (baricitinib)      Emergency Use
                                           to less than 18 years of age requiring supplemental oxygen, invasive mechanical
         (Im mu ne           Authorization
                                           ventilation, or extracorporeal membrane oxygen (ECMO).
         Mo d u l a to r)
         Actemra                          Actemra (tocilizumab) is authorized for the treatment of COVID-19 in hospitalized
         (tocilizumab)    Emergency Use pediatric patients 2 to less than 18 years of age who are receiving systemic
         (Im mu ne         Authorization corticosteroids and require supplemental oxygen, non-invasive or invasive mechanical
         m o d ula to r)                  ventilation, or extracorporeal membrane oxygenation (ECMO).
                                          ARS-COV-2-targeting monoclonal antibodies (mAbs) are laboratory-produced
                                          antibodies that can help the immune system's attack on SARS-COV-2. These mAbs
         REGEN-COV
                                          block entry into human cells, thus neutralizing the virus like other infectious organisms,
         (casirivimab &
                                          SARS-CoV-2 can mutate over time, resulting in genetic variation in the population of
         imdevimab)
                          Emergency   Use circulating viral strains. Some variants can cause resistance to one or more of the mAb
         SAR S-C OV-2 -
                           Authorization therapies authorized to treat COVID-19. Due to the high frequency of variants
         ta rg e ting
                                          circulating within the United States that are not susceptible to the following mAbs, this
         Mo n o cl ona l
                                          product is not currently authorized in any U.S. region until further notice by FDA and
         An ti b o di es
                                          may not be administered for the pre-exposure prophylaxis for prevention or the
                                          treatment of COVID-19 under the EUA.
                                          ARS-COV-2-targeting monoclonal antibodies (mAbs) are laboratory-produced
                                          antibodies that can help the immune system's attack on SARS-COV-2. These mAbs
                                          block entry into human cells, thus neutralizing the virus like other infectious organisms,
         Sotrovimab
                                          SARS-CoV-2 can mutate over time, resulting in genetic variation in the population of
         SAR S-C OV-2 -
                          Emergency Use circulating viral strains. Some variants can cause resistance to one or more of the mAb
         ta rg e ting
                           Authorization therapies authorized to treat COVID-19. Due to the high frequency of variants
         Mo n o cl ona l
                                          circulating within the United States that are not susceptible to the following mAbs, this
         An ti b o di es
                                          product is not currently authorized in any U.S. region until further notice by FDA and
                                          may not be administered for the pre-exposure prophylaxis for prevention or the
                                          treatment of COVID-19 under the EUA.
                                          ARS-COV-2-targeting monoclonal antibodies (mAbs) are laboratory-produced
                                          antibodies that can help the immune system's attack on SARS-COV-2. These mAbs
         Bamlanivimab &
                                          block entry into human cells, thus neutralizing the virus like other infectious organisms,
         Etesevimab
                                          SARS-CoV-2 can mutate over time, resulting in genetic variation in the population of
         SAR S-C OV-2 -
                          Emergency Use circulating viral strains. Some variants can cause resistance to one or more of the mAb
         ta rg e ting
                           Authorization therapies authorized to treat COVID-19. Due to the high frequency of variants
         Mo n o cl ona l                  circulating within the United States that are not susceptible to the following mAbs, this
         An ti b o di es
                                          product is not currently authorized in any U.S. region until further notice by FDA and
                                          may not be administered for the pre-exposure prophylaxis for prevention or the
                                          treatment of COVID-19 under the EUA.
                                          ARS-COV-2-targeting monoclonal antibodies (mAbs) are laboratory-produced
                                          antibodies that can help the immune system's attack on SARS-COV-2. These mAbs
                                          block entry into human cells, thus neutralizing the virus like other infectious organisms,
         Bebtelovimab
                                          SARS-CoV-2 can mutate over time, resulting in genetic variation in the population of
         SAR S-C OV-2 - Emergency Use circulating viral strains. Some variants can cause resistance to one or more of the mAb
         ta rg e ting
                           Authorization therapies authorized to treat COVID-19. Due to the high frequency of variants
         Mo n o cl ona l
                                          circulating within the United States that are not susceptible to the following mAbs, this
         An ti b o di es
                                          product is not currently authorized in any U.S. region until further notice by FDA and
                                          may not be administered for the pre-exposure prophylaxis for prevention or the
                                          treatment of COVID-19 under the EUA.
                                          ARS-COV-2-targeting monoclonal antibodies (mAbs) are laboratory-produced
         Evusheld                         antibodies that can help the immune system's attack on SARS-COV-2. These mAbs
         (tixagevimab co-                 block entry into human cells, thus neutralizing the virus like other infectious organisms,
         packaged with                    SARS-CoV-2 can mutate over time, resulting in genetic variation in the population of
         cilgavimab)      Emergency Use circulating viral strains. Some variants can cause resistance to one or more of the mAb
         SAR S-C OV-2 -    Authorization therapies authorized to treat COVID-19. Due to the high frequency of variants
         ta rg e ting                     circulating within the United States that are not susceptible to the following mAbs, this
         Mo n o cl ona l                  product is not currently authorized in any U.S. region until further notice by FDA and
         An ti b o di es                  may not be administered for the pre-exposure prophylaxis for prevention or the
                                          treatment of COVID-19 under the EUA.
         Propofol-Lipuro Emergency Use Maintains sedation, generally via continuous intravenous infusion, in patients who are
         1%
                           Authorization intubated and require mechanical ventilation in an intensive care unit (ICU) setting.
         (Sedative)



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            Regiocit                         Continuous renal replacement therapy (CRRT) is a type of “dialysis,” which is a
            (R e n al         Emergency Use machine treatment that filters and purifies the blood when a patient’s kidneys are
            re p l acement     Authorization damaged or are not functioning normally. CRRT is used for patients with kidney injury
            th e ra py)                      in acute care settings.
           Fr es enius Medical
           multiFiltr ate/multi               Continuous renal replacement therapy (CRRT) is a type of “dialysis,” which is a
           Bic /multiPlus       Emergency Use machine treatment that filters and purifies the blood when a patient’s kidneys are
           (R e n al            Authorization    damaged or are not functioning normally. CRRT is used for patients with kidney injury
           re p l acement                        in acute care settings.
           th e ra py)

         Some practitioners and patients advocate for the use of other drug and non-drug remedies to treat
         COVID-19, with or without the use of the above FDA-approved or -authorized drugs, including, for
         example:

                 Hydroxychloroquine17
                 Ivermectin18
                 Methanol
                 Herbal medicines
                 Vitamins
                 Minerals
                 Probiotics
                 Nasal saline irrigation and gargling
                 Ultraviolet light
                 Green tea
                 Elderberry syrup
                 Ginger

         Federal COVID-19 Vaccination and Prevention Requirements

         In addition to approving vaccines and treatments, the federal government adopted policies to require
         vaccination and other preventive measures for businesses and health care facilities.

         OSHA COVID-19 Emergency Temporary Standards

         On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued
         “COVID-19 Vaccination and Testing; Emergency Temporary Standards” (OSHA ETS), along with a
         number of Fact Sheets, FAQs, and templates for a mandatory vaccination policy, and a vaccination,
         testing, and face covering policy. The OSHA ETS was published in the Federal Register on November
         5, 2021. 19

         In summary, the OSHA ETS required all employers with 100 or more employees to ensure their
         workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative
         test result at least weekly and wear a mask. These employers are also required to provide paid time off
         to workers who decide to be vaccinated so they can recover in the event of experiencing any short-term
         side effects from the vaccination. The OSHA ETS provides penalties of up to $14,000 per violation.
         According to the Administration, the requirement was expected to impact over 80 million workers in
         private sector businesses with 100 or more employees. 20


17 See, U.S. Food and Drug Administration, “FDA cautions against use of hydroxychloroquine or chloroquine for COVID -19 outside of

the hospital setting or a clinical trial due to risk of heart rhythm problems”, Jan. 12, 2022, available at https://www.fda.gov/drugs/fda-
drug-safety-podcasts/fda-cautions-against-use-hydroxychloroquine-or-chloroquine-covid-19-outside-hospital-setting-or (last viewed
April 1, 2023).
18 See, U.S. Food and Drug Administration, “FAQ: COVID-19 and Ivermectin Intended for Animals”, current as of March 10, 2023,

available at https://www.fda.gov/animal-veterinary/product-safety-information/faq-covid-19-and-ivermectin-intended-
animals#:~:text=A%3A%20No.,acquired%20from%20a%20legitimate%20source (last viewed April 1, 2023).
19 COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, https://www.federalregister.gov/d/2021-

23643
20 The White House, Path Out of the Pandemic: President Biden’s COVID-19 Action Plan, (Sep. 2021), https://www.vsba.org/wp-

content/uploads/2021/09/Path-out-of-the-Pandemic-POTUS-COVID-19-Action-Plan.pdf (last visited April 5, 2023).
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         Challenges to the new OSHA ETS and applications for a stay on its enforcement were brought in
         almost every federal circuit in the US. On November 6, 2021, a panel of the US Court of Appeal for the
         Fifth Circuit granted a nationwide stay of the OSHA ETS pending further action of that court, because
         the “petitions give cause to believe there are grave statutory and constitutional issues with the
         mandate.” On November 12th, the Fifth Circuit reaffirmed the initial stay finding that the OSHA ETS was
         “overbroad” and “flawed,” and determined that it exceeded OSHA’s statutory authority. 21

         All the cases were consolidated and transferred to the Sixth Circuit Court of Appeal,22 which has the
         authority to modify, rescind, or leave in place the stay issued by the Fifth Circuit. 23 As of April, 2023,
         OSHA has withdrawn the vaccination and testing ETS as an enforceable emergency temporary
         standard and suspended enforcement and implementation activities regarding the ETS pending further
         development in the litigation.24

         CMS Vaccination Rule

         On November 5, 2021, CMS issued a new regulation (CMS Rule) 25 governing Medicare certification
         and Medicaid provider enrollment. As a condition of receiving Medicare and Medicaid funds, health
         care providers must establish and implement policies that will ensure that all workers are fully
         vaccinated26 against COVID-19.27 In 2022, CMS revised its guidance and survey procedures for all
         provider types related to assessing and maintaining compliance with the staff vaccination
         regulatory requirements. The revisions address frequency of review of the staff vaccination
         requirements to ensure that deficiency citations recognize good faith efforts by providers/suppliers. 28
         CMS estimated the rule would apply to 13,050,000 health care staff in the first year, nationwide. 29

         State survey agencies conduct provider surveys to ensure compliance with CMS regulations; in Florida,
         federal enforcement surveys are conducted by the Agency for Health Care Administration.

         On November 10, 2021, ten states 30 filed a lawsuit in federal court challenging the CMS rule. The
         states argue the rule violates the federal Administrative Procedure Act, is not authorized by Congress,
         and violates Medicare laws requiring consultation with state officials prior to issuing certain types of
         rules. The states also make constitutional claims related to spending powers, the anti-commandeering
         doctrine and the Tenth Amendment, and requested declaratory and injunctive relief. 31 The court
         granted the plaintiffs’ request for expedited briefing, but a hearing date on the preliminary injunction has
         not yet been set.




21 National Law Review, Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard,

https://www.natlawreview.com/article/fifth-circuit-hits-pause-osha-covid-19-vaccine-or-testing-emergency-standard
22 The 6 th Circuit hears cases from federal district courts in Kentucky, Michigan, Ohio, and Tennessee.
23 Consolidation Order, In Re: Occupational Safety and Health Agency, Interim Final Rule: COVID-19 Vaccination and Testing;

Emergency Temporary Standard, 86 Fed. Reg. 61402, Issued On November 4, 2021 , MCP No. 165, J.P.M.L. (November 16, 2021).
24
   U.S. Dept. of Labor, OSHA, COVID-19 Vaccination and Testing ETS, January 25, 2022, https://www.osha.gov/coronavirus/ets2, (last
visited April 5, 2023); See Also, JDSupra, Navigating the Uncertainties of the ETS: What Employers Should Do Now,
https://www.jdsupra.com/legalnews/navigating-the-uncertainties-of-the-ets-4266782/ (last visited April 5, 2023).
25 The regulation was issued as an Interim Final Rule. Under Medicare law, Interim Final Rules expire three years after issuance,

unless finalized. The Interim Final Rule was effective on the day of publication in the Federal Register (Nov. 5, 2021). See, Social
Security Act § 1871(a)(3) (42 U.S.C. § 1395hh(a)(3)).
26 “Fully vaccinated” means a person 14 days after receipt of either a single-dose vaccine or the second of a two-dose vaccinations

sequence. Receiving a booster is not required to be considered “fully vaccinated.” 61563, citing Centers for Disease Control and
Prevention, Frequently Asked Questions ab out COVID-19 Vaccination, , Mar. 29, 2023, https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/faq.html, (lastvisited April 5, 2023).
27 Medicare and Medicaid Programs; Om nibus COVID-19 Health Care Staff Vaccination, 86 Fed. Reg. 61555 to 61627 (Nov. 5, 2021)

(to be codified at 42 C.F.R. pts. 416, 418, 441, 460, 482-486, 491, and 494), available at 2021-23831.pdf (govinfo.gov) (last visited April
5, 2023).
28 Centers for Medicare & Medicaid Services, Memorandum, Revised Guidance for Staff Vaccination Requirements,

https://www.cms.gov/files/document/qs0-23-02-all.pdf, Oct. 26, 2022, (last visited April 5, 2023).
29 Health Care Staff Vaccination, 86 Fed. Reg. 61603, Table 6.
30 Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, New Hampshire.
31 Missouri, et al, v. Joseph Biden, Jr., et al, No. 21-01329, (E.D. Missouri filed on Nov. 10, 2021).

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          On November 18, 2021, the State of Florida filed a lawsuit in the Northern District of Florida challenging
          the CMS Rule.32 The state argues the CMS action:
               Exceeds its authority under federal law;
               Was issued without consulting the states as required under law; 33
               Was issued without the notice and comment period required by law;
               Is arbitrary and capricious; and
               Is a condition of receiving federal funds which violates the Spending Clause of the U.S.
                 Constitution.34

          Florida requested the court issue a temporary restraining order and preliminary and permanent
          injunctive relief prohibiting defendants from enforcing the mandate which was denied for failure to make
          a showing of irreparable harm to justify such an order.35

          On January 13, 2022, the U.S. Supreme Court upheld the validity of the CMS rule. 36 Thereafter, Florida
          moved to dismiss its appeal, and the case was terminated.37

          In response to these federal actions, the Florida Legislature, in Special Session 2021-B, adopted
          legislation to regulate businesses, government entities and educational institutions related to
          requirements for vaccination, proof of vaccination or infection recovery, and the use of face masks.
          (See below.)

          COVID-19 Vaccination Mandates in Florida

          Private Businesses

          Section 381.00317, F.S., generally prohibits businesses from requiring any employee or contracted
          worker to be vaccinated for COVID-19. This prohibition applies to any form of corporation, partnership,
          association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in
          this state, and any charitable organization.

          Businesses can require employee vaccination, if they allow the employees to opt out of vaccination for
          these or any other reasons:
               for medical or religious reasons;
               based on immunity to COVID-19 (as determined by testing methods set by DOH rule);
               if the employee agrees to periodic testing; or
               if the employee uses employer-provided personal protective equipment (PPE).

          The statute lays out specific criteria for claiming each of the above exemptions, and requires employer
          to use DOH forms for employees to submit statements of exemption.

          This prohibition is enforced by the Department of Legal Affairs (DLA) within the Office of the Attorney
          General. Employees may file complaints with DLA, which investigates them. DLA must offer the
          employer the opportunity to comply with the law. However, DLA is required to fine an employer who
          violates this prohibition and terminates an employee due to a vaccination mandate: up to $10,000 per
          violation for employers with under 100 employees; and up to $50,000 per violation for employers with
          100 or more employees. The statute authorizes the Attorney General to consider various factors and
          mitigating circumstances when determining the amount of the fine.



32 Florida v. Dep’t. of Health and Human Srvcs., et al., No. 21-2722 (N.D. Fla. filed on November 17, 2021).
33 42 U.S.C. s. 1395z
34 U.S. Const. art. I, s. 8
35 Florida v. Dep’t. of Health and Human Srvcs., et al., No. 21-2722 (N.D. Fla.) (See Order denying Motion for Preliminary Injunction,

November 20, 2021).
36 Biden. v. Missouri, 142 S.Ct. 647 (2022).
37 Florida v. Dep’t. of Health and Human Srvcs., et al. No. 21- 2722 (N.D. Fla.) (See Notice of Voluntary Dismissal by State of Florida,

February 4, 2022).
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DATE: 4/23/2023
         An employer can avoid fines by reinstating employee back pay, if accomplished prior to the issuance of
         a final order.

         In addition, an employee terminated for failure to comply with an employer vaccination mandate is
         eligible for reemployment assistance under ch. 443, F.S., and that refusal to comply does not disqualify
         the employee based on misconduct.38

         Section 381.00318, F.S., provides a public records exemption for information related to vaccination
         mandate investigation of a private business. All such information is both confidential and exempt from
         disclosure during an active investigation, and remains so when the investigation is no longer active if
         the disclosure, as determined by the Attorney General, would jeopardize another, active, investigation,
         or result in certain harms to the complaining employee.

         Since enactment, DLA has received 927 complaints, the majority of which were closed due to lack of a
         statutory violation. DLA found probable cause for nine complaints, and filed a single administrative
         complaint against an employer.39

         Government Entities and Educational Institutions

         Section 112.0441 prohibits governmental entities and educational institutions from requiring any
         employee or contracted worker to be vaccinated for COVID-19. This prohibition applies to the state and
         any political subdivision of the state, including local governments, boards and commissions; and to
         schools governed by school districts, charter schools, state universities, state college system
         institutions, developmental research schools, the Florida Virtual School and the Florida School for the
         Deaf and Blind.

         The Department of Health (DOH) enforces this prohibition: current law authorizes DOH to impose a fine
         up to $5,000 per violation. In addition, an employee terminated for failure to comply with an employer
         vaccination mandate is eligible for reemployment assistance under ch. 443, F.S.

         Similarly, s. 381.00319, F.S., prohibits educational institutions from requiring students to be vaccinated.
         Unlike the other vaccination mandate prohibitions, this prohibition is not enforced by any state agency.
         Instead, the law establishes a cause of action for adult students, or parents of minor students, to obtain
         injunctive relief against the educational institution. If the parent or student prevails, the law requires the
         court to award attorney fees and court costs to the plaintiff.

         Sections 381.00317, 112.0441 and 381.00319, F.S., expire on June 1, 2023, unless saved by the
         Legislature, thereby ending these prohibitions on COVID-19 vaccination mandates by private
         businesses, governmental entities and educational institutions.

         Documentation of Vaccination or Post-Infection Recovery

         Private Businesses, Government Entities and Educational Institutions




38 The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers unemployed through no

fault of their own, as determined by state law. The program is administered as a partnership between the federal government a nd the
states. Florida’s program, administered by the Department of Economic Opportunity (DEO) under ch. 443, F.S., requires claimants to
meet certain eligibility criteria. Applications may be disqualified if the employee:
    Voluntarily left work without good cause attributable to his or her employer;
    Has been discharged by his or her employer for misconduct;
    Is unemployed due to a suspension for misconduct connected to his or her work;
    Is unemployed due to a leave of absence initiated by the individual; or
    Is discharged for misconduct connected with the individual’s work, consisting of drug use , confirmed by a positive drug test
    Failed without good cause to apply for available suitable work, accept suitable work when offered to him or her, or return to his or
     her customary self-employment when directed by DEO.
39 Department of Legal Affairs, email to committee staff from Libby Guzzo, Legislative Affairs Director, Feb. 7, 2023 (on file with

committee staff).
STORAGE NAME: pcs1013.COM                                                                                                          PAGE: 8
DATE: 4/23/2023
         Section 381.00316, F.S., prohibits private businesses, government entities and educational institutions
         from requiring people to provide documentation certifying COVID-19 vaccination or post-infection
         recovery to access the business, governmental operations or school attendance or enrollment, or to
         access the institution and its services.

         Current law does not prohibit the use of screening protocols, and expressly states that it should not be
         construed to restrict businesses, governments and educational institutions from using protocols, if used
         in a manner consistent with “authoritative or controlling” government guidance.

         DOH enforces this prohibition: current law authorizes DOH to impose a fine up to $5,000 per violation.

         DOH received a combined total of 4,396 notifications of potential violations since enactment of the
         prohibitions on vaccination mandates and requirements for documentation of vaccination or post-
         infection recovery, as follows:

                 Business Entities – 3,216
                 Governmental Entities – 174
                 Educational Institutions – 231
                 Other (not specific) – 775

         DOH issued 14 warning letters and 5 Notices of Violation, resulting in collection of two fines.40

         Masks and Quarantine or Isolation

         Schools

         Section 1002.20(2)(n), F.S., prohibits K-12 public schools from requiring students to wear face masks
         or other facial coverings at school, other than when necessary for occupational or laboratory safety.
         Students are allowed to wear face masks if their parents allow it.

         Current law also prohibits K-12 public schools from requiring students and employees to stay home from
         school if exposed to COVID-19, if they are asymptomatic and have not tested positive for COVID-19.

         As with the student vaccination law, this prohibition is enforced by civil litigation, rather than by a state
         agency. Parents and adult students may bring an action for declaratory and injunctive relief against the
         school district for violations; and, if they prevail, will be awarded attorney fees and costs.

         Section 1002.20(2)(n), F.S., expires on June 1, 2023, unless saved by the Legislature, thereby ending
         this prohibition on mask requirements and COVID-19 quarantine requirements by private businesses,
         public K-12 schools.

         Private Businesses and Government Entities

         Current law does not address mask or quarantine requirements by other (non-educational) government
         entities, or by private businesses.

         Effect of the Bill

         The bill significantly expands regulation of COVID-19-related policies, and other vaccine-related
         policies, for private businesses, governmental entities and educational institutions.

         Facial Coverings, Vaccination Status, and COVID-19 Tests and Post-Infection Recovery Status

         Businesses and Governments


40 Department of Health, email from Gangul Gabadage, April 5, 2023, on file with committee staff.

STORAGE NAME: pcs1013.COM                                                                                       PAGE: 9
DATE: 4/23/2023
        The bill amends s. 381.0016, F.S., to add prohibitions for private businesses and government entities
        on requiring any person to take a COVID-19 test to gain entry to, or services from, the business or
        government entity, or as a condition of contracting with, employing, or promoting, anyone. The bill
        expands these COVID-19-related prohibitions to include business-imposed, and government-imposed,
        mandates related to any EUA or mRNA vaccine; not just those related to COVID-19. Under the bill, the
        provisions related to mRNA vaccines will sunset July 1, 2025, unless reenacted by the Legislature.

        In addition, the bill prohibits businesses and governments from discriminating against employees or
        applicants for employment, or otherwise discriminate against any person, based COVID-19 vaccination,
        post-infection recovery status, failure to take a COVID-19 test, or vaccination status related to any EUA
        or mRNA vaccine.

                 Facial Coverings

        Similarly, the bill adds prohibitions for private businesses and government entities on requirements to
        wear a facial covering, including a cloth or surgical face mask, a face shield, or any other device that
        covers the mouth and nose. This prohibition does not apply to health care providers and practitioners, if
        they are in compliance with facial covering prohibitions and regulations elsewhere in the bill (see
        below).

                 Other Vaccines

        The bill also addresses business and government policies related to vaccines other than COVID-19,
        EUA and mRNA vaccines: it requires businesses and governments to provide for exemptions and
        accommodations for religious and medical reasons, in accordance with federal law. 41

                 Enforcement

        The bill requires DLA to enforce these new prohibitions, and enforce the current prohibition on requiring
        documentation of COVID-19 vaccination or post-infection recovery (which is currently enforced by
        DOH). The DLA may impose an administrative fine up to $5,000 for each violation, which revenues
        must be deposited into the General Revenue Fund, consistent with the enforcement provisions in
        current law. The bill authorizes DLA to take certain administrative actions when investigating a
        complaint of a violation of these provisions, such as administering oaths, taking depositions, conducting
        inspections, issuing subpoenas, etc.

        Consistent with current law, the bill authorizes reemployment assistance under ch. 443, F.S., for an
        employee terminated for failure to comply with prohibited mandates.

        Educational Institutions

        The bill amends s. 381.0016, F.S., to add prohibitions for educational institutions on requiring any
        person to take a COVID-19 test to gain access to, or services from, the educational institution. The bill
        expands these COVID-19-related prohibitions to include vaccination mandates imposed by educational
        institutions related to any EUA or mRNA vaccine; not just those related to COVID-19. Under the bill, the
        provisions related to mRNA vaccines will sunset July 1, 2025, unless reenacted by the Legislature.

        The bill prohibits educational institutions from discriminating against any person based on COVID-19
        vaccination, post-infection recovery status, failure to take a COVID-19 test or wear a facial covering, or
        vaccination status related to any EUA or mRNA vaccine.


41 See, e.g., the federal Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VII of the Civil

Rights Act of 1964, the Pregnancy Discrimination Act and the Genetic Information Nondiscrimination Act of 2008. This
group of federal laws contain various protections from discrimination on the basis of disability, medical condition, sex,
race, age, pregnancy, and religion. Employers are required to provide reasonable accommodation when requested, and
are authorized to make sufficient inquiry about the nature and justification of the request to make a determination, within
parameters that protect the worker from discrimination.
STORAGE NAME: pcs1013.COM                                                                                               PAGE: 10
DATE: 4/23/2023
                Facial Coverings

         Similarly, the bill adds a prohibition on requirements to wear a facial covering, including a cloth or
         surgical face mask, a face shield, or any other device that covers the mouth and nose. This prohibition
         does not apply to facial covering requirements necessary for classes with occupational or laboratory
         safety requirements.


                Other Vaccines

         The bill also addresses educational institution policies related to vaccines other than COVID-19, EUA
         and mRNA vaccines: it requires such institutions to provide for exemptions and accommodations for
         religious and medical reasons, in accordance with federal law. 42

                Enforcement

         The bill requires DOH to enforce these new prohibitions, and enforce the current prohibition on
         requiring documentation of COVID-19 vaccination or post-infection recovery, consistent with the
         enforcement provision in current law. The DOH may impose an administrative fine up to $5,000 for
         each violation, which revenues must be deposited into the General Revenue Fund, consistent with the
         enforcement provisions in current law. The bill authorizes DOH to take certain administrative actions
         when investigating a complaint of a violation of these provisions, such as administering oaths, taking
         depositions, conducting inspections, issuing subpoenas, etc.

         The bill repeals the current enforcement provision for violations of the COVID-19 vaccination or post-
         infection recovery documentation prohibition. Under the bill, parents (and adult children) will no longer
         be expressly authorized to bring an action against the educational institution for declaratory and
         injunctive relief.

         The bill does not save s. 381.00317, F.S., or s. 112.0441, F.S., from repeal on June 1, 2023, so the
         current law prohibitions against private businesses and government entities requiring employee
         vaccination will terminate on that date.

         Facial Coverings and Health Care Facilities

         The bill creates s. 408.833, F.S., to address facial covering requirements in health care facilities.

         First, it requires the Agency for Health Care Administration (AHCA) and DOH to jointly develop
         standards for facial coverings for infection control in health care settings, and adopt them in the form of
         emergency rules by July 1, 2023, and publish the standards on their websites. The bill exempts the
         agencies from current law making emergency rules effective for only 90 days, and provides that the
         emergency rules will remain in effect until the agencies adopt rules under the non-emergency
         procedures of ch. 120.

         Second, the bill prohibits health care providers and practitioners from requiring facial coverings
         inconsistent with the AHCA/DOH standards. This applies to all health care practitioners and health care
         settings regulated by DOH and its boards, to facilities licensed by AHCA, certain AHCA-regulated
         health care clinics exempt from regulation, and certain providers regulated by the Agency for Persons
         with Disabilities.

         Instead, the bill requires health care providers and practitioners to adopt facial covering policies and
         procedures based on the AHCA/DOH standards by August 1, 2023, publish them online, and post them
         in their offices or facilities.




42 See, Id.
STORAGE NAME: pcs1013.COM                                                                                    PAGE: 11
DATE: 4/23/2023
       The bill makes violations of this provision grounds for licensure discipline under the applicable practice
       acts or facility licensure acts.

       COVID-19 Treatment Alternatives

       The bill creates s. 456.62, F.S., to regulate interactions between practitioners and patients diagnosed
       with COVID-19 related to treatment medication decisions.

       Heath care practitioners must obtain informed consent from the patient (or the patient’s legal
       representative) before prescribing medication to treat COVID-19. The practitioner must explain the
       “alternative medications” to treat COVID-19, including the benefits and risks, sufficiently to allow the
       patient to make a “prudent” decision, taking into account the patient’s physical state and ability to
       understand the information.

       The bill does not define “alternative medications”; instead, it requires the practitioner to consider
       medications currently authorized or approved by the federal Food and Drug Administration (see table
       above, pp. 3-4). The practitioner must use best clinical judgment to identify, among those alternatives,
       which would benefit the patient.

       The bill creates s. 395.1057, F.S., to establish a patient right to choose COVID-19 treatment
       alternatives in a hospital, and prohibits hospitals from interfering with that right, if the treatment is
       recommended by a health care practitioner with privileges at that hospital. Interference with the
       patient’s right is grounds for discipline under the hospital licensure act.

       Current law related to pharmacy practice obligates pharmacies to exercise independent professional
       judgment when dispensing a prescription. The bill grants license disciplinary immunity to a pharmacist
       when properly dispensing a COVID-19 treatment alternative.

       Policies of International Health Organizations

       The bill prohibits businesses, governments and educational institutions from adopting, implementing,
       and enforcing public health policies issued by international organizations as guides for their internal
       policies. Businesses, governments and educational institutions may use such policies only if authorized
       by the legislature in law, by an executive branch rule, or by a gubernatorial executive order issued
       under a declared emergency under s. 252.36, F.S.

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

   B. SECTION DIRECTORY:
       Section 1:     Amending s. 381.00316, F.S., relating to discrimination based on health care choices;
                      prohibition.
       Section 2:     Amending s. 381.00319, F.S., relating to prohibition on mask mandates and vaccination
                      and testing mandates.
       Section 3:     Creating s. 381.00321, F.S., relating to international health organization policies.
       Section 4:     Creating s. 395.1057, F.S., relating to patients’ rights to choose COVID-19 treatment
                      alternatives.
       Section 5:     Creating s. 408.824, F.S. relating to facial covering requirements for health care
                      practitioners and health care providers.
       Section 6:     Creating s. 456.62, relating to communication of COVID-19 treatment alternatives.
       Section 7:     Amending s. 465.0266, F.S., relating to common database.
       Section 8:     Amending s. 1002.20, F.S., relating to K-12 student and parent rights.
       Section 9:     Creating an unnumbered section of law establishing a statutory sunset.
       Section 10:    Providing an effective date.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:
STORAGE NAME: pcs1013.COM                                                                                      PAGE: 12
DATE: 4/23/2023
         1. Revenues:
              DOH and DLA may experience increased revenue from fines, which the bill requires to be
              deposited into the General Revenue Fund.

         2. Expenditures:
              The Department of Legal Affairs (DLA) expended $519,758.77 in personnel costs to date enforcing
              the current law prohibition against vaccine mandates by private employers. DLA received 927
              complaints, the majority of which were closed due to lack of a statutory violation. DLA found
              probable cause for nine complaints, and filed a single administrative complaint against an
              employer.43 DLA estimates the need for an additional 6.2 FTE to implement the bill’s provisions,
              totaling $275,080.99 in recurring general revenue, as indicated in the table below. 44



                 Class    Position Working Title       #      Base Pay       Fringe           Total             % time     Estimated
                 Code                                  FTE                   Benefits                           spent      Cost

                 7747     Senior Assistant              1.2    $94,786.69     $33,175.34       $127,962.03       100%      $153,554.44
                          Attorney General

                          OPS Paralegal Specialist       2     $41,600.00     $12,480.00       $54,080.00        100%      $108,160.00

                 2117     Systems Programming            1     $88,181.17     $30,863.41       $119,044.58        9%       $10,860.60
                          Administrator-SES

                 3128     Paralegal Specialist I         1     $38,000.04     $13,300.01       $51,300.05         1%         $569.47

                 3126     Legal Assistant III            1     $33,721.74     $11,802.61       $45,524.35         4%        $1,936.48



                                                                                                           Annual Cost     $275,080.99



              As of April 11, DLA has 83 vacancies, so can address this need using existing positions. The Fiscal
              Year 2023-2024 House and Senate budgets both provide $5 million in nonrecurring General
              Revenue to DLA for COVID-related litigation, including the work required of DLA by this bill. 45

              Due to the potential increase of notifications and based on the number of complaints received
              during the implementation of the COVID-19 Vaccine Documentation Program, DOH projects a need
              for two positions at a professional level. The Department can initiate budget amendment actions
              during Fiscal Year 2023-2024 to address this need using existing positions. 46

              The bill provisions related to AHCA enforcement of the patients’ right to choose COVID-19
              treatment alternatives in hospitals has no fiscal impact on AHCA.

              The bill provisions requiring AHCA and DOH to establish emergency rules has an insignificant
              negative impact on those agencies, which can be absorbed within current resources .

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:


43 Department of Legal Affairs, email to committee staff from Libby Guzzo, Legislative Affairs Dire ctor, Feb. 7, 2023 (on file with

committee staff).
44 Department of Legal Affairs, Agency Bill Analysis of HB 1013, March 7, 2023. Note that this fiscal impact estimate is based o n the bill

as originally filed, and may require adjustment to accurately esti mate the impact of the CS/HB content.
45 House Fiscal Year 2023-2024 GAA Section 82, reverting and appropriating the unexpended funds for Fiscal Year 2022 -2023 for

COVID-19 related litigation.
46 Department of Health, Agency Bill Analysis for HB 1013, April 5, 2023.

STORAGE NAME: pcs1013.COM                                                                                                          PAGE: 13
DATE: 4/23/2023
       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:
       The bill and current law provide DLA, DOH and AHCA sufficient rule-making authority to implement the
       bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1013.COM                                                                                PAGE: 14
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           PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




    1                                         A bill to be entitled
    2              An act relating to protection from discrimination
    3              based on health care choices; amending s. 381.00316,
    4              F.S.; providing legislative intent and findings;
    5              defining terms; prohibiting business entities and
    6              governmental entities from requiring certain
    7              documentation or COVID-19 testing to gain access to,
    8              entry upon, or service from such entities or as a
    9              condition of contracting, hiring, promotion, or
10                 continued employment; prohibiting business and
11                 governmental entities from refusing to hire persons,
12                 discharging persons, depriving or attempting to
13                 deprive persons of employment opportunities, adversely
14                 affecting persons with respect to employment, or
15                 otherwise discriminating against any person based on
16                 knowledge or belief of a person's vaccination or
17                 COVID-19 postinfection recovery status or failure to
18                 take a COVID-19 test; requiring such entities to
19                 provide exemptions and reasonable accommodations for
20                 religious and medical reasons; prohibiting such
21                 entities from requiring persons to wear face coverings
22                 in order to gain access to, entry upon, services from,
23                 or admission to such entities or from otherwise
24                 discriminating against persons based on their refusal
25                 to wear a facial covering; providing exceptions;

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26              requiring the Department of Health to adopt certain
27              emergency rules; providing administrative penalties;
28              authorizing the Department of Legal Affairs to take
29              specified actions for purposes of conducting
30              investigations or proceedings; requiring that
31              collected fines be deposited in the General Revenue
32              Fund; providing construction; providing that certain
33              terminated employees are eligible for reemployment
34              assistance; amending s. 381.00319, F.S.; revising and
35              defining terms; revising provisions related to the
36              prohibition on COVID-19-related mandates by
37              educational institutions; prohibiting educational
38              institutions from imposing certain vaccine mandates on
39              any person; prohibiting educational institutions from
40              requiring a person to provide certain documentation or
41              requiring a COVID-19 test to gain admission to, access
42              to, entry upon, or service from such institutions or
43              otherwise discriminating against any person based on
44              such person's vaccination or COVID-19 postinfection
45              recovery status or failure to take a COVID-19 test;
46              requiring educational institutions to provide
47              exemptions and reasonable accommodations for religious
48              and medical reasons; prohibiting educational
49              institutions from requiring persons to wear face
50              coverings, from denying persons access to, entry upon,

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        PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




51              services from, or admission to such institutions, or
52              from otherwise discriminating against persons based on
53              their refusal to wear a facial covering; providing
54              exceptions; requiring the Department of Health to
55              adopt certain emergency rules; providing
56              administrative penalties; authorizing the department
57              to take specified actions for purposes of conducting
58              investigations or proceedings; requiring that
59              collected fines be deposited in the General Revenue
60              Fund; providing construction; authorizing the
61              department to adopt rules; creating s. 381.00321,
62              F.S.; prohibiting governmental entities and
63              educational institutions from adopting, implementing,
64              or enforcing certain public health policies or
65              guidelines unless authorized by state law, rule, or
66              executive order; creating s. 395.1057, F.S.;
67              prohibiting hospitals from interfering with patients'
68              right to choose COVID-19 treatment alternatives if
69              certain conditions are met; providing for disciplinary
70              action; creating s. 408.824, F.S.; defining terms;
71              requiring the Agency for Health Care Administration
72              and the Department of Health to jointly develop
73              standards for the appropriate use of facial coverings
74              in health care settings by a specified date; requiring
75              the agency and the department to adopt emergency rules

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




 76              to develop such standards; requiring the agency and
 77              the department to post such standards on their
 78              respective websites and provide a link for reporting
 79              related violations; requiring certain health care
 80              practitioners and all health care providers to
 81              establish facial covering policies and procedures by a
 82              specified date; providing requirements for such
 83              policies and procedures; requiring such health care
 84              practitioners and health care providers to make their
 85              policies and procedures easily accessible on their
 86              respective websites; beginning on a specified date,
 87              prohibiting health care practitioners and health care
 88              providers from requiring persons to wear a facial
 89              covering for any reason unless the requirement is in
 90              accordance with specified policies and procedures;
 91              providing for disciplinary action; creating s. 456.62,
 92              F.S.; requiring health care practitioners treating
 93              patients diagnosed with COVID-19 to obtain patients'
 94              informed consent before prescribing any medications
 95              for treatment of COVID-19; providing a requirement for
 96              obtaining such informed consent; requiring health care
 97              practitioners to include certain information and use
 98              their best clinical judgment when making certain
 99              determinations related to alternative medications for
100              treatment of COVID-19; requiring health care

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




101              practitioners to indicate certain information in their
102              patients' medical records; providing construction;
103              amending s. 465.0266, F.S.; exempting certain
104              pharmacists from disciplinary action under certain
105              circumstances; amending s. 1002.20, F.S.; conforming
106              provisions to changes made by the act; abrogating the
107              future repeal of specified provisions; providing for
108              the future repeal of specified provisions; providing
109              effective dates.
110
111      Be It Enacted by the Legislature of the State of Florida:
112
113              Section 1. Section 381.00316, Florida Statutes, is amended
114      to read:
115              381.00316          Discrimination by governmental and business
116      entities based on health care choices; prohibition COVID-19
117      vaccine documentation.—
118              (1)(a)        It is the intent of the Legislature that Floridians
119      be free from mandated facial coverings, mandates of any kind
120      relating to vaccines as provided in this section, and
121      discrimination based on such vaccination status.
122              (b)         The Legislature finds that society is harmed by
123      discrimination based on vaccination status as provided in this
124      section when healthy persons are prevented from participating in
125      society and accessing employment opportunities. The Legislature

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126      further finds that remedies to prevent such discrimination are
127      in the best interest of this state.
128              (2)         As used in this section, the term:
129              (a)         "Business entity" has the same meaning as in s.
130      606.03. The term also includes a charitable organization as
131      defined in s. 496.404, a corporation not for profit as defined
132      in s. 617.01401, or any other business operating in this state.
133              (b)         "COVID-19" means the novel coronavirus identified as
134      SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
135      fragments, or a virus mutating therefrom; and all conditions
136      associated with the disease which are caused by SARS-CoV-2, its
137      viral fragments, or a virus mutating therefrom.
138              (c)         "COVID-19 vaccine" means a preparation designed to
139      stimulate the human body's immune response against COVID-19.
140              (d)         "Department" means the Department of Legal Affairs.
141              (e)         "Emergency use authorization vaccine" means any
142      vaccine that is authorized for emergency use under 21 U.S.C.
143      360bbb–3(a)(1) and qualifies as an unapproved product under 21
144      U.S.C. 360bbb–3(a)(2)(A).
145              (f)         "Governmental entity" means the state or any political
146      subdivision thereof, including the executive, legislative, and
147      judicial branches of government; the independent establishments
148      of the state, counties, municipalities, districts, authorities,
149      boards, or commissions; or any agencies that are subject to
150      chapter 286. The term does not include an educational

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151      institution as defined in s. 381.00319.
152              (g)         "Messenger ribonucleic acid vaccine" means any vaccine
153      that uses laboratory-produced messenger ribonucleic acid to
154      trigger the human body's immune system to generate an immune
155      response.
156              (3)(a)(1)          A business entity, as defined in s. 768.38 to
157      include any business operating in this state, may not require
158      any person patrons or customers to provide any documentation
159      certifying COVID-19 vaccination with any vaccine defined under
160      subsection (2) or postinfection recovery from COVID-19, or
161      require a COVID-19 test, to gain access to, entry upon, or
162      service from the business operations in this state or as a
163      condition of contracting, hiring, promotion, or continued
164      employment with the business entity.
165              (b)         A business entity may not discharge or refuse to hire
166      a person; deprive or attempt to deprive a person of employment
167      opportunities; adversely affect a person's status as an employee
168      or as an applicant for employment; or otherwise discriminate
169      against a person based on knowledge or belief of the person's
170      status relating to vaccination with any vaccine defined under
171      subsection (2) or COVID-19 postinfection recovery, or a person's
172      failure to take a COVID-19 test.
173              (c)         For matters relating to vaccines other than those
174      defined under subsection (2), a business entity shall provide
175      for exemptions and reasonable accommodations for religious and

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176      medical reasons in accordance with federal law This subsection
177      does not otherwise restrict businesses from instituting
178      screening protocols consistent with authoritative or controlling
179      government-issued guidance to protect public health.
180              (4)(a)(2)          A governmental entity as defined in s. 768.38
181      may not require any person persons to provide any documentation
182      certifying COVID-19 vaccination with any vaccine defined under
183      subsection (2) or postinfection recovery from COVID-19, or
184      require a COVID-19 test, to gain access to, entry upon, or
185      service from the governmental entity's operations in this state
186      or as a condition of contracting, hiring, promotion, or
187      continued employment with the governmental entity.
188              (b)         A governmental entity may not discharge or refuse to
189      hire a person; deprive or attempt to deprive a person of
190      employment opportunities; adversely affect a person's status as
191      an employee; or otherwise discriminate against a person based on
192      the knowledge or belief of the person's status relating to
193      vaccination with any vaccine defined under subsection (2) or a
194      person's failure to take a COVID-19 test.
195              (c)         For matters relating to vaccines other than those
196      defined under subsection (2), a governmental entity shall
197      provide for exemptions and reasonable accommodations for
198      religious and medical reasons in accordance with federal law .
199              (5)(a)        A business entity or governmental entity may not
200      require a person to wear a face mask, a face shield, or any

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201      other facial covering that covers the mouth and nose. A business
202      entity or governmental entity may not deny any person access to,
203      entry upon, service from, or admission to such entity or
204      otherwise discriminate against a person based on such person's
205      refusal to wear a face mask, a face shield, or any other facial
206      covering that covers the mouth and nose.
207              (b)         Paragraph (a) does not apply to:
208              1.      A health care provider or health care practitioner as
209      those terms are defined in s. 408.824, provided that such health
210      care provider or health care practitioner is in compliance with
211      that section.
212              2.      A business entity or governmental entity when a face
213      mask, a face shield, or any other facial covering that covers
214      the mouth and nose is required safety equipment consistent with
215      occupational or laboratory safety requirements, in accordance
216      with standards adopted by the Department of Health. The
217      Department of Health shall adopt emergency rules to develop such
218      standards. Emergency rules adopted under this subparagraph are
219      exempt from s. 120.54(4)(c) and shall remain in effect until
220      replaced by rules adopted under the nonemergency rulemaking
221      procedures of the Administrative Procedure Act This subsection
222      does not otherwise restrict governmental entities from
223      instituting screening protocols consistent with authoritative or
224      controlling government-issued guidance to protect public health.
225              (3)         An educational institution as defined in s. 768.38 may

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226      not require students or residents to provide any documentation
227      certifying COVID-19 vaccination or postinfection recovery for
228      attendance or enrollment, or to gain access to, entry upon, or
229      service from such educational institution in this state. This
230      subsection does not otherwise restrict educational institutions
231      from instituting screening protocols consistent wit h
232      authoritative or controlling government-issued guidance to
233      protect public health.
234              (6)(a)(4)          The department may impose an administrative a
235      fine not to exceed $5,000 for each individual and separate per
236      violation of this section.
237              (b)         For purposes of conducting an investigation or a
238      proceeding, the department may administer oaths, take
239      depositions, make inspections when authorized by law, issue
240      subpoenas supported by affidavit, serve subpoenas and other
241      process, and compel the attendance of witnesses and the
242      production of books, papers, documents, and other evidence.
243      Challenges to and enforcement of subpoenas or orders shall be in
244      accordance with s. 120.569.
245              (c)         Fines collected pursuant to this section must be
246      deposited into the General Revenue Fund.
247              (7)         This section does not limit the right of the person
248      aggrieved by a violation of this section to recover damages or
249      other relief under any other applicable law.
250              (8)         If a governmental entity fails to comply with

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251      subsection (4), an employee terminated based on such
252      noncompliance may be eligible for reemployment assistance under
253      chapter 443 in addition to any other remedy available to the
254      employee for a violation of this section.
255              (5)         This section does not apply to a health care provider
256      as defined in s. 768.38; a service provider licensed or
257      certified under s. 393.17, part III of chapter 401, or part IV
258      of chapter 468; or a provider with an active health care clinic
259      exemption under s. 400.9935.
260              (9)(6)        The department may adopt rules pursuant to ss.
261      120.536 and 120.54 to implement this section.
262              Section 2. Section 381.00319, Florida Statutes, is amended
263      to read:
264              381.00319          Prohibition on mask mandates and COVID-19
265      vaccination and testing mandates for educational institutions
266      students.—
267              (1)         For purposes of this section, the term:
268              (a)         "COVID-19" has the same meaning as in s. 381.00316
269      381.00317(1).
270              (b)         "COVID-19 vaccine" has the same meaning as in s.
271      381.00316.
272              (c)         "Educational institution" means a public or private
273      school, including a preschool, elementary school, middle school,
274      junior high school, secondary school, career center, or
275      postsecondary school has the same meaning as in s. 112.0441(1).

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276              (d)         "Emergency use authorization vaccine″ has the same
277      meaning as in s. 381.00316.
278              (e)         "Messenger ribonucleic acid vaccine" has the same
279      meaning as in s. 381.00316.
280              (c)         "Parent" has the same meaning as in s. 1000.21(5).
281              (2)(a)        Notwithstanding any other law to the contrary, An
282      educational institution or elected or appointed local official
283      may not impose a COVID-19 vaccination mandate on for any person
284      requiring vaccination with any vaccine defined under subsection
285      (1) student.
286              (b)         An educational institution may not require any person
287      to provide any documentation certifying vaccination with any
288      vaccine defined under subsection (1) or postinfection recovery
289      from COVID-19, or require a COVID-19 test, to gain admission or
290      access to, entry upon, or service from the educational
291      institution in this state or as a condition of contracting,
292      hiring, promotion, or continued employment with the educational
293      institution. An educational institution may not discharge or
294      refuse to hire a person; deprive or attempt to deprive a person
295      of employment opportunities; adversely affect a person's status
296      as an employee or as an applicant for employment; or otherwise
297      discriminate against a person based on knowledge or belief of
298      the person's status relating to vaccination with any vaccine
299      defined under subsection (1) or COVID-19 postinfection recovery,
300      or a person's failure to take a COVID-19 test.

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301              (c)         For matters relating to vaccines other than those
302      defined under subsection (1), an educational institution shall
303      provide for exemptions and reasonable accommodations for
304      religious and medical reasons in accordance with federal law.
305              (3)(a)        An educational institution may not require a person
306      to wear a face mask, a face shield, or any other facial covering
307      that covers the mouth and nose. An educational institution may
308      not deny any person access to, entry upon, service fr om, or
309      admission to such educational institution or otherwise
310      discriminate against a person based on such person's refusal to
311      wear a face mask, a face shield, or any other facial covering
312      that covers the mouth and nose.
313              (b)         Paragraph (a) does not apply to:
314              1.      A health care provider or health care practitioner as
315      those terms are defined in s. 408.824, provided such health care
316      provider or health care practitioner is in compliance with that
317      section.
318              2.      An educational institution when a face mask, a face
319      shield, or any other facial covering that covers the mouth and
320      nose is used as required safety equipment in a course of study
321      consistent with occupational or laboratory safety requirements,
322      in accordance with standards adopted by the Department of
323      Health. The Department of Health shall adopt emergency rules to
324      develop such standards. Emergency rules adopted under this
325      subparagraph are exempt from s. 120.54(4)(c) and shall remain in

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326      effect until replaced by rules adopted under the nonemergency
327      rulemaking procedures of the Administrative Procedure Act.
328              (4)(a)        Notwithstanding s. 768.39, the Department of Health
329      may impose an administrative fine not to exceed $5,000 for each
330      individual and separate violation of this section.
331              (b)         For the purpose of conducting an investigation or a
332      proceeding, the Department of Health may administer oaths, take
333      depositions, make inspections when authorized by law, issue
334      subpoenas supported by affidavit, serve subpoenas and other
335      process, and compel the attendance of witnesses and the
336      production of books, papers, documents, and other evidence.
337      Challenges to and enforcement of subpoenas or orders shall be in
338      accordance with s. 120.569.
339              (c)         Fines collected pursuant to this section must be
340      deposited in the General Revenue Fund.
341              (5)         This section does not limit the right of the person
342      aggrieved by a violation of this section to recover damages or
343      other relief under any other applicable law.
344              (6)         The Department of Health may adopt rules to implement
345      this section.
346              (3)         A parent of a student, a student who is an emancipated
347      minor, or a student who is 18 years of age or older may bring an
348      action against the educational institution to obtain a
349      declaratory judgment that an act or practice violates this
350      section and to seek injunctive relief. A prevailing parent or

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351      student, as applicable, must be awarded reasonable attorney fees
352      and court costs.
353              (4)         This section expires June 1, 2023.
354              Section 3.           Section 381.00321, Florida Statutes, is created
355      to read:
356              381.00321          International health organization policies.—A
357      governmental entity as defined in s. 381.00316 or an educational
358      institution as defined in s. 381.00319 may not adopt, implement,
359      or enforce an international health organization's public health
360      policies or guidelines unless authorized to do so under state
361      law, rule, or executive order issued by the Governor under s.
362      252.36.
363              Section 4. Section 395.1057, Florida Statutes, is created
364      to read:
365              395.1057           Patients' right to choose COVID-19 treatment
366      alternatives.—A hospital may not interfere with a patient's
367      right to choose COVID-19 treatment alternatives as recommended
368      by a health care practitioner with privileges at the hospital if
369      the health care practitioner has obtained informed consent from
370      the patient in accordance with s. 456.62. Any hospital that
371      violates this section by preventing a health care practitioner
372      from exercising his or her sound judgment is subject to agency
373      disciplinary action under s. 395.1065(2).
374              Section 5. Effective upon this act becoming a law, section
375      408.824, Florida Statutes, is created to read:

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376              408.824        Facial covering requirements for health care
377      practitioners and health care providers.—
378              (1)         As used in this section, the term:
379              (a)         "Department" means the Department of Health.
380              (b)         "Facial covering" means a cloth or surgical face mask,
381      a face shield, or any other facial covering that covers the
382      mouth and nose.
383              (c)         "Health care practitioner" has the same meaning as in
384      s. 456.001.
385              (d)         "Health care provider" means a provider as defined in
386      s. 408.803; a service provider licensed or certified under s.
387      393.17, part III of chapter 401, or part IV of chapter 468; a
388      provider with an active health care clinic exemption under s.
389      400.9935; an optical establishment permitted under s. 484.007; a
390      massage establishment licensed under s. 480.043; a pharmacy as
391      defined in s. 465.003; or an office registered under s. 458.328
392      or s. 459.0138.
393              (e)         "Office" means an office maintained for the practice
394      of a health care practitioner's profession, as provided in his
395      or her practice act.
396              (2)(a)        By July 1, 2023, the agency and the department
397      shall jointly develop standards for the appropriate use of
398      facial coverings for infection control in health care settings.
399              (b)         The agency and the department shall adopt emergency
400      rules for the standards developed under paragraph (a). Emergency

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401      rules adopted under this section are exempt from s. 120.54(4)(c)
402      and shall remain in effect until replaced by rules adopted under
403      the nonemergency rulemaking procedures of the Administrative
404      Procedure Act.
405              (c)         The agency and the department shall publish the
406      standards developed under paragraph (a) on their respective
407      websites and provide a link for persons to report violations of
408      the standards.
409              (3)         By August 1, 2023, each health care practitioner who
410      owns or operates an office and each health care provider shall
411      establish facial covering policies and procedures for their
412      respective health care settings, if such health care
413      practitioner or health care provider requires any individual to
414      wear a facial covering for any reason. Such policies and
415      procedures must comply with the standards developed under
416      subsection (2) and must be accessible from the home page of such
417      health care practitioner's or health care provider's website or
418      conspicuously displayed in the lobby of its health care service
419      setting or settings.
420              (4)         Effective August 1, 2023:
421              (a)         Health care practitioners and health care providers
422      may not require any person to wear a facial covering for any
423      reason unless the requirement is in accordance with the
424      standards developed under subsection (2) and the policies and
425      procedures established under subsection (3).

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426              (b)         A health care practitioner or a health care provider
427      in violation of paragraph (a) or subsection (3) is subject to
428      disciplinary action by the agency or a board as defined in s.
429      456.001, or the department if there is no board, as applicable.
430              Section 6. Section 456.62, Florida Statutes, is created to
431      read:
432              456.62        Communication of COVID-19 treatment alternatives.—
433              (1)         A health care practitioner treating a patient
434      diagnosed with COVID-19 shall obtain the informed consent of the
435      patient or the patient's legal representative before prescribing
436      any medication for the treatment of COVID-19.
437              (2)         To obtain informed consent, the health care
438      practitioner must provide an explanation of alternative
439      medications for the treatment of COVID-19 and the relative
440      advantages, disadvantages, and risks associated with such
441      alternative medications to the extent necessary to allow the
442      patient or the patient's legal representative to make a prudent
443      decision regarding treatment.
444              (3)         In determining which alternative medications to
445      present to a patient for purposes of obtaining informed consent,
446      the health care practitioner must include any medications
447      currently authorized or approved by the United States Food and
448      Drug Administration for the treatment of COVID-19 and use his or
449      her best clinical judgment to identify any alternative
450      medications that could reasonably be expected to benefit the

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451      patient.
452              (4)         In providing such information regarding alternative
453      medications, the health care practitioner shall take into
454      consideration the physical state of the patient and the
455      patient's ability to understand the information.
456              (5)         A health care practitioner treating a patient
457      diagnosed with COVID-19 shall indicate on such patient's medical
458      record the health care practitioner's compliance or
459      noncompliance with this section.
460              (6)         This section does not supersede any other provision of
461      law regarding informed consent.
462              Section 7. Section 465.0266, Florida Statutes, is amended
463      to read:
464              465.0266           Common database.—Nothing contained in this
465      chapter may shall be construed to prohibit the dispensing by a
466      pharmacist licensed in this state or another state of a
467      prescription contained in a common database, and such dispensing
468      does shall not constitute a transfer as defined in s.
469      465.026(1)-(6), provided that the following conditions are met:
470              (1)         All pharmacies involved in the transactions pursuant
471      to which the prescription is dispensed are under common
472      ownership and utilize a common database.
473              (2)         All pharmacies involved in the transactions pursuant
474      to which the prescription is dispensed and all pharmacists
475      engaging in dispensing functions are properly licensed,

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476      permitted, or registered in this state or another state.
477              (3)         The common database maintains a record of all
478      pharmacists involved in the process of dispensing a
479      prescription.
480              (4)         The owner of the common database maintains a policy
481      and procedures manual that governs its participating pharmacies,
482      pharmacists, and pharmacy employees and that is available to the
483      board or its agent upon request. The policy and procedures
484      manual must shall include the following information:
485              (a)         A best practices model detailing how each pharmacy and
486      each pharmacist accessing the common database will comply with
487      applicable federal and state laws, rules, and regulations.
488              (b)         The procedure for maintaining appropriate record s for
489      regulatory oversight for tracking a prescription during each
490      stage of the filling and dispensing process, identifying the
491      pharmacists involved in filling and dispensing the prescription
492      and counseling the patient, and responding to any requests for
493      information made by the board under s. 465.0156.
494              (c)         The policy and procedure for providing adequate
495      security to protect the confidentiality and integrity of patient
496      information.
497              (d)         A quality assurance program designed to objectively
498      and systematically monitor, evaluate, and improve the quality
499      and appropriateness of patient care through the use of the
500      common database.

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501
502      Any pharmacist dispensing a prescription has at all times the
503      right and obligation to exercise his or her independent
504      professional judgment. Any pharmacist properly dispensing an
505      alternative medication prescribed for the treatment of COVID -19
506      is not subject to disciplinary action by the board or the
507      department based solely on such dispensing. Notwithstanding
508      other provisions in this section, a no pharmacist licensed in
509      this state participating in the dispensing of a prescription
510      pursuant to this section is not shall be responsible for the
511      acts and omissions of another person participating in the
512      dispensing process provided such person is not under the direct
513      supervision and control of the pharmacist licensed in this
514      state.
515              Section 8. Paragraph (n) of subsection (3) of section
516      1002.20, Florida Statutes, is amended to read:
517              1002.20        K-12 student and parent rights.—Parents of public
518      school students must receive accurate and timely information
519      regarding their child's academic progress and must be informed
520      of ways they can help their child to succeed in school. K-12
521      students and their parents are afforded numerous statutory
522      rights including, but not limited to, the following:
523              (3)         HEALTH ISSUES.—
524              (n)         Face covering mandates and quarantine mandates in
525      response to COVID-19.—

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




526              1.      A district school board, a district school
527      superintendent, an elected or appointed local official, or any
528      district school board employee may not:
529              a.      Require a student to wear a face mask, a face shield,
530      or any other facial covering that fits over the mouth or nose.
531      However, a parent, at the parent's sole discretion, may allow
532      his or her child to wear a face mask, a face shield, or any
533      other facial covering that fits over the mouth or nose. This
534      prohibition does not apply to safety equipment required as part
535      of a course of study consistent with occupational or laboratory
536      safety requirements.
537              b.      Prohibit a student from attending school or school-
538      sponsored activities, prohibit a student from being on school
539      property, or subject a student to restrictions or disparate
540      treatment, based on an exposure to COVID-19, so long as the
541      student remains asymptomatic and has not received a positive
542      test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1).
543
544      A parent of a student, a student who is an emancipated minor, or
545      a student who is 18 years of age or older may bring an action
546      against the school district to obtain a declaratory judgment
547      that an act or practice violates this subparagraph and to seek
548      injunctive relief. A prevailing parent or student, as
549      applicable, must be awarded reasonable attorney fees and court
550      costs.

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551              2.      A district school board, a district school
552      superintendent, an elected or appointed local official, or any
553      school district employee may not prohibit an employee from
554      returning to work or subject an employee to restrictions or
555      disparate treatment based on an exposure to COVID-19 so long as
556      the employee remains asymptomatic and has not received a
557      positive test for COVID-19 as defined in s. 381.00319(1) s.
558      381.00317(1).
559              3.      This paragraph expires June 1, 2023.
560              Section 9.         Sections 381.00316(2)(g) and 381.00319(1)(e),
561      Florida Statutes, as created by this act, are repealed on June
562      1, 2025.
563              Section 10.           Except as otherwise provided in this act, and
564      except for this section, which shall take effect upon this act
565      becoming a law, this act shall take effect June 1, 2023.




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PCS for CS/HB 1015
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 1015 Pub.Rec./ Protection from Discrimination Based on Health Care Choices
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                     Lloyd              Hamon


                                              SUMMARY ANALYSIS
Current law prohibits a private employer from imposing a COVID-19 vaccination mandate for any employee
without providing certain exemptions, or terminating such an employee who refuses to comply. Employees
may file a complaint with Department of Legal Affairs (DLA) within the Office of the Attorney General alleging
violations, for investigation and enforcement. Similarly, current law prohibits private businesses, governmental
entities and educational institutions from requiring a person to document COVID-19 vaccination or post-
infection recovery. The Department of Health (DOH) investigates complaints of violations of this provision.

Current law makes complaint and investigation materials held by DLA confidential and exempt public record
information; there is no public records exemption for similar records held by DOH.

HB 1013, to which this bill is linked, establishes additional prohibitions against businesses, governmental
entities and educational institutions, related to requirements for COVID-19 testing and face masks, and
authorizes DLA and DOH to enforce these provisions.

This bill establishes a public records exemption for complaint and investigation information related to violations
of the new prohibitions established in the linked bill, held by either DLA or DOH. The exemption applies until
the investigation is completed or ceases to be active, after which, the information remains confidential and
exempt if disclosure would jeopardize the integrity of another active investigation, reveal medical information,
or reveal information regarding religious beliefs.

Information made confidential and exempt may be released to another business, governmental entity, or
educational institution in the furtherance of that entity's lawful duties and responsibilities. Additionally, the bill
provides that it does not prohibit the disclosure of information in an aggregated format.

The bill provides a public necessity statement as required by the Florida Constitution. It also provides that the
public record exemption is repealed on October 2, 2028.

The bill has an insignificant negative fiscal impact on the state and no impact on local government.

The bill is effective on the same date as in HB 1013 or similar legislation, which is 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: pcs1015.COM
DATE: 4/23/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:

          Background

          Public Records

          Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
          government records. This section guarantees every person a right to inspect or copy any public record
          of the legislative, executive, and judicial branches of government. The Legislature, however, may
          provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
          Florida Constitution.1 The general law must state with specificity the public necessity justifying the
          exemption2 and must be no broader than necessary to accomplish its purpose. 3

          Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
          which guarantees every person a right to inspect and copy any state, county, or municipal record,
          unless the record is exempt. Furthermore, the Open Government Sunset Review Act 4 provides that a
          public record or public meeting exemption may be created or maintained only if it serves an identifiable
          public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
               Allow the state or its political subdivisions to effectively and efficiently administer a
                  governmental program, which administration would be significantly impaired without the
                  exemption.
               Protect sensitive personal information that, if released, would be defamatory or would
                  jeopardize an individual’s safety; however, only the identity of an individual may be exempted
                  under this provision.
               Protect trade or business secrets.5

          Florida Attorney General and the Department of Legal Affairs

          The Attorney General is an elected constitutional officer who serves as the chief state legal officer and
          as a member of the cabinet.6 The Attorney General must perform the duties prescribed by the Florida
          Constitution and any other duties appropriate to his or her office as may from time to time be required
          of the Attorney General by law or by resolution of the Legislature. 7

          The Attorney General is the head of the Department of Legal Affairs (DLA), 8 which
          is responsible for providing all legal services required by any department, unless otherwise provided by
          law,9 including defending the state in civil litigation cases; representing the people of Florida in criminal
          appeals in state and federal courts; protecting the rights of children, consumers, and victims through its
          various protection programs; and investigating and litigating against businesses that seek to limit
          competition and defraud taxpayers.10




1 Article I, s. 24(c), FLA. C ONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Article I. s. 24(c), FLA. C ONST.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 Art. IV, s. 4, FLA. C ONST.
7 See s. 16.01(2), F.S.
8 S. 20.11, F.S.
9 S. 16.015, F.S.
10 OPPAGA,   Office of the Attorney General (Department of Legal Affairs),
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1026 (last visited Nov. 8, 2021).
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         Department of Health

         The Department of Health (DOH) is established under s. 20.43, F.S., to “protect and promote the health
         of all residents and visitors in the state through organized state and community efforts, including
         cooperative agreements with counties”. The head of DOH is the Surgeon General, also designated as
         the State Health Officer. DOH also administers state epidemiology functions, and is required to identify,
         diagnose, and conduct surveillance of diseases and health conditions in the state and accumulate the
         health statistics necessary to establish trends. As part of those functions, DOH maintains vital statistics
         and other health data, including vaccination information. Current law also requires DOH to conduct a
         communicable disease prevention and control program as part of fulfilling its public health mission. 11

         COVID-19 Vaccination Mandate Investigations

                  Private Business Prohibition

         Section 381.00317, F.S., generally prohibits businesses from requiring any employee or contracted
         worker to be vaccinated for COVID-19. This prohibition applies to any form of corporation, partnership,
         association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in
         this state, and any charitable organization.

         Businesses can require employee vaccination, if they allow the employees to opt out of vaccination for
         these or any other reasons:
              for medical or religious reasons;
              based on immunity to COVID-19;
              if the employee agrees to periodic testing; or
              if the employee uses employer-provided personal protective equipment (PPE).

         The statute lays out specific criteria for claiming each of the above exemptions, and requires employers
         to use DOH forms for employees to submit statements of exemption.

                  Enforcement

         This prohibition is enforced by the Department of Legal Affairs (DLA) within the Office of the Attorney
         General. Employees may file complaints with DLA, which investigates them. DLA must offer the
         employer the opportunity to comply with the law. However, DLA is required to fine an employer who
         violates this prohibition and terminates an employee due to a vaccination mandate: up to $10,000 per
         violation for employers with under 100 employees; and up to $50,000 per violation for employers with
         100 or more employees. The statute authorizes the Attorney General to consider various factors and
         mitigating circumstances when determining the amount of the fine.

         Since enactment, DLA has received 927 complaints, the majority of which were closed due to lack of a
         statutory violation. DLA found probable cause for nine complaints, and filed a single administrative
         complaint against an employer.12

                  Public Records Exemption

         Section 381.00318, F.S., provides a public records exemption for information related to vaccination
         mandate investigation of a private business. All such information is both confidential and exempt from
         disclosure during an active investigation, and remains so when the investigation is no longer active if
         the disclosure, as determined by the Attorney General, would jeopardize another, active, investigation,
         or result in certain harms to the complaining employee.
         Documentation of COVID-19 Vaccination or Post-Infection Recovery


11 2 S. 381.003, F.S. A communicable disease is any disease caused by transmission of a specific infectious agent, or its toxic

products, from an infected person, an infected animal, or the environment to a susceptible host, either directly or indirectly.
12 Department of Legal Affairs, email to committee staff from Libby Guzzo, Legislative Affairs Director, Feb. 7, 2023 (on file w ith

committee staff).
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         Section 381.00316, F.S., prohibits business, governmental entities and educational institutions from
         requiring customers, persons seeking access to government operations, and students or residents,
         respectively, from requiring documentation of COVID-19 vaccination or post-infection recovery.

         This provision is enforced by DOH, which is authorized to impose a fine up to $5,000 for each incident.

         Face Masks

         Section 1002.20(1)(n), F.S., prohibits public schools from requiring a student to wear a face mask,
         other than when required by occupational or laboratory safety standards.

         This provision is enforced by private actions for declaratory and injunctive relief by parents or adult
         students.

         Current law does not prohibit face mask requirements by private businesses or governmental entities.

         House Bill 1013 (2023)

         The HB 1013, to which this bill is linked, adds to current COVID-19-related prohibitions on private
         businesses, governmental entities, and educational institutions, and expands enforcement functions.
         That bill prohibits private businesses, governmental entities, and educational institutions from imposing
         requirements to take a COVID-19 test or wear a facial covering as a condition of accessing the
         business or governmental or educational services.

         That bill prohibits businesses and governmental entities from refusing to hire, terminating, or adversely
         affecting a person’s status as an employee or applicant, or otherwise discriminate in any way against a
         person for failing to comply with a prohibited requirement.

         That bill authorizes DLA to enforce these provisions against private businesses and governmental
         entities, authorizes DOH to enforce these provisions against educational institutions, and moves
         enforcement from DOH to DLA to enforce the current law prohibition against requiring documentation of
         COVID-19 vaccination or post-infection recovery against all three types of entities.

         That bill expands current ss. 381.00316 and 381.00319, F.S., for these purposes.

         Effect of the Bill

         This bill, which is linked to the passage of HB 1013 (2023), amends s. 381.00318 to create a public
         records exemption for records related to violations of ss. 381.00316 and 381.00319, F.S., as amended
         by HB 1013 or similar legislation.

         Specifically, the bill makes records related to violations of s. 381.00316, F.S., or s. 381.00319, F.S., by
         business entities, governmental entities and educational institutions, held by DLA or DOH, confidential
         and exempt. The exemptions and confidentiality applies to complaints and investigation records related
         to testing and mask mandates, vaccination or post-infection recovery status, and COVID-19-related
         discrimination.

         Provisions in the current public records exemption applicable to investigations of violations of s.
         381.00017, F.S., will apply to this new exemption. The complaint and investigative information are
         confidential and exempt13 from public records requirements until the investigation is completed or

13 There is a difference between records the Legislature designates exempt from public records requirements and those the Legislature

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstan ces.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-09
(2004).

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       ceases to be active. For purposes of the public record exemption, an investigation is considered
       “active” while such investigation is being conducted by DLA with a reasonable, good faith, belief that it
       may lead to a determination of whether there was a violation of either s. 381.00316 or s. 381.00319,
       F.S. An investigation does not cease to be active if DLA is proceeding with reasonable dispatch and
       there is a good faith belief that action may be initiated by DLA.

       After an investigation is completed or ceases to be active, information relating to the investigation
       remains confidential and exempt from public records requirements if disclosure of that information
       would jeopardize the integrity of another active investigation, reveal medical information about an
       employee, or reveal information regarding an employee’s religious beliefs.

       Information made confidential and exempt may be released to another governmental entity in the
       furtherance of that entity's lawful duties and responsibilities. In addition, the bill provides that it does not
       prohibit the disclosure of information in an aggregated format.

       The bill also provides a public necessity statement as required by art. I, s. 24(c) of the Florida
       Constitution. In part, the public necessity statement provides that protection of the complaint or
       investigative information

               is required to safeguard an individual's private information regarding medical
               information or religious beliefs and to ensure the integrity of an active
               investigation [….]

       Lastly, the bill provides that the public record exemption repeals on October 2, 2028.

       The bill is effective on the same date that HB 1013 or similar legislation takes effect in the same
       legislative session.

   B. SECTION DIRECTORY:

       Section 1:      Amending s. 381.00318, F.S., relating to complaints and investigations regarding
                       COVID-19 vaccination mandates; public records exemption.
       Section 2:      Provides a public necessity statement as required by the Florida Constitution.
       Section 3:      Provides a contingent effective date.

                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           The bill could have an insignificant negative fiscal impact on DLA and DOH staff for training and
           complying with the newly-created public record exemption. These costs, however, would be
           absorbed, as they are part of the day-to-day responsibilities of DLA and DOH.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

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           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:

          Vote Requirement

          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.

          Public Necessity Statement

          Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
          or expanded public record or public meeting exemption. The bill creates a public record exemption;
          thus, it includes a public necessity statement.

          Breadth of Exemption

          Article I, s. 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 record exemption for an employee complaint alleging a private
          employer’s violation of state law regarding such employer’s COVID-19 vaccination policies or
          practices, and all information relating to an investigation of such complaint, until the investigation is
          completed or ceases to be active. As such, the public record exemption does not appear to be
          broader than necessary to accomplish its stated purpose.

   B. RULE-MAKING AUTHORITY:

       The bill does not confer rulemaking authority nor require rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.
                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           PCS for CS/HB 1015                                                                                   2023




    1                                         A bill to be entitled
    2              An act relating to public records; amending s.
    3              381.00318, F.S.; providing an exemption from public
    4              records requirements for certain information held by
    5              the Department of Legal Affairs and the Department of
    6              Health; authorizing the disclosure of such information
    7              under certain circumstances; providing for future
    8              legislative review and repeal of the exemption;
    9              providing a statement of public necessity; providing a
10                 contingent effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                 Section 1.         Section 381.00318, Florida Statutes, is amended
15         to read:
16                 381.00318         Complaints and investigations regarding private
17         employer COVID-19 vaccination and testing and facial covering
18         mandates; public records exemption.—
19                 (1)(a)       An employee complaint alleging a private employer's
20         violation of s. 381.00317 regarding employer COVID-19
21         vaccination policies or practices, and all information relating
22         to an investigation of such complaint, held by the Department of
23         Legal Affairs is confidential and exempt from s. 119.07(1) and
24         s. 24(a), Art. I of the State Constitution until the
25         investigation is completed or ceases to be active. For purposes

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        PCS for CS/HB 1015                                                                                   2023




26      of this subsection section, an investigation is considered
27      "active" while such investigation is being conducted by the
28      department with a reasonable good faith belief that it may lead
29      to a determination of whether there was a violation of s.
30      381.00317. An investigation does not cease to be active if the
31      department is proceeding with reasonable dispatch and there is a
32      good faith belief that action may be initiated by the
33      department.
34              (b)(2)       After an investigation is completed or ceases to be
35      active, information in records relating to the investigation
36      remains confidential and exempt from s. 119.07(1) and s. 24(a),
37      Art. I of the State Constitution if disclosure of that
38      information would do any of the following:
39              1.(a)        Jeopardize the integrity of another active
40      investigation.
41              2.(b)        Reveal medical information about an employee.
42              3.(c)        Reveal information regarding an employee's religious
43      beliefs.
44              (c)(3)       Information made confidential and exempt under this
45      subsection section may be released to another governmental
46      entity in the furtherance of that entity's lawful duties and
47      responsibilities.
48              (d)(4)       This subsection section does not prohibit the
49      disclosure of information in an aggregated format.
50              (e)(5)       This subsection section shall stand repealed on

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        PCS for CS/HB 1015                                                                                   2023




51      October 2, 2023.
52              (2)(a)        A complaint alleging a business entity's, a
53      governmental entity's, or an educational institution's violation
54      of s. 381.00316 or s. 381.00319, and all information relating to
55      an investigation of such complaint, held by the Department of
56      Legal Affairs or the Department of Health is confidential and
57      exempt from s. 119.07(1) and s. 24(a), Art. I of the State
58      Constitution until the investigation is completed or ceases to
59      be active. For purposes of this subsection, an investigation is
60      considered "active" while such investigation is being conducted
61      by the Department of Legal Affairs or the Department of Health
62      with a reasonable good faith belief that it may lead to a
63      determination of whether there was a violation of s. 381.00316
64      or s. 381.00319. An investigation does not cease to be active if
65      the Department of Legal Affairs or the Department of Health is
66      proceeding with reasonable dispatch and there is a good faith
67      belief that action may be initiated by the Department of Legal
68      Affairs or the Department of Health.
69              (b)         After an investigation is completed or ceases to be
70      active, information in records relating to the investigation
71      remains confidential and exempt from s. 119.07(1) and s. 24(a),
72      Art. I of the State Constitution if disclosure of that
73      information would do any of the following:
74              1.      Jeopardize the integrity of another active
75      investigation.

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         PCS for CS/HB 1015                                                                                   2023




 76              2.      Reveal medical information about an individual.
 77              3.      Reveal information regarding an individual's religious
 78      beliefs.
 79              (c)         Information made confidential and exempt under this
 80      subsection may be released to another governmental entity in the
 81      furtherance of that entity's lawful duties and responsibilities.
 82              (d)         This subsection does not prohibit the disclosure of
 83      information in an aggregated format.
 84              (e)         This subsection is subject to the Open Government
 85      Sunset Review Act in accordance with s. 119.15 and shall stand
 86      repealed on October 2, 2028, unless reviewed and saved from
 87      repeal through reenactment by the Legislature.
 88              Section 2.         The Legislature finds that it is a public
 89      necessity that a complaint alleging a business entity's, a
 90      governmental entity's, or an educational institution's violation
 91      of s. 381.00316, Florida Statutes, or s. 381.00319, Florida
 92      Statutes, and all information relating to an investigation of
 93      such complaint, held by the Department of Legal Affairs or the
 94      Department of Health be made confidential and exempt from s.
 95      119.07(1), Florida Statutes, and s. 24(a), Article I of the
 96      State Constitution until the investigation is completed or
 97      ceases to be active. The Legislature further finds that it is a
 98      public necessity to maintain the confidential and exempt status
 99      of information that would jeopardize the integrity of another
100      active investigation, reveal medical information about an

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         PCS for CS/HB 1015                                                                                   2023




101      individual, or reveal information regarding an individual's
102      religious beliefs after an investigation is completed or ceases
103      to be active. Protection of such information is required to
104      safeguard an individual's private information regarding medical
105      information or religious beliefs and to ensure the integrity of
106      an active investigation, if applicable.
107              Section 3.         This act shall take effect on the same date
108      that HB 1013 or similar legislation takes effect, if such
109      legislation is adopted in the same legislative session or an
110      extension thereof and becomes a law.




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PCS for HB 1617
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1617 Immigration
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Thompson           Hamon


                                             SUMMARY ANALYSIS
Florida law requires state and local law enforcement entities to cooperate and assist the federal government in
the enforcement of federal immigration laws, provides criminal penalties for human smuggling into the state,
and provides employment verification requirements for public and private employers.

The bill, in part:
    Beginning July 1, 2023, requires private employers, with 25 or more employees, to use E-Verify for new
        employees.
    Expands violations and penalties related to human smuggling when smuggling a minor, more than five
        people, or when a defendant has a prior conviction for human smuggling, and allows prosecution of
        human smuggling under the Florida Racketeer Influenced and Corrupt Organization (RICO) Act.
    Prohibits a county or municipality from providing funds to issue community ID cards for individuals who
        are not lawfully in the country.
    Invalidates driver’s licenses that are exclusively issued by another state to undocumented immigrants,
        and requires the Department of Highway Safety and Motor Vehicles (DHSMV) to issue citations and
        maintain a list of out of state classes of driver licenses that are invalid.
    Removes the authority for unauthorized immigrants to be admitted to the Florida Bar, effective
        November 1, 2028.
    Requires persons who are in the custody of a law enforcement agency and subject to an immigration
        detainer to submit DNA to the statewide DNA database.
    Requires hospitals that accept Medicaid to collect immigration status data related to admissions and
        emergency room visits and report to the Agency of Health Care Administration (AHCA).
    For the 2023-2024 fiscal year, provides a $12 million nonrecurring appropriation to the Division of
        Emergency Management for the Unauthorized Alien Transport Program.

The bill has a negative fiscal impact on state and local government, and the private sector.

The effective date of the bill is July 1, 2023, except as otherwise expressly provided.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1617.COM
DATE: 4/23/2023
                                                      FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Immigration Laws

         The Federal Government establishes and enforces immigration laws. The federal Immigration and
         Nationality Act (INA) contains many of the most important provisions of immigration law.1

         The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE),
         Enforcement and Removal Operations, is responsible for enforcing the immigration laws and
         identifying, apprehending, and removing aliens who are a risk to national security or public safety, who
         are in the country illegally, or who undermine the integrity of the country’s immigration laws or border
         control efforts.2

         U.S. Customs and Border Protection (Border Patrol) is the federal law enforcement agency responsible
         for securing the nation’s borders and facilitating international travel and trade. The Border Patrol’s top
         priority is to keep terrorists and their weapons from entering the United States.

         In 2020, The Border Patrol had 646,822 enforcement actions. In 2021, that total increased to over 1.9
         million actions, an increase of over 200 percent. The Border Patrol’s total enforcement actions in 2022
         was about 2.8 million, another 41 percent increase, and to date for 2023, the total is already over 1
         million.

         These statistics include individuals “encountered at ports of entry who are seeking lawful admission into
         the United States but are determined to be inadmissible, individuals presenting themselves to seek
         humanitarian protection under our laws, and individuals who withdraw an application for admission and
         return to their countries of origin within a short timeframe.” The total also includes encounters that led to
         apprehensions or expulsions, including individuals who were physically controlled or temporarily
         detained due to being unlawfully present in the United States. 3

         In addition to the dramatic increase in border encounters, the recidivism rate has also increased.
         According to the Border Patrol webpage, “recidivism refers to percentage of individuals apprehended
         more than one time by the Border Patrol within a fiscal year.” In 2019, the rate was only 7 percent.
         However, that climbed to an increase of 26 percent in 2020 and 27 percent in 2021. 4

         Encounters with criminal noncitizens in 2020 were 9,447, in 2021 were 17,330, in 2022 were 29,021,
         and so far in 2023 are 11,785. “Criminal noncitizens refers to noncitizens who have been convicted of
         crime, whether in the United States or abroad, so long as the conviction is for conduct which is deemed
         criminal by the United States.”5

         Governor’s Executive Orders on Immigration

         The Governor has issued two Executive Orders attempting to address the enforcement of immigration




1 8 U.S.C. §§ -1401 Suppl. 2 1964.
2 U.S. Immigration  and Customs Enforcement, Enforcement and Removal Operations, Mission, https://www.ice.gov/ero (last visited
Mar. 21, 2023).
3 U.S. Customs and Border Protection, CBP Enforcement Statistics Fiscal Year 2023, https://www.cbp.gov/newsroom/stats/cbp-

enforcement-statistics (last visited Mar. 21, 2023).
4 Id.
5 Id.
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         laws and the immigration crisis the state has on its borders.6

         On September 28, 2021, the Governor issued Executive Order No. 21-223, Biden Border Crisis.
         Finding that the detrimental effects of an unsecured southwest border of the United States would
         reverberate beyond border states, including increased crime, such as drug trafficking and human
         trafficking and smuggling, diminished economic opportunities for American workers, and stresses on
         education and healthcare systems. The order prohibited state agencies from assisting with the
         transport of aliens apprehended at the southwest border into Florida, and required state agencies to
         use the federal Systematic Alien Verification for Entitlements (SAVE) program to confirm the eligibility
         of persons before providing any funds, resources, or other benefits.

         Specifically, the executive order:
             Directs the Florida Department of Law Enforcement (FDLE) and the Florida Highway Patrol
                (FHP) to determine on an ongoing basis the number and identities of all illegal aliens 7 whom the
                DHS, as well as any other federal departments or agencies, federal contractors, or affiliated
                non-governmental organizations, transport to Florida and to detain any aircraft, bus, or other
                vehicle used to transport illegal aliens to the state in the commission of a state offense,
                including state laws against human trafficking.
             Requests state attorneys and statewide prosecutor to report monthly to the Governor’s Office
                and the FDLE on information related to illegal aliens and crimes, which FDLE was to make
                available on its website.
             Directs the Agency for Health Care Administration (AHCA), in coordination with the Department
                of Children and Families (DCF), the Department of Health (DOH), and county health
                departments, to use all lawful means to determine the amount of state and local funds spent on
                health care, including emergency care, for illegal aliens each fiscal year. AHCA was also
                directed to require managed care plans and hospitals to report any Medicaid or other
                governmental expenditures incurred for illegal aliens for each fiscal year beginning in 2021.
                Such information was to be made available to the Governor’s Office and posted on the websites
                for AHCA and DOH.
             Directs DCF to determine the amount and purpose of state funds expended by the department
                on illegal aliens for each fiscal year. Such information was to be made available to the
                Governor’s Office and posted on the website for the department. The department was also
                directed to review resettlement of unaccompanied alien children8 in Florida and make
                determinations on resettlement under state laws; to the extent that such resettlement did not
                constitute “evidence of need” under Florida law, the department was directed to not grant or
                renew licenses to family foster homes, residential child-caring agencies, or child-placing
                agencies that applied to house unaccompanied minors and to prohibit these entities from
                accepting additional children if they already housed unaccompanied alien children. These
                entities were also required, as a part of licensure, to conduct in-person welfare checks on these
                children and report to the department, if the department determined that such checks were
                permitted by state law.
             Directs the FDLE, in consultation with the Attorney General, to conduct regular audits of
                businesses in Florida to ensure that businesses were complying with state law to verify the
                employment eligibility of new employees. The department was ordered to prioritize audits of
                publicly traded corporations or companies with more than 200 employees that operate in
                sectors of the economy known for employing illegal aliens. If any violation was found, the
                department was to notify the Department of Economic Opportunity (DEO) to take appropriate
                action under state law.
             Requires any executive agency to report any evidence found of a crime perpetuated by an
                illegal alien to the FDLE; and to take all appropriate action under state law, including the


6 See State of Florida, Office of the Governor, Executive Order No. 21-223, September 28, 2021,    https://www.flgov.com/wp-
content/uploads/2021/09/EO_21-223.pdf (last visited Mar. 21, 2023), and Executive Order No. 23-03, January 6, 2023,
https://www.flgov.com/wp-content/uploads/2023/01/EO-23-03.pdf (last visited Mar. 21, 2023).
7 “Illegal Aliens” are defined in section 11 of the order to have the same meaning as provided in 8 U.S.C. s. 1101(a)(3); excep t that the

order specified that lawful immigration status does not include parole under 8 U.S.C. s. 1182(d)(5).
8 Defined in the order to have the same meaning as under 6 U.S.C. s. 279(g)(2).
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                 imposition of fines or revocation of licenses, of any violation of law by a private contractor or
                 non-governmental organization involved in the resettlement of illegal aliens.9

         On January 6, 2023, the Governor issued Executive Order No. 23-03, Emergency Management –
         Illegal Migration. Based on findings of unprecedented interdictions, attempts of entry, and border patrol
         encounters, the Governor designated the migration of unauthorized aliens to Florida as likely to
         constitute a major disaster and designated the director of the Division of Emergency Management as
         the state coordinating officer for the disaster with direction to execute response, recovery, and
         mitigation plans necessary to cope with the emergency. The order also activates the Florida National
         Guard, as needed, to assist with the efforts. The order waives contracting policies and requirements,
         allows for expenditure of state funds through the Emergency Preparedness and Response Fund, and
         authorizes medical professionals, social workers, and counselors with good and valid licenses issued
         by other states to provide humanitarian aid services. 10

         Federal Immigration Law

         The federal government has broad power over immigration and alien status. 11 This power is enforced
         through an extensive set of rules governing alien admission, removal, and conditions for continued
         presence within the United States, including the INA.12 While the federal government’s authority over
         immigration is well established, the United States Supreme Court has recognized that not “every state
         enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted”
         by the federal government.13

         Human Smuggling

         It is estimated that there are 3 million illegal entries into the United States each year, over and above
         the amount of encounters that the Border Patrol has with border-crossers. Full-time professional
         criminals are facilitating the smuggling of immigrants across the border. Human smuggling is estimated
         to generate over $6.75 billion a year.14

         Federal law governs whether a person is legally authorized to enter or remain in this country and
         provides criminal penalties for illegally transporting a person into the country. Specifically, the law
         prohibits a person from:15
             Knowing that a person is an alien, bringing or attempting to bring to the United States in any
                 manner whatsoever such person at a place other than a designated port of entry or place other
                 than as designated by the Commissioner of Immigration and Naturalization, regardless of
                 whether such alien has received prior official authorization to come to, enter, or reside in the
                 United States and regardless of any future official action which may be taken with respect to
                 such alien.
             Knowing or in reckless disregard of the fact than an alien has come to, entered, or remains in
                 the United States in violation of law, conceals, harbors, or shields from detection, or attempts to
                 conceal, harbor, or shield from detection, such alien in any place, including any building or any
                 means of transportation.
             Encourages or induces an alien to come to, enter, or reside in the United States, knowing or in
                 reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of
                 law.


9 State of Florida, Office of the Governor, Executive Order No. 21-223, September 28, 2021,  https://www.flgov.com/wp-
content/uploads/2021/09/EO_21-223.pdf (last visited Mar. 21, 2023)
10 State of Florida, Office of the Governor, Executive Order No. 23-03, January 6, 2023, https://www.flgov.com/wp-

content/uploads/2023/01/EO-23-03.pdf (last visited Mar. 21, 2023).
11 Arizona v. United States, 567 U.S. 387 (2012).
12 8 U.S.C. s. 1108, et seq.
13 De Canas v. Bica, 424 U.S. 351, 355 (1976).
14 United Nations Office on Drugs and Crime, Transnational Organized Crime: Let’s put them out of business,

https://www.unodc.org/toc/en/crimes/migrant-smuggling.html (last visited Mar. 21, 2023).
15 8 U.S.C. s. 1324(a).
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                 Engages in any conspiracy to commit any of the preceding acts or aids or abets the commission
                  of any of the preceding acts.

         Before 2009, Florida did not specifically provide criminal penalties for transporting a person into the
         state who is illegally entering or remaining in the United States. In 2009, the Florida Legislature created
         criminal penalties for human smuggling.16 Current law makes it a third degree felony17 for a person to
         transport an individual into this state, when the person, who is doing the transporting, knows or should
         know that the person he or she is transporting is illegally entering the United States from another
         country.18

         A person who violates the prohibition against concealing, harboring, or shielding an alien is generally
         subject to up to five years imprisonment, but may punishment can be increased as follows:
             Up to 10 years imprisonment if the violation was done for the purpose of commercial advantage
                or private financial gain.
             Up to 20 years imprisonment if the violation causes seriously bodily injury to, or places in
                jeopardy, the life of any person.
             Death or life imprisonment if a violation results in the death of any person. 19

         However, the federal law provides an exception to the offense of concealing, harboring, or shielding an
         alien which allows a religious organization to invite, call, allow, or enable an alien who is present in the
         United States to perform the vocation of minister or missionary as a volunteer who is not compensated
         as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other
         basic living expenses, provided he or she has been a member of the denomination for at least one
         year.20

         Federal law also requires the Secretary of Homeland Security, in consultation with the Attorney General
         and the Secretary of State, to develop and implement an outreach program to educate the public about
         the penalties for unlawfully bringing in and harboring aliens.21

         Statewide Grand Jury Recommendations – Human Smuggling

         In June of 2022, a Statewide Grand Jury was impaneled at the request of Governor Desantis for the
         purpose of investigating the impact of illegal immigration on Florida. In its First Presentment filed in
         December of 2022, the Twenty-First Statewide Grand Jury concluded that the smuggling of illegal
         aliens not only endangers Floridians, but also generates huge sums of money for transnational criminal
         organizations which is used to further other criminal activities, including drug trafficking and human
         trafficking. The Grand Jury concluded that “[s]ince smuggling of illegal aliens into and within Florida
         involves multiple individuals, [transnational criminal organizations], and other criminals, the human
         smuggling statute must be revised.”22




16 Chapter 2009-160,   L.O.F.
17 A third degree felony is punishable by up to five years imprisonment
                                                                      and up to a $5,000 fine. Sections 775.082, 775.083, and
775.084, F.S.
18 S. 787.07, F.S.
19 8 U.S.C. §1324(a)(1)(A) and (B).
20 8 U.S.C. § 1324(a)(1)(C).
21 8 U.S.C. § 1324(e).
22 The Supreme Court of Florida, First Presentment of the Twenty-First Statewide Grand Jury (s. 787.07, F.S.),

https://supremecourt.flcourts.gov/News -Media/Statewide-Grand-Jury (last visited Mar. 21, 2023).
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         Cooperation with Federal Immigration Authorities

         In 2019, the Legislature passed federal immigration enforcement legislation. 23 The law requires a law
         enforcement agency24 to use its best efforts to support the enforcement of federal immigration law and
         applies to any official, representative, agent, or employee of an entity or agency when he or she is
         acting within the scope of his or her official duties or employment. Unless expressly required by federal
         law, a state entity, local government entity, or law enforcement agency, or any employee, agent, or
         representative of the entity or agency, may not prohibit or restrict a law enforcement agency from taking
         any of the following actions with respect to information regarding a person’s immigration status:
              Sending the information to or requesting, receiving, or reviewing the information from a federal
                 immigration agency for the purposes of ch. 908, F.S.
              Recording and maintaining the information for the purposes of ch. 908, F.S.
              Exchanging the information with a federal immigration agency or another state entity, local
                 governmental entity, or law enforcement agency for the purposes of ch. 908, F.S.
              Using the information to comply with an immigration detainer.
              Using the information to confirm the identity of a person who is detained by a law enforcement
                 agency.

         In specified criminal cases in which a detained offender is subject to an immigration detainer and
         transfer to the custody of the federal government, a sentencing judge must issue an order requiring the
         secure detention facility25 in which the defendant is to be confined to reduce his or her sentence by up
         to 12 days when the facility determines such a reduction will facilitate the seamless transfer of the
         defendant to federal custody. When a secure correctional facility receives verification from a federal
         immigration agency that a person subject to an immigration detainer is in the law enforcement agency’s
         custody, the agency may securely transport the person to a federal facility in Florida or to another point
         of transfer to federal custody outside the jurisdiction of the law enforcement agency. 26 Such a transfer
         may occur no earlier than within 12 days of the person’s release date. A law enforcement agency
         transferring an alien to a point of transfer outside of Florida must obtain judicial authorization before
         completing such a transfer.

         Section 908.104(5), F.S., provides an exception to the requirement that a law enforcement agency
         must provide a federal immigration agency with information regarding a detained person and applies
         when such a person is also a victim or witness to a criminal offense if the person timely and in good
         faith responds to the entity or agency’s request for information and cooperation in the investigation or
         prosecution of the offense. If any state entity, local governmental entity, or law enforcement agency,
         withholds information pursuant to this exception, it must document the victim’s or witness’s cooperation
         in the related investigative records and retain the records for at least 10 years for the purpose of audit,
         verification, or inspection by the Auditor General. A law enforcement agency may not detain an alien
         who is unlawfully present in the United States pursuant to an immigration detainer solely because the
         alien witnessed or reported a crime or was a victim of a crime. 27 Finally, the requirements of s. 908.104,
         F.S., do not apply when the alien who is unlawfully present is or has been a necess ary witness or
         victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter,
         assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in
         foreign labor contracting, blackmail, extortion, or witness tampering.28


23 Chapter 2019-102,   L.O.F. The law was challenged in City of South Miami v. DeSantis, 408 F.Supp.3d 1266 (S.D. Fla. Sept. 21,
2021). Three provisions were enjoined but severable from the remainder of the law. The case was appealed to the Eleventh Circ uit
Court of Appeals on October 20, 2021, and is now pending.
24 “Law enforcement agency” means an agency in this state charged with enforcement of state, county, municipal, or federal laws or

with managing custody of detained persons in this state and includes municipal police departments, sheriffs’ offices, state p olice
departments, state university and college police departments, county correctional agencies, and the Department of Corrections. S.
908.102(4), F.S.
25 “Secure detention facility” means a state correctional facility as defined in s. 944.02, F.S., or a county detention facilit y or municipal

detention facility as defined in s. 951.23, F.S.
26 S. 908.104(4), F.S.
27 S. 908.104(7), F.S.
28 S. 908.104(8), F.S.
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         Statewide Grand Jury Recommendations – Qualifying Victims

         In January 2023, the Twenty-First Statewide Grand Jury reviewed county compliance with s. 908.104,
         F.S., specifically the process by which inmates in some county jails seek to lift a detainer issued by
         U.S. Immigration and Customs Enforcement. The Grand Jury concluded that s. 908.104(8), F.S., is
         being intentionally and flagrantly abused, leading to the lifting of detainers contrary to the plain meaning
         of the statute and the statute’s intent. The Grand Jury further found that unproven claims of being a
         qualifying victim are being submitted and approved allowing county officials to disregard and lift federal
         detainers. To combat further abuse, the Grand Jury concluded that s. 908.104(8), F.S, must be deleted
         in its entirety and that s. 908.104(5), F.S., must be limited to crimes occurring in the United States and
         be time barred to five years prior to an alien’s claim for relief under the statute. The Grand Jury also
         found that persons seeking relief under the statute need to provide credible sworn supporting evidence
         of eligibility.29

         Florida RICO (Racketeer Influenced and Corrupt Organization) Act

         The Florida RICO (Racketeering Influenced and Corrupt Organization) Act 30 is the area of Florida law
         that governs the crime of “racketeering activity.” 31

         The RICO Act defines a “pattern of racketeering activity” to mean engaging in at least two incidents of
         racketeering conduct32 having the same or similar intents, results, accomplices, victims, or methods of
         commission or that otherwise are interrelated by distinguishing characteristics and are not isolated
         incidents.33

         The RICO Act provides that it is unlawful for any person: 34
             With criminal intent to receive any proceeds derived, directly or indirectly, from a pattern of
               racketeering activity or through the collection of an unlawful debt35 to use or invest, whether
               directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or
               use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in
               the establishment or operation of any enterprise.36
             Through a pattern of racketeering activity or through the collection of an unlawful debt, to
               acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real
               property.
             Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly,
               in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
             To conspire or endeavor to violate any of the previously-described activity.




29 The Supreme Court of Florida, Second Presentment of the Twenty -First Statewide Grand Jury (s. 908.104,            F.S.), https://efactssc-
public.flcourts.org/casedocuments/2022/796/2022-796_ miscdoc_375408_e99.pdf (last visited Mar. 21, 2023).
30 Ss. 895.01-895.06, F.S.
31 S. 895.02(8), F.S., defines “racketeering activity” to include crimes that are chargeable by petition, indictment, or information und er

the certain specified provisions of law, any conduct defined as “racketeering activity” in 18 U.S.C. § 1961, and any violatio n of Title
68, Florida Administrative Code, relating to the illegal sale, purchase, collection, harvest, capture, or possession of wild animal life,
freshwater aquatic life, or marine life, and related crimes.
32 At least one of such incidents of racketeering conduct must have occurred after October 1, 1977, and the last incident of

racketeering conduct must have occurred within five years after a prior incident. S. 895.02(7), F.S.
33 S. 895.02(7), F.S.
34 S. 895.03, F.S.
35 “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforc eable in

this state in whole or in part because the debt was incurred or contracted in violation of specified Florida laws (e.g., various gambling
offenses) as well as any gambling activity in violation of federal law or in the business of lending money at a rate usurious under state
or federal law. S. 895.02(12), F.S.
36 “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of

this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal
entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal gang as defined in s.
874.03, F.S., constitutes an enterprise. S. 895.02(5), F.S.
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          A person convicted of any of the illegal activities commits a first degree felony, 37 and may be subject to
          civil remedies including forfeiture to the state of all property, including money, if the property is intended
          for use in the course of, derived from, or realized through acts in violation of the Florida RICO Act. 38

          In Bowden v. State, the Florida Supreme Court considered the definition of “pattern of racketeering
          activity” in s. 895.02(7), F.S., construing the definition to not only require “similarity and interrelatedness
          of racketeering activities,” but also “proof that a continuity of a particular criminal activity exists.” 39 The
          court in Bowden reasoned that requiring continuity of criminal activity ensures that RICO prosecutions
          are of professional or career criminals and not individuals who have committed minor crimes. 40

          In cases where the defendant is charged under s. 895.03, F.S., Florida courts have analyzed the
          continuity requirement by turning to U.S. Supreme Court precedent.41 When considering the elements
          necessary to satisfy the pattern requirement42 of the federal RICO Act43 in H.J. Inc. v. Northwestern Bell
          Telephone Co., the U.S. Supreme Court held that the predicate offenses must amount to, or otherwise
          constitute a threat of, continuing racketeering activity in order to establish a pattern. 44 The Court
          described continuity as “both a closed- and open-ended concept, referring either to a closed period of
          repeated conduct, or to past conduct that by its nature projects into the future with a threat of
          repetition.”45

          Unauthorized Alien Transport Program

          The Unauthorized Alien Transport Program within the Division of Emergency Management (DEM)
          within the Executive Office of the Governor facilitates the transport of inspected unauthorized aliens
          within the United States, consistent with federal law. DEM is authorized to contract for services to
          implement the program. The program will expire on June 30, 2025. 46

          Federal Immigration Enforcement

          In 2019, the Legislature passed federal immigration enforcement legislation.47 The law ensures that
          state and local entities and law enforcement agencies cooperate with federal government officials to
          enforce, and not obstruct, immigration laws. In its most general and broad terms, the law prohibits
          sanctuary policies and requires law enforcement agencies to support the enforcement of federal
          immigration law.48 When local law enforcement agencies work with federal immigration officials, aliens
          who have committed serious crimes are more easily identified and removed.

          Specifically, the law allows a law enforcement agency49 to take the following actions with respect to
          information regarding a person’s immigration status:

37 S. 895.04,  F.S. A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082 and 775.083,
F.S.
38 S. 895.05(2), F.S.
39 Bowden v. State, 402 So. 2d 1173, 1174 (Fla. 1981).
40 Id.
41 See State v. Lucas, 600 So. 2d 1093, 1094 (Fla. 1992) (reasoning that the state sufficiently alleged a threat of criminal activity to

constitute open-ended continuity as described by federal precedent).
42 18 U.S.C. § 1962 discusses prohibited activities, which all require a pattern of racketeering activity or collection of an un lawful

debt.
43 The Racketeer Influenced and Corrupt Organizations Act is found in 18 U.S.C. §§1961-1968.
44 H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 240 (1989).
45 Id. at 241.
46 Ch. 2023-3, Laws of Fla.
47 Ch. 2019-102, L.O.F. The law was challenged in City of South Miami v. DeSantis, 408 F.Supp.3d 1266 (S.D. Fla. Sept. 21, 2021).

Three provisions were enjoined but severable from the remainder of the law. The case was appealed to the Eleventh Circuit Cou rt of
Appeals on October 20, 2021, and is now pending.
48 See ch. 908, F.S.
49 S. 908.102(4), F.S., defines a “law enforcement agency” to mean an agency in this state charged with enforcement of state, county,

municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departmen ts,
sheriffs’ offices, state police departments, state university and college police departments, county correctional agencies, and the
Department of Corrections.
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                 Sending the information to or requesting, receiving, or reviewing the information from a federal
                  immigration agency for purposes of ch. 908, F.S.
                 Recording and maintaining the information for purposes of ch. 908, F.S.
                 Exchanging the information with a federal immigration agency or another state entity, local
                  governmental entity, or law enforcement agency for purposes of ch. 908, F.S.
                 Using the information to comply with an immigration detainer.
                 Using the information to confirm the identity of a person who is detained by a law enforcement
                  agency.

         Domestic Security

         The mission of FDLE is to “promote public safety and strengthen domestic security by providing
         services in partnership with local, state, and federal criminal justice agencies to prevent, investigate,
         and solve crimes while protecting Florida’s citizens and visitors.” 50 FDLE’s Executive Director serves as
         the Chief of Domestic Security in Florida and oversees Office of Domestic Security. The office works
         with federal, state, and local officials to prepare for, prevent, protect, respond to, and recover from
         domestic security incidents within or affecting the state.51

         The three primary components of Florida’s domestic security governance structure include:52
             Regional domestic security task forces.
             Domestic security coordinating group.
             Domestic security oversight council.

         The regional domestic security task forces consist of local and multi-disciplinary representatives who
         collectively support the domestic security mission and provide the necessary link between the state and
         local communities. There are seven regional domestic security task forces located in Pensacola,
         Tallahassee, Jacksonville, Orlando, Tampa, Ft. Myers, and Miami. 53

         Regional domestic security task forces advise the FDLE and the Chief of Domestic Security on the
         development and implementation of a statewide strategy to address prevention, preparation, protection,
         response, and recovery efforts related to the state’s domestic security. The task forces also coordinate
         the resources of local, state, and federal to ensure that such efforts are not fragmented and
         duplicative.54

         The domestic security coordinating group (DSCG) provides the structure for federal, state, and local
         response to domestic security incidents. The DSCG is made up of representatives and subject matter
         experts from the regional domestic security task forces, designated urban areas, other key organization
         liaisons and private sector representatives who come together to address domestic security incidents. 55

         The domestic security oversight council was established in 2004 to provide direction, leadership, and
         recommendations to the Governor and the Legislature on domestic security. 56 The council’s
         membership is made up of voting and nonvoting members. Voting members include but are not limited
         to the Executive Director of the Division of Emergency Management, the Attorney General, and the
         Adjutant General of the Florida National Guard. Nonvoting membership includes but is not limited to,
         the Executive Director of the Department of Highway Safety and Motor Vehicles, a representative of the



50 Florida Department of Law Enforcement, FDLE Home,        About FDLE, available at https://www.fdle.state.fl.us/About-Us (last visited
Mar. 10, 2023).
51 S. 943.0311(1), F.S.
52 Florida Department of Law Enforcement, FDLE Home, Domestic Security, Domestic Security Organization, Organization¸

available at http://www.fdle.state.fl.us/Domestic-Security/Organization.asp x (last visited Mar.10, 2023).
53 Id.
54 S. 943.0312, F.S.
55 2021 Domestic Security Annual Report, Making Florida Safer, p. 3, available at https://www.fdle.state.fl.us/Domestic-

Security/Documents/2021DSAnnualReportFINAL.aspx (last visited Mar. 10, 2023).
56 Id.
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         United States Coast Guard, and a special agency in charge from an office of the Federal Bureau of
         Investigations within Florida.57

         The council duties include providing guidance to the regional domestic security task forces and the
         DSCG with respect to statewide policies and operational protocols that support domestic security
         efforts. The council must also review statewide or multiagency mobilizations and responses to major
         domestic security incidents and recommend suggestions for training, improvement of respons e efforts,
         or improvement of coordination within the state.58

         Employment Verification

         Under the Immigration Reform and Control Act of 1986 (IRCA), 59 it is illegal for any United States
         employer to knowingly:
             Hire, recruit, or refer for a fee an alien knowing he or she is unauthorized to work;
             Continue to employ an alien knowing he or she has become unauthorized; or
             Hire, recruit or refer for a fee, any person (citizen or alien) without following the record keeping
                requirements of the IRCA.60

         The employment verification process begins when an employee accepts an offer of employment. 61
         Between this point and the employee’s first day on the job, an employee must present documents that
         establish his or her identity and eligibility to work62 by completing Section 1 of the Form I-9, which
         requires the employee’s name, address, social security number (SSN), and citizenship status under
         penalty of perjury.63

         By the end of the third day on the job, the employer is required to complete Section 2, which states
         under penalty of perjury that certain employee-provided documents that establish the employee’s
         eligibility were reviewed.64 Most employers are not required to continue the verification of employment
         eligibility process beyond this step. However, for those who choose to use or are required to use E-
         Verify, the process continues.

         E-Verify Federal Law

         In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 65
         which, among other provisions, created various employment eligibility verification programs, including
         the Basic Pilot program, now referred to as E-Verify. E-Verify is an Internet-based system through
         which an employer can verify that a newly hired employee is authorized to work in the United States. E-
         Verify is administered by DHS in partnership with the Social Security Administration (SAA). It is free for
         employers to use and provides an automated link to Government records to help employers confirm the
         employment eligibility of new hires.66

         Originally, the program was available in five of the seven states that had the highest populations of
         unauthorized aliens and was initially authorized for only 4 years. However, Congress has consistently

57 S. 943.0313(1), F.S.
58 S. 943.0313(5), F.S.
59 Pub. L. No. 99-603, 100 Stat. 3359.
60 8 U.S.C. s. 1324a.
61 U.S. Citizenship and Immigration Services, Complete and Correct Form I-9, https://www.uscis.gov/i-9-central/complete-and-

correct-form-i-9 (last visited Mar. 11, 2023).
62 An employer may rely on a U.S. passport; resident alien card, alien registration card, or other document designated by the U. S.

Attorney General that contains a photograph and other personal identifying information, authorizes employment in the U.S., and is
tamper resistant. Alternatively, an employer may review a combination of documents that establish the individual’s identity, e.g., a
SSN, and a document that establishes the individual’s identity, e.g., a driver’s license.
63 See 8 C.F.R. § 274a.2(b)(1)(i)(A).
64 8 U.S.C. s. 1324a. See 8 C.F.R. § 274a.2(b)(1)(ii).
65 Pub. L. No. 104-208.
66 U.S. Citizenship and Immigration Services, How do I use E-Verify? https://www.e-

verify.gov/sites/default/files/everify/guides/E4en.pdf (last visited Mar. 21, 2023).
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         extended the program’s life. It expanded the program in 2004, making it available in all 50 states. In
         2008, the federal government began requiring any entity that maintained or applied for federal contracts
         to use E-Verify.67 As of December 31, 2022, there were 1,093,292 employers enrolled in the system
         with a usage rate of 16.51 percent and a total of 296,690 case checks for the calendar year. As of
         March 2023, Florida accounts for 81,511 employer accounts with 66,385 actively enrolled employers. 68

         To use the E-Verify system, an employer must open a “case” for the employee on the system and enter
         basic information from the employee’s Form I-9 (name, address, SSN) into the case.69 Then, the
         system checks the submitted information to records that are available to the DHS and SSA, and issues
         one of the following possible results to the employer:
             Employment Authorized - The employee’s information matched records available to the DHS
                 and/or SSA.
             E-Verify Needs More Time - This case was referred to the DHS for further verification.
             Tentative Nonconfirmation (Mismatch) - Information did not match records available to the
                 DHS and/or SSA. Additional action is required.
             Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but
                 more time is needed to determine a final case result.
             Close Case and Resubmit – The DHS or SSA requires that the employer to close the case
                 and create a new case for the employee. This result may be issued when the employee’s
                 United States passport, passport card, or driver’s license information is incorrect.
             Final Nonconfirmation - E-Verify cannot confirm the employee’s employment eligibility after
                 the employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS
                 closed the case without confirming the employee’s employment eligibility for som e other
                 reason.70

         If the result is Tentative Nonconfirmation, then the employer must notify the employee, who must take
         further action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in
         Continuance, then the E-Verify system needs more time to process the case.71

         E-Verify Defenses for Employers

         According to federal law, an employer using the I-9 Form, establishing good faith compliance with the
         law, has established an affirmative defense that the person or entity has not violated the federal law
         with respect to such hiring, recruiting, or referring.72

         An employer taking the additional steps to use the E-Verify system to verify employment eligibility may
         establish a rebuttable presumption that the person or entity has not violated the federal law with respect
         to such hiring, recruiting, or referring.73

         The IRCA provides sanctions to be imposed on employers who knowingly employ aliens who are not
         authorized to work.74 Federal law contains no criminal sanction for working without authorization,



67 E-Verify, History and Milestones, https://www.e-verify.gov/about-e-verify/history-and-milestones (last visited Mar. 21, 2023).
68 E-Verify, E-Verify Usage Statistics, click “Show the Data Table” for a download csv, https://www.e-verify.gov/about-e-verify/e-
verify-data/e-verify-usage-statistics and How To Find Participating Employers, https://www.e-verify.gov/about-e-verify/e-verify-
data/how-to-find-participating-employers?hiringstates[]=11&field_account_status_value=All&items_per_page=10 (last visited Mar.
21, 2023).
69 E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-process (last

visited Mar. 21, 2023). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding that provides the
terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of Understanding for Employers,
https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerify Emp loyer.pdf (last visited Mar. 21, 2023).
70 Id.
71 Id.
72 8 U.S.C. s. 1324a(a)(3).
73 8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation .
74 8 U.S.C. s. 1324a(a)(1)-(2).
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         although document fraud is a civil violation.75 The United States Citizenship and Immigration Services
         (USCIS) enforces these provisions.76

         E-Verify Results in 2022

         In 2022, E-Verify processed 48,042,413 cases, 98.43 percent of which were automatically confirmed as
         “work authorized.” Another 1.61 percent were confirmed after an initial “mismatch” and of these 1.54
         percent were ultimately found to be not work authorized. 77

         In the remaining 1.54 percent of cases, the employees were not found to be authorized to work in the
         United States. The majority of these were cases that were not resolved by the end of 2019 for various
         reasons, including because the case was awaiting further action by either the employer or employee at
         the end of the fiscal year or because the employer closed the case as “self-terminated.”78

         E-Verify Operational Disturbances

         During the January 2019 partial federal government shut down, the E-Verify system was unavailable.
         As a result, employers were unable to enroll in E-Verify, contact customer support representatives,
         create an E-Verify case, or view or take action on a case, among other functions.79 The DHS issued
         guidance that extended the 3-day rule to permit employers additional time to submit new employee
         information to E-Verify and gave employees additional time to resolve a case. 80

         E-Verify Florida Law

         Since January 1, 2021, in Florida, all public employers and their contractors and subcontractors have
         been required to register and use E-Verify to verify the work authorization status of all newly hired
         employees.81 Subcontractors must provide an affidavit to their contractor stating that they do not
         employ, contract with, or subcontract with unauthorized aliens. The contractor must keep a copy of
         such affidavit for the duration of the contract.82

         Since January 1, 2021, in Florida, private employers have been required to use the I-9 Form or E-Verify
         or a substantially equivalent system to verify that new hires or retained contract employees are
         authorized to work in the United States.83 If the employer uses the I-9 system, the employer must retain
         a copy of the documentation for at least 3 years after the individual’s initial date of employment. 84 The



75 8 U.S.C.  s. 1324c.
76 8 U.S.C.  s. 1324a.
77 E-Verify, E-Verify Performance, https://www.e-verify.gov/about-e-verify/e-verify-data/e-verify-performance (last visited

Mar. 21, 2023).
78 Id.
79 National Law Review, When the Government Shuts Down: The Impact on E-Verify, I-9’s, and Visas, January 25, 2019,

https://www.natlawreview.com/article/when-government-shuts-down-impact-e-verify-i-9-s-and-visas (last visited Mar. 21, 2023).
80 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, E-Verify Resumes Operation,

January 27, 2019, https://www.e-verify.gov/e-verify-resumes-operation (last visited Mar. 21, 2023). Due to the lapse in federal
funding, the E-Verify system was not in operation from December 22, 2018, to January 26, 2019. E-Verify restarted on Sunday,
January 27, 2019. Department of Homeland Security, U.S. Citizenship and Immigration Services, January 2019, E-Verify Incidents,
April 23, 2019, https://www.e-verify.gov/about-e-verify/e-verify-data/e-verify-enhancements/january-2019 (last visited Mar. 21,
2023).
81 S. 448.095(2), F.S. This section was enacted in 2020. Previously, pursuant to Executive Order 11-116, state agencies under the

direction of the Governor were required to use E-Verify for all newly hired employees. The order also required an agency to include a
provision in contracts to require a contractor (and any subcontractors) to use E-Verify for all new hires for the duration of the contract.
State of Florida, Office of the Governor, Executive Order No. 11-116, May 27, 2011,
http://edocs.dlis.state.fl.us/fldocs/governor/orders/2011/11-116-suspend.pdf (last visited Mar. 21, 2023).
82 S. 448.095(2)(b), F.S.
83 S. 448.095(3), F.S., provides that a private employer does not include a public employer, an employee leasing company that has a

written agreement or understanding with its client company that places the primary obligat ion for compliance with this section upon
the client company; or an occupant or owner of a private residence that hires casual labor or a licensed independent contract or.
84 S. 448.095(3), F.S.
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          law applies to all private employers and does not appear to specify application based on a minimum
          amount of employees.

          A private employer that complies with the law may not be held civilly or criminally liable under state law
          for hiring, continuing to employ, or refusing to hire an unauthorized alien if the information obtained
          indicated that the individual’s work authorization status was not that of an unauthorized alien. Further,
          using either the I-9 Form or E-Verify creates a rebuttable presumption that the private employer did not
          knowingly employ an unauthorized alien.85

          A person may not knowingly employ, hire, recruit, or refer an alien for private or public employment
          within the state if the alien is not authorized to work under “the immigration laws” or by the United
          States Attorney General.86 A first offense of this prohibition is a noncriminal violation punishable by a
          fine of up to $500, regardless of the number of aliens with respect to which the violation occurred; each
          subsequent offense is a second degree misdemeanor, punishable by up to 60 days in jail and a fine not
          to exceed $500, with each unauthorized alien employed as a separate violation. 87

          The FDLE, the Attorney General, a state attorney, or the statewide prosecutor is authorized to request
          documentation from a private employer used to verify an individual’s employment eligibility. Ultimately,
          the federal government’s determination of verification of an individual’s employment status stands and
          one of the authorized state agencies may not make an independent determination as to whether a
          person is an unauthorized alien.88

          A private employer that does not use the I-9 Form or E-Verify, or does not maintain the I-9 Form
          documentation for three years, will be required by the DEO to provide an affidavit stating that the
          private employer will comply with the law, has terminated the employment of all unauthorized aliens in
          this state, and will not intentionally or knowingly employ an unauthorized alien in this state. 89

          If the private employer does not provide the required affidavit within 30 days after the request by the
          DEO, the appropriate licensing agency90 must suspend all applicable licenses held by the private
          employer until the private employer provides the DEO with the required affidavit. If a private employer
          does not provide the required affidavit within the required time period three times within any 36-month
          period, then the appropriate licensing agency must revoke all applicable licenses held by the private
          employer. The licenses subject to suspension or revocation are:
                All licenses that are held by the private employer specific to the business location where the
                   unauthorized alien performed work.
                If the private employer does not hold a license specific to the business location where the
                   unauthorized alien performed work, but a license is necessary to operate the private employer’s
                   business in general, then the provision applies to all licenses that are held by the private
                   employer at the private employer’s primary place of business. 91

          E-Verify in Other States

          Currently, 22 states require the use of E-Verify for at least some public and/or private employers. These
          states include Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan,
          Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina,
          Tennessee, Texas, Utah, Virginia and West Virginia.92


85 Id.
86 S. 448.09(1), F.S.
87 S. 448.09(2), F.S. See ss. 775.082 and 775.083, F.S.
88 S. 448.095(3), F.S.
89 Id.
90 The term “agency” means any agency, department, board, or commission of this state or a county or municipality in this state that

issues a license to operate a business in this state.
91 Id.
92 National Conference of State Legislatures, State E-Verify Action, https://www.ncsl.org/immigration/state-e-verify-action (last

visited Mar. 21, 2023).
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         The following states require private employers, as well as public employers and their contractors and
         subcontractors, to use E-Verify: North Carolina;93 Mississippi;94 Georgia;95 Arizona;96 Alabama;97
         Utah;98 and South Carolina.99

         The following states require only public employers and their contractors to use E-Verify: Indiana;100
         Nebraska;101 Missouri;102 Colorado;103 Oklahoma;104 Texas;105 and Virginia.106

         Some states’ approaches do not fall squarely into the above categories. For example, Tennessee
         requires only private employers that have 50 or more employees to use E-Verify.107 Pennsylvania
         requires public contractors and private construction employers to use E-Verify.108 In Michigan, only
         contractors of the Michigan Department of Transportation must use E-Verify.109 Finally, West Virginia
         requires contractors whose employees work on the Capitol grounds to use E-Verify.110

         County and Municipal Community ID Cards

         Article VIII of the Florida Constitution establishes the authority for home rule by counties and
         municipalities. Pursuant to general or special law, a county government may be adopted by charter
         approved by the county voters.111 A county without a charter has such powers of self-government as
         provided by general112 or special law.113 A county with a charter has all powers of self-government not
         inconsistent with general law or special law approved by the county voters. 114 The Florida Constitution




93 N.C.G.S.   § 160A-169.1 (municipalities); 153A-99.1 (counties); 143-48.5, 143-133.3 (public contractors); 64-26 (private employers
that have more than 25 employees); 126-7.1 (state agencies).
94 Miss. Code § 71-11-3.
95 Ga. Code § 13-10-91 (public employers and contractors); 36-60-6 (private employers that have more than 10 employees).
96 Ariz. Rev. Stat. § 41-4401 (public contractors); 23-214 (private and public employers).
97 Ala. Code § 31-13-15.
98 Utah Code § 63G-12-301 (private employers having 15 or more employees, unless the employee has a guest worker permit), 63G-

12-302 (public employers and contractors). Under both statutes, the employers may use E-Verify or another federal verification
program.
99 S.C. Code § 41-8-20 (private employers); 8-14-20 (public employers and contractors).
100 Ind. Code § 22-5-1.7-11.1.
101 Nev. Rev. St. § 4-114.
102 Miss. Stat. § 285.530.
103 Colo. Rev. Stat. § 8-17.5-102.
104 25 Okl. St. § 1313 (public employers and contractors must use E-Verify or another federal verification program).
105 Tex. Nat. Res. Code § 81.072 (public contractors); Tex. Gov. Code § 673.002 (state agencies)
106 Va. Code § 40.1-11.2 (state agencies), 2.2-4308.2 (public contractors).
107 Tenn. Code § 50-1-703.
108 43 Penn. Stat. § 167.3 (public contractors); 43 Penn. Stat. §168.3 (private construction employers).
109 Act 200, Public Acts of 2012, Sec. 381.
110 W. Va. Code, § 15-2D-3.
111 S. 125.60, F.S.
112 Ch. 125, Part I, F.S.
113 Art. VIII, s. 1(f), FLA. CONST .
114 Art. VIII, s. 1(g), FLA. CONST .
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         provides unique authorization115 for specific home rule charters including those of Duval 116 and Miami-
         Dade Counties.117 Currently, 20 Florida counties have adopted charters. 118

         Municipalities have all governmental, corporate, and proprietary powers necessary to conduct
         municipal government, functions, and services, and may exercise any power for municipal purposes 119
         except as otherwise provided by general law.120

         Counties and municipalities are authorized to set and control their respective budgets subject to
         general law.121 For example, all county and municipal budgets must be balanced. 122

         A county commissioner voting to approve paying an illegal charge or claim not authorized by law is
         guilty of malfeasance123 and is subject to suspension by the Governor.124 A clerk of the court serving as
         county auditor125 who willfully or knowingly signs a warrant to pay an illegal charge is personally liable
         for the entire amount of such payment.126 An elected or appointed municipal official who commits
         malfeasance or misfeasance in office also is subject to gubernatorial suspension. 127

         Recently, certain private organizations, like the FaithAction International House, in conjunction with
         local communities, have been issuing community IDs, with the goal of providing ID cards to individuals
         who may not currently have access to government issued forms of ID, including new immigrants and
         refugees, homeless and elderly individuals, and those recently returning from jail. According the
         FaithAction International House webpage, “The FaithAction ID provides card holders with a verifiable
         form of identification that can be used as a tool by law enforcement, health centers, schools, nonprofits,
         businesses, and cultural arts organizations to better identify, serve, and protect them.” 128 FaithAction
         International House provides that ID card is not a state issued form of identification, which is noted on
         the back of the card; therefore it cannot be used to vote, does not entitle the cardholder to any social
         welfare benefits; does not have any impact on an individual’s immigration status. Individuals may pay a


115 Article VIII, s. 6(e), FLA. CONST ., incorporating by reference ss. 9, 10, 11, 24 from article VIII of the 1885 Constitution, states that

these specific provisions respectively for Duval, Miami-Dade, Monroe, and Hillsborough Counties “shall remain in full force and
effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule
plan pursuant to this article.”
116 The consolidated government of the City of Jacksonville was created by ch. 67-1320, Laws of Florida, adopted pursuant to Art.

VIII, s. 9, FLA. CONST . (1885).
117 In 1956, an amendment to the 1885 Florida Constitution provided Dade County with the authority to adopt, revise, and amend from

time to time a home rule charter government for the county. The voters of Dade County approved that charter on May 21, 1957. Dade
County, now known as Miami-Dade County, has unique home rule status. Article VIII, s. 11(5) of the 1885 State Constitution, now
incorporated by reference in art. VIII, s. 6(e), Fla. Const. (1968), further provided the Metropolitan Dade County Home Rule Charter,
and any subsequent ordinances enacted pursuant to the charter, may conflict with, modify, or nullify any existing local, special, or
general law applicable only to Dade County. Accordingly, Miami-Dade County ordinances enacted pursuant to the Charter may
implicitly, as well as expressly, amend or repeal a special act that conflicts with a Miami-Dade County ordinance. Effectively, the
Miami Dade Charter can only be altered through constitutional amendment, general law, or County actions approved by referendu m.
Chase v. Cowart, 102 So. 2d 147, 149-50 (Fla. 1958).
118 Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval (consolidated government with the City of Jacksonville, ch. 67-

1320, Laws of Fla.), Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole,
Volusia, and Wakulla Counties. The Local Government Formation Manual, Appendix C, p. 106, 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 March 17, 2023).
119 S. 166.021(2), F.S., which defines “municipal purpose” as “any activity or power which may be exercised by the state or its

political subdivisions.”
120 Art. VIII, s. 2(b), FLA. CONST .
121 See ss. 129.01, 129.02, F.S. for counties, s. 166.241, F.S., for municipalities.
122 Ss. 129.01(2)(b), 166.241(2), F.S.
123 S. 129.08, F.S.
124 Art. IV, s. 7, FLA. CONST .
125 Art. VIII, s. 1(d), FLA. CONST .
126 S. 129.09, F.S.
127 S. 112.51, F.S.
128 FaithAction International House, FaithAction ID Program and Network , https://faithaction.org/faithaction-id-program-and-

network/ (last visited Mar. 21, 2023).
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          small fee for the card, or the card may be issued for free, and must attend an ID drive event that
          provide an orientation on the benefits and limitations of the card. 129

          In Florida, several local governments have partnered with organizations to offer Community ID cards. In
          2019 the City of West Palm Beach passed a resolution authorizing the city to accept identification cards
          issued by People Engaged in Active Community Efforts, affiliated with Legal Aid in Palm Beach County.
          The city appropriated $40,000 to the program to issue identification cards to those without access to
          other forms of identification, including undocumented immigrants. Cards are issued under this program
          for a fee of $20.130

          On January 31, 2023, the Board of County Commissioners for Miami-Dade County adopted a plan to
          fund $200,000 to Branches, a non-profit tax preparation entity, to issue county identification cards to
          those without access to other forms of identification, including individuals who are homeless or who are
          undocumented immigrants.131

          Broward County approved a program for Legal Aid Service of Broward County to issue the Broward
          Community ID Card for a fee of $20. The card is provided to individuals who can present a particular
          form of current or expired identification132 and prove they are a Broward County resident with an
          address effective within the past three months. The program cautions that the card neither authorizes
          driving or entitlement to social welfare benefits nor affects the cardholder’s immigration status. 133

          The City of Aventura and other municipalities offer resident ID cards that are conditioned on
          presentation of a government-issued ID like a valid driver’s license or passport and proof of residency.
          Cardholders can access discounted rates at fishing piers, city-owned recreational facilities, reduced
          pricing on programs and activities, and free entrance to certain events. Cards may require a small fee
          or may be provided for free and require renewal annually or may be valid for up to three years,
          depending on the locality.134

          Driver Licenses

          Current law prohibits a person from driving any motor vehicle upon a Florida highway unless such
          person has a valid driver license issued under ch. 322, F.S.135 However, an individual is exempt from
          obtaining a Florida driver license if he or she is a nonresident who is: 136
              At least 16 years of age and possesses a valid noncommercial driver license issued to him or
                  her in his or her home state or country and operating a type of motor vehicle for which a Class E
                  driver license is required in this state.
              At least 18 years of age and possesses a valid noncommercial driver license issued to him or
                  her in his or her home state or country and operating a motor vehicle, other than a commercial
                  motor vehicle, in this state.

          Current law establishes requirements governing the issuance of driver licenses by DHSMV. 137 An
          applicant for a driver license or identification card is required to provide his or her SSN for the purpose

129 Id.
130 WPTV West Palm Beach, New IDs for undocumented immigrants in Palm Beach County, https://www.wptv.com/news/local-

news/immigrants-in-south-florida/new-ids-for-undocumented-immigrants-in-palm-beach-county (last visited Mar. 21, 2023).
131 Newsweek, Florida County to Issue IDs to Undocumented Immigrants Through Third Party, https://www.newsweek.com/florida-

county-issue-ids-undocumented-immigrants-through-third-party-1675585 (last visited Mar. 21, 2023).
132 Examples given include a passport, driver’s license, foreign national ID, consular or embassy ID, or military ID.
133 Legal Aid Service of Broward County, Broward Community ID, https://www.browardlegalaid.org/communityid/ (last visited

March 17, 2023).
134 City of Aventura, Aventura ID Card, https://www.cityofaventura.com/221/Aventura-ID-Card; City of Delray Beach, Residency

(Activities) Identification Cards, https://www.delraybeachfl.gov/government/city-departments/city-clerk/residency-identification-
cards; City of Sunny Isles Beach, Resident ID Card, https://www.sibfl.net/ccs/residentid/; The Villages, Resident ID Card
Information, https://districtgov.org/departments/Community-Service/idCards.aspx (last visited Mar. 21, 2023).
135 See s. 322.03, F.S.
136 S. 322.04(1)(c) and (d), F.S.
137 See s. 322.08, F.S.
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          of identification. This information is electronically verified with the federal SSA to confirm identity, as
          required by the Real ID Act of 2005. Applicants are required to provide proof of identity that is
          satisfactory to the DHSMV. The following documents constitute acceptable proof of identification:138
               A certified copy of a United States birth certificate;
               A valid, unexpired passport or passport card;
               A Certificate of Naturalization issued by the DHS;
               A valid, unexpired alien registration receipt card (green card);
               A Consular Report of Birth Abroad; and
               A valid, employment authorization card issued by the DHSMV.

          DHSMV is authorized to require an applicant for an original driver license to produce certain DHS or
          foreign documents to prove nonimmigrant classification for the sole purpose of establishing continuous
          lawful presence in the United States.139

          DHSMV is authorized to waive the Class E knowledge (written) and skills requirements if an applicant
          for an original driver license presents a valid driver license from another state, province of Canada, or
          the United States Armed Forces when applying for a Florida driver license of equal or lesser
          classification.140

          Driver License Compact and Reciprocity

          The Driver License Compact was created to provide uniformity among member jurisdictions when
          exchanging information with other members on convictions, records, licenses, withdrawals, and other
          data pertinent to the licensing process. Uniformity helps ease administrative costs and meets the
          underlying tenet of the agreement that each driver nationwide have only one driver license and one
          driver control record.

          DHSMV is authorized to enter into reciprocal driver license agreements with other jurisdictions within
          the United States and its territories and possessions and with foreign countries or political entities
          equivalent to Florida state government within a foreign country. 141 Generally, valid driver licenses
          issued by any state in the United States are valid when visiting another state. However, exceptions do
          exist for state-specific laws, such as required driving ages.142

          States Issuing Driver Licenses to Undocumented Immigrants

          States issue driver’s licenses under the constitutional authority of the 10th Amendment. In 2005,
          Congress enacted the Real ID Act, creating standards for state-issued driver’s licenses, including
          evidence of lawful status. Currently, 18 states and the District of Columbia have enacted laws to allow
          undocumented immigrants to obtain driver’s licenses. These states include, California, Colorado,
          Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico,
          New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington. The states issue a license
          (or a “driving privilege card”) if an applicant provides certain documentation, such as a foreign birth
          certificate, foreign passport, or consular card and evidence of current residency in the state. 143




138 S. 322.08(2)(c),   F.S.
139 S. 322.08(2)(c)8.,   F.S.
140 S. 322.12,F.S.
141 S. 322.02(4),F.S.
142 FindLaw, Driver’s Licenses FAQ, November 27, 2017, https://www.findlaw.com/traffic/drivers -license-vehicle-info/driver-s-

licenses-faq.html (last visited Mar. 21, 2023).
143 National Conference of State Legislatures, States Offering Driver’s Licenses to Immigrants, January 16, 2023,

https://www.ncsl.org/immigration/states -offering-drivers-licenses-to-immigrants (last visited Mar. 21, 2023).
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        Since 1993, beginning in the State of Washington, states have offered undocumented immigrants the
        ability to obtain a state driver license to encourage otherwise unlicensed drivers to pass driver license
        testing and obtain vehicle insurance.144

        Following the Real ID Act, noncompliant cards must have a recognizable feature on their face to
        distinguish the license from those issued to legal residents. Possession of a Real ID compliant driver
        license is not federally required for operating a motor vehicle. The DHS cautions against assuming that
        possession of a noncompliant card indicates that an individual is undocumented. Individuals may
        choose to obtain a noncompliant card for reasons unrelated to lawful presence in the United States. 145

        Admission to Practice Law

        In 2014 the Legislature authorized applicants to the Florida Bar who are unauthorized immigrants to be
        admitted to the Bar by the Florida Supreme Court if certain conditions are met. 146 The Legislature acted
        following an advisory opinion from the Florida Supreme Court that related to whether undocumented
        immigrants are eligible for admission to the Florida Bar.147 The Court held that federal law prohibits
        specified categories of aliens from obtaining certain public benefits, which includes a professional
        license that is provided by appropriated funds of a state. However, the federal law in question allows a
        state to provide such a benefit through the enactment of a state law that affirmatively provides for such
        eligibility.148

        Current law allows the Florida Supreme Court to admit an applicant for admission to the Florida Bar if
        such applicant has:149
            Been brought to the United States as a minor;
            Been present in the United States for more than 10 years;
            Received documented employment authorization from the U.S. Citizenship and Immigration
               Services;
            Been issued a SSN;
            Registered with the Selective Service System if required to do so under the federal Military
               Selective Service Act; and
            Otherwise fulfilled all requirements for admission to practice law in this state.

        Statewide DNA Database

        The Legislature established the Statewide DNA database (statewide database) in 1989, which is
        administered by the Florida Department of Law Enforcement (FDLE) and capable of classifying,
        matching, and storing analyses of DNA and other biological material and related data. 150 The statewide
        database contains DNA samples, including those:151
             Submitted by persons convicted of or arrested for felony offenses and specified misdemeanor
               offenses; and
             Necessary for identifying missing persons and unidentified human remains, including samples
               voluntarily contributed by relatives of missing persons.




144 Britannica ProCon, States (and DC) That Allow Undocumented Immigrants to Obtain Driver’s Licenses, November 14, 2022,

States (and DC) That Allow Undocumented Immigrants to Obtain Driver's Licenses - Immigration - ProCon.org (last visited Mar. 21,
2023).
145 Department of Homeland Security, Real ID Frequently Asked Questions for the Public, https://www.dhs.gov/archive/real-id-

public-faqs (last visited Mar. 21, 2023).
146 Chapter 2014-35, L.O.F.
147 Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida

Bar. No. SC11-2568 (Mar. 6, 2014).
148 8 U.S.C. s. 1621(d) (2012).
149 S. 454.021(3), F.S.
150 Ch. 89-335, Laws of Fla., codified in s. 943.325, F.S.
151 S. 943.325(3), F.S.
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         All accredited local government crime laboratories in Florida have access to the statewide database in
         accordance with rules and agreements established by FDLE. 152 Local laboratories can access the
         statewide database through the FBI’s Combined DNA Index System (CODIS),153 allowing for the
         storage and exchange of DNA records submitted by federal, state, and local forensic DNA
         laboratories.154

         The statewide database may contain DNA data obtained from the following types of biological
         samples:155
             Crime scene samples.
             Samples required by law to be obtained from qualifying offenders.
             Samples lawfully obtained during the course of a criminal investigation, including those from
                deceased victims or deceased suspects.
             Samples from unidentified human remains.
             Samples from persons reported missing.
             Samples voluntarily contributed by relatives of missing persons.
             Other samples approved by FDLE.

         A “qualifying offender” is defined as any person, including a juvenile or adult:156
              Who is:
                     o Committed to a county jail;
                     o Committed to or under the supervision of the Department of Corrections (DOC),
                         including a private correctional institution;
                     o Committed to or under the supervision of the Department of Juvenile Justice (DJJ); or
                     o Transferred to Florida under the Interstate Compact on Juveniles or the Interstate
                         Corrections Compact; and
              Who is:
                     o Convicted of any felony offense or attempted felony offense in Florida or a similar
                         offense in another jurisdiction;
                     o Convicted of a specified misdemeanor violation;157 or
                     o Arrested for any felony offense or attempted felony offense in Florida. 158

         A qualifying offender is required to submit a DNA sample for inclusion in the statewide database if he or
         she is:
             Arrested in Florida;
             Incarcerated in Florida; or
             On probation, community control, parole, conditional release, control release, or any other type
                 of court-ordered supervision in Florida.159

         An arrested offender is required to submit a DNA sample at the time he or she is booked into a jail,
         correctional facility, or juvenile facility. An incarcerated person and a juvenile in the custody of DJJ must
         submit a DNA sample at least 45 days before his or her presumptive release date. 160



152 S. 943.325(4),  F.S.
153 “CODIS”    means the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA
records submitted by federal, state, and local forensic DNA laboratories. S. 943.325(2)(b ), F.S.
154 S. 943.325(2), F.S.
155 S. 943.325(6), F.S.
156 S. 943.325(2)(g), F.S.
157 Including a misdemeanor violation of s. 784.048 (stalking), s. 810.14 (voyeurism), s. 847.013 (exposing minors to harmful mot ion

pictures, exhibitions, shows, presentations, or representations ), s. 847.0135 (owner or operator of computer service used for child
pornography violation), or s. 877.26 (observing or taping in dressing room), or an offense that was found, pursuant to s. 874.04, to
have been committed for the purpose of benefiting, pro moting, or furthering the interests of a criminal gang as defined in s. 874. 03.
See s. 943.325(2)(g)2.b., F.S.
158 S. 943.325(2)(g), F.S.
159 S. 943.325(7), F.S.
160 Id.
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          FDLE is required to retain all DNA samples submitted to the statewide database and such samples
          may be used for any lawful purpose.161 Because submission requirements have been expanded since
          the creation of the statewide database, an offender arrested or convicted before the enactment of the
          current requirements may not have submitted a DNA sample at the time of his or her initial booking.

          FDLE specifies database procedures to maintain compliance with national quality assurance standards
          to ensure that DNA records will be accepted into the National DNA Index System (NDIS). 162 Results of
          any DNA analysis must be entered into the statewide database and may only be released to criminal
          justice agencies. Otherwise, the information is confidential and exempt from state public records
          disclosure requirements under s. 119.07(1), F.S., and article I, s. 24(a), of the Florida Constitution.163

          The collection of samples from a person booked into a jail, correctional facility, or juvenile facility for a
          felony has been a phased-in process. The process started in January 2011 and was completed
          2020.164

          Heath Data

          In response to Executive Order No. 21-223, AHCA issued a corresponding data request to all Florida
          hospitals with an attached questionnaire.165 On August 18, 2022, AHCA reported the results of the data
          request finding that total costs attributed to illegal aliens were $312.92 million and that hospitals were
          paid for $103.49 million of those costs. The local funds expended for inpatient and outpatient services
          cost $700,000, while state and federal funds expended were $104.91 million and $5.30 million,
          respectively. The report also stated that 142 of 316 facilities indicated that charity care provided
          included illegal aliens.166 There is some indication that the reported data may be incomplete, however,
          as many health care facilities do not question patients about their immigration status and struggled to
          meet the data reporting requirement.167

          Hospitals

          Hospitals are regulated by the AHCA under ch. 395, F.S., and the general licensure provisions of part
          II, of ch. 408, F.S. Hospitals offer a range of health care services with beds for use beyond 24 hours by
          individuals requiring diagnosis, treatment, or care.168 Hospitals must make regularly available at least
          clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical
          care, or other definitive medical treatment.169

          AHCA must maintain an inventory of hospitals with an emergency department. 170 The inventory must
          list all services within the capability of each hospital, and such services must appear on the face of the
          hospital’s license. As of March 2, 2023, there were 323 licensed hospitals in the state.171

161 Id.
162 The DNA Index System is a national index of permissible DNA records input by federal, state and local participating criminal

justice agency forensic laboratories, FBI FAQ, https://www.fbi.gov/how-we-can-help-you/dna-fingerprint-act-of-2005-expungement-
policy/codis-and-ndis-fact-sheet (last visited Mar. 21, 2023).
163 S. 943.325(14), F.S.
164 S. 943.325(3)(b), F.S. and FDLE Long Range Program Plan, September 30, 2021, p. 12,

http://floridafiscalportal.state.fl.us/Document.aspx?ID=23192&DocType=PDF (last visited Mar. 21, 2023).
165 Agency for Health Care Administration, AHCA Data Request - EO 21-223,

https://ahca.myflorida.com/content/download/4724/file/AHCA_Data_Request -EO_21-223.pdf (last visited Mar. 21, 2023).
166 Agency for Health Care Administration, Cost of Services on the Health Care System, Executive Order 21 -223, Data for SFY 2020-

2021, August 18, 2022, https://ahca.myflorida.com/content/download/20792/file/Executive_Order_ 21 -223_Update_01302023.pdf
(last visited Mar. 21, 2023).
167 Hospitals unable to meet undocumented patient data demand from Gov. DeSantis, The Gainesville Sun, Javon L. Harris, June 9,

2022, https://www.gainesville.com/story/news/2022/06/09/florida-hospitals-unable-meet-immigration-data-demand-
desantis/7499186001/ (last visited Mar. 21, 2023).
168 S. 395.002(12), F.S.
169 Id.
170 S. 395.1041(2), F.S.
171 Agency for Health Care Administration, Florida Health Finder Report,

https://quality.healthfinder.fl.gov/facilitylocator/ListFacilities.aspx (last visited Mar. 21, 2023).
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         AHCA is authorized to adopt rules for the licensing and regulation of hospitals.172 Separate standards
         may be provided for general and specialty hospitals.173 The rules for general and specialty hospitals
         must include minimum standards to ensure:174
            A sufficient number of qualified types of personnel and occupational disciplines are on duty and
                available at all times to provide necessary and adequate patient care;
            Infection control, housekeeping, sanitary conditions, and medical record procedures are
                established and implemented to adequately protect patients;
            A comprehensive emergency management plan is prepared and updated annually;
            Licensed facilities are established, organized, and operated consistent with established
                standards and rules; and
            Licensed facility beds conform to minimum space, equipment, and furnishing standards.

         The minimum standards for hospital licensure are contained in Chapter 59A-3, F.A.C.

         The Emergency Medical Treatment and Labor Act

         In 1986, Congress enacted the Emergency Medical Treatment and Labor Act (EMTALA) to ensure
         public access to emergency services regardless of ability to pay. 175 Section 1867 of the Social Security
         Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to
         provide a medical screening examination when a request is made for examination or treatment for an
         emergency medical condition (EMC), including active labor, regardless of an individual’s ability to pay.
         Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is
         unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer
         should be implemented.176

         Impermissible Delays

         EMTALA prohibits a participating hospital from delaying providing the appropriate medical screening
         examination or treatment required for specified reasons. The act allows a hospital to follow “reasonable
         registration processes;” however, such registration processes “may not unduly discourage individuals
         from remaining for further evaluation.”177 Interpretive guidelines issued by the federal Centers for
         Medicare and Medicaid Services for these provisions state that “the registration process permitted in
         the dedicated [emergency department] typically consists of collecting demographic information,
         insurance information, whom to contact in an emergency and other relevant information.” 178

         Proposed Changes

         ID Cards

         The bill prohibits counties and municipalities from providing funding to any person, entity, or
         organization for the purpose of issuing an identification card or document to an individual who cannot
         provide proof of lawful presence in the United States. The bill does not prohibit counties or
         municipalities from accepting such identification produced by a third party for local governmental
         purposes.



172 See s. 395.1055, F.S.
173 S. 395.1055(2), F.S.
174 S. 395.1055(1), F.S.
175 See 42 U.S. Code § 1395dd.
176 Centers for Medicare and Medicaid Services, Emergency Medical Treatment & Labor Act (EMTALA),

https://www.cms.gov/regulations-and-guidance/legislation/emtala (last visited Mar. 21, 2023).
177 See 42 CFR s. 489.24(d)(4)(iv).
178 Centers for Medicare and Medicaid Services, State Operations Manual Appendix V – Interpretive Guidelines – Responsibilities of

Medicare Participating Hospitals in Emergency Cases, p. 56, https://www.cms.gov/Regulations -and-
Guidance/Guidance/Manuals/Downloads/som107ap_v_emerg.pdf (last visited Mar. 21, 2023).
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         Driver Licenses

         The bill provides that if a driver license is of a class of licenses issued by another state exclusively to
         undocumented immigrants who are unable to prove lawful presence in the United States when the
         license was issued, the driver license, or other permit purporting to authorize the holder to operate a
         motor vehicle on public roadways, is invalid in this state and does not authorize the holder to operate a
         motor vehicle in this state. Such classes of licenses include licenses that are issued exclusively to
         undocumented immigrants or licenses that are substantially the same as licenses issued to citizens,
         residents, or those lawfully present in the United States but have markings establishing that the license
         holder did not exercise the option of providing proof of lawful presence.

         The bill requires a law enforcement officer or other authorized representative of DHSMV who stops a
         person driving with such an invalid license to issue a citation to the driver for driving without a license in
         violation of s. 322.03, F.S., which provides that a person convicted of a violation of ch. 322, F.S., is
         guilty of a second degree misdemeanor, punishable by a fine of up to $500 or a term of imprisonment
         of up to 60 days.179

         In order to facilitate the enforcement of the new provision related to invalid licenses issued by other
         states to undocumented immigrants and to aid in providing notice to the public and visitors of these
         invalid licenses, the bill requires DHSMV to maintain on its website a list of out-of-state classes of driver
         licenses that are invalid in this state.

         The bill revises the circumstances under which certain nonresidents are exempt from obtaining a
         Florida driver license to specify that the nonresident’s license must not be invalid under the new
         provisions contained in s. 322.033, F.S., relating to proof of the licensee’s lawful presence in the United
         States.

         Health Data

         The bill requires any hospital that accepts Medicaid to include a question on its patient admission or
         registration forms, that may be answered by the patient or the patient’s representative, inquiring about
         whether the patient is a United States citizen, is lawfully present in the United States, or is not lawfully
         present in the United States. The question must be followed by a statement indicating that the
         response to the question will not affect patient care or result in a report of the patient’s immigration
         status to immigration authorities.

         The bill requires each hospital to provide a quarterly report to AHCA, within 30 days of the end of each
         quarter, detailing the number of admissions or emergency department visits by patients who responded
         to the required question. AHCA must, in turn, provide a report to the Governor and the Legislature by
         March 1 of each year compiling the data received from the hospitals. The annual report must describe
         the costs of uncompensated care provided to patients not lawfully in the country, the impact of
         uncompensated care on the cost or ability of hospitals to provide services to the public and on hospital
         funding needs, and other related information.

         AHCA is authorized to adopt rules specific to the format of the quarterly report and the format of the
         question that hospitals must include on their admission or registration forms. The bill specifies that the
         rules may not require disclosure of patient names or other personal identifying information to AHCA.

         Employment Prohibitions

         Effective July 1, 2024, the bill amends penalties for violation of laws prohibiting the employment of
         unauthorized aliens, as follows:
              If DEO finds or is notified by FDLE, the Attorney General, the state attorney in the circuit in
                 which the new employee works, or the statewide prosecutor that an employer employed an
                 unauthorized alien without verifying the employment eligibility of such person, then DEO must

179 See ss. 775.082   or 775.083, F.S.
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               enter an order making a determination of violation and require repayment of any economic
               development incentive as required in s. 288.061, F.S.
              For a first violation, DEO must place the employer on a one-year probation and require quarterly
               reporting to demonstrate compliance.
              Subsequent violations that take place within 24 months after a previous violation constitute
               grounds for the suspension or revocation of all licenses issued by a licensing agency subject to
               the administrative procedure act.

       DEO is required to take the following actions based on violations involving:
          One to 10 unauthorized aliens: suspension of all applicable licenses held by a private employer
             for up to 30 days by the respective agencies that issued them.
          Eleven to 50 unauthorized aliens: suspension of all applicable licenses held by a private
             employer for up to 60 days by the respective agencies that issued them.
          More than 50 unauthorized aliens: revocation of all applicable licenses held by a private
             employer by the respective agencies that issued them.

       The bill creates a third degree felony for an alien who is not duly authorized to work by the immigration
       laws of the United States, the Attorney General of the United States, or the United States Secretary of
       the Department of Homeland Security and who knowingly uses a false identification document or who
       fraudulently uses an identification document of another person for the purpose of obtaining
       employment.

       E-Verify

       The bill revises the E-Verify employment verification law as follows:
           Maintains the requirement that public employers use the E-Verify system.
           Beginning July 1, 2023, requires private employers with 25 or more employees to use the E-
               Verify system to verify employment eligibility of new employees instead of allowing the use of E-
               Verify or a Form I-9.
           Requires each employer required to use the E-Verify system to certify on its first return each
               calendar year to the tax service provider that it is in compliance when making contributions to or
               reimbursing the state's unemployment compensation or reemployment assistance system.
           Requires employers to use the Employment Eligibility Verification form (Form I-9) to verify
               employment eligibility if the E-Verify system is unavailable for 3 business days after the first day
               that the new employee begins working for pay and an employer cannot access the system to
               verify a new employee's employment eligibility.
                   o Provides that the unavailability of the E-Verify system does not bar the employer from
                       using the rebuttable presumption.
                   o Requires the employer to document the unavailability of the E-Verify system by retaining
                       a screenshot from each day which shows the employer's lack of access to the system, a
                       public announcement that the E-Verify system is not available, or any other
                       communication or notice recorded by the employer regarding the unavailability of the
                       system.
           Provides that an employee leasing company licensed under part XI of chapter 468, F.S., which
               enters into a written agreement or understanding with a client company which places the
               primary obligation for compliance with the E-Verify provisions upon the client company is not
               required to verify employment eligibility of any new employees of the client company.
                   o Provides that in the absence of a written agreement or understanding, the employee
                       leasing company is responsible for compliance with these provisions.
                   o Requires such employee leasing company to, at all times, remain an employer as
                       otherwise defined in federal laws or regulations.

       The bill revises the list of entities that are authorized to request copies of documentation relied upon by
       a private employer for verification of a person’s employment eligibility, to:
            Add DEO.
            Specify that the state attorney must be in the circuit in which the new employee works.

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        The bill clarifies the defenses for employers, as follows:
            An employer that complies with the E-Verify laws establishes an affirmative defense that the
                employer has not violated s. 448.09, F.S., which prohibits employment of unauthorized aliens,
                with respect to such employment.

        The bill provides the following compliance requirements:
            In addition to the requirements under s. 288.061(6), F.S., which require DEO to enforce E-Verify
                requirements for businesses applying for economic incentives, beginning on July 1, 2024, if
                DEO determines that an employer failed to use the E-Verify system to verify the employment
                eligibility of employees:
                     o DEO must notify the employer of the department's determination of noncompliance and
                          provide the employer with 30 days to cure the noncompliance.
                     o If an employer is determined to not have used the E-Verify system as required three
                          times in any 24-month period, the department must impose a fine of $1,000 per day until
                          the employer provides sufficient proof to the department that the noncompliance is
                          cured.
                     o Noncompliance constitutes grounds for the suspension of all licenses issued by a
                          licensing agency subject to the administrative procedure act until the noncompliance is
                          cured.
                     o Fines collected must be deposited into the State Economic Enhancement and
                          Development Trust Fund for use by the department for employer outreach and public
                          notice of the state's employment verification laws.

        The bill specifies that the requirements to use the E-Verify system do not apply in any federal fiscal
        year in which the system is not funded by the Federal Government.

        The bill also revises definitions as follows:
            Revises the definition of “employee” to:
                    o Address individuals filling permanent positions.
            Defines “public agency" as any office, department, agency, division, subdivision, political
                subdivision, board, bureau, commission, authority, district, public body, body politic, state,
                county, city, town, village, municipality, or any other separate unit of government created or
                established pursuant to law, and any other public or private agency, person, partnership,
                corporation, or business entity acting on behalf of any public agency.
            Revises the definition of “unauthorized alien” to reference individuals instead of persons.

        Admission to Practice Law

        The bill repeals the provisions that allow an applicant to the Florida Bar who is an unauthorized
        immigrant to be admitted to the Bar by the Florida Supreme Court if certain conditions are met. The bill
        specifies that such repeal does not affect the validity of any license to practice law issued pursuant to
        this provision before November 1, 2028.

        Human Smuggling

        The bill clarifies current prohibitions against human smuggling to specify that the law applies to persons
        who knowingly and willfully transport individuals into this state that the person reasonably should
        know has entered the United States in violation of law and has not been inspected by the United States
        Government since her or her unlawful entry.

        Under the bill, a violation for human smuggling remains a third degree felony. The bill strengthens
        penalties for human smuggling, making it a second degree felony180 in the following cases:
            Transporting a minor into the state in violation of the human smuggling provisions.
            Committing five or more separate offenses of human smuggling during a single episode.
            Committing subsequent violations with a prior conviction.

180 A second degree felony is punishable by up to 15 years imprisonment and a $10,000   fine. Ss. 775.082, 775.083, or 775.084, F.S.
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         The bill provides that proof that a person knowingly and willfully presented false identification or gave
         false information to a law enforcement officer who is conducting an investigation for a violation of these
         provisions gives rise to an inference that such person was aware that the transported, concealed,
         harbored, or shielded individual has entered the United States in violation of the law and had not been
         inspected by the Federal Government since his or her unlawful entry.

         The bill requires a person arrested for a human smuggling offense to be held in custody until brought
         before the court for admittance to pretrial release in accordance with ch. 903, F.S., which is the chapter
         of law governing bail.

         The bill adds the crime of human smuggling to the list of crimes that allow for prosecution under the
         RICO Act.

         Cooperation with Federal Immigration Authorities

         The bill adds to the actions a law enforcement agency may take regarding a person’s immigration
         status. Specifically, the bill allows a law enforcement agency to send relevant information obtained
         pursuant to enforcement of the E-Verify requirements to a federal immigration agency.181

         FDLE Domestic Security

         The bill adds immigration coordination and assistance with the Federal Government in the enforcement
         of federal immigration laws and response to immigration incidents that are within or affecting the state
         to FDLE’s duties with respect to domestic security.

         Domestic Security

         The bill amends FDLE’s domestic security statutes to provide the necessary authority for the
         department to coordinate with and provide assistance to the Federal Government in the enforcement of
         federal immigration laws, responses to immigration enforcement incidents within or affecting the s tate.

         Specifically, the bill:
             Revises Legislative findings to include immigration enforcement coordination and assistance to
                 the Federal Government in the enforcement of federal immigration laws, and responses to
                 immigration enforcement incidents within or affecting the state.
             Requires the Chief of Domestic Security of FDLE to ensure compliance with the E-Verify
                 requirements, by regularly coordinating random audits and notifying the DEO of any violations
                 found.
             Requires the regional domestic security task forces to:
                     o Cooperate with and provide assistance to the Federal Government in the enforcement of
                         federal immigration laws within or affecting Florida;
                     o Facilitate responses to immigration enforcement incidents within or affecting Florida;
                     o Establish training standards including curricula and materials related to effective
                         response to immigration enforcement incidents; and
                     o Work to ensure that hate-driven acts against ethnic groups that may have been targeted
                         as a result of immigration enforcement incidents within or affecting Florida are
                         appropriately investigated and responded to.
             Requires the domestic security oversight council to:
                     o Include the need of executive direction and leadership as it relates to immigration
                         enforcement incidents to the council’s legislative findings;



181 S. 908.102(1),F.S., defines “federal immigration agency” as the United States Department of Justice and the United States
Department of Homeland Security, a division within such an agency, including United States Immigration and Customs Enforcemen t
and United States Customs and Border Protection, any successor agen cy, and any other federal agency charged with the enforcement
of immigration law.
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                    o  Include in their guidance to the regional domestic security task forces and other
                       domestic security working groups recommendations to the Governor and the Legislature
                       regarding expenditure of funds and resources related to cooperating with and providing
                       assistance to the Federal Government in the enforcement of federal immigration laws.
              Include representatives from the DHS, ICE, and U.S. Customs and Border Protection as
               nonvoting members of the council.
              Specify immigration enforcement incidents and coordination with and providing assistance to
               the Federal Government in the enforcement of federal immigration laws are part of the council’s
               duties of oversight of the state’s domestic security efforts.

       Statewide DNA Database

       The bill expands the definition of a “qualifying offender” who is subject to having a DNA sample taken
       and submitted to the statewide database when the offender is a person:
           Who is:
                   o Committed to a county jail;
                   o Committed to or under the supervision of the Department of Corrections, including a
                      private correctional institution;
                   o Committed to or under the supervision of the Department of Juvenile Justice; or
                   o Transferred to Florida under the Interstate Compact on Juveniles or the Interstate
                      Corrections Compact; and
           Who is in the custody of a law enforcement agency and is subject to an immigration detainer
               issued by a federal immigration agency.

       The bill requires a person who becomes a qualifying offender solely because of the issuance of an
       immigration detainer by a federal immigration agency to submit a DNA sample, and the law
       enforcement agency to immediately take the DNA sample, when the law enforcement agency having
       custody of the offender receives the detainer. Additionally, the bill requires the agency to secure and
       transmit the sample to FDLE in a timely manner.

       Unauthorized Alien Transport Program Appropriation

       For the 2023-2024 fiscal year, the bill appropriates a nonrecurring sum of $12 million from the General
       Revenue Fund to the Division of Emergency Management within the Executive Office of the Governor
       for the Unauthorized Alien Transport Program.

       Effective Date

       The bill provides an effective date of July 1, 2023, except as otherwise expressly provided.

   B. SECTION DIRECTORY:
       Section 1.       Creates s. 125.0156, F.S., relating to restrictions on providing funds for identification
                        documents.

       Section 2.       Creates s. 166.246, F.S., relating to restrictions on providing funds for identification
                        documents.

       Section 3.       Creates s. 322.033, F.S., relating to unauthorized aliens; invalid out-of-state driver
                        licenses.

       Section 4.       Amends s. 322.04, F.S., relating to persons exempt from obtaining a driver license.

       Section 5.       Creates s. 395.3027, F.S., relating to patient immigration status data collection for
                        hospitals that accept Medicaid.

       Section 6.       Amends s. 448.09, F.S., relating to unauthorized aliens; employment prohibited.
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       Section 7      Amends s. 448.095, F.S., relating to private employer’s requirements of using the E-
                      Verify system.

       Section 8.     Amends s. 454.021, F.S., relating to the authority for an unauthorized immigrant to
                      obtain a license to practice law in this state.

       Section 9.     Provides applicability relating to the revision to s. 454.021, F.S.

       Section 10.    Amends s. 787.07, F.S., relating to human smuggling.

       Section 11:    Amends s. 895.02, F.S., relating to racketeering activity.

       Section 12.    Amends s. 908.104, F.S., relating to cooperation with federal immigration authorities.

       Section 13:    Amends s. 943.03, F.S., relating to the Department of Law Enforcement.

       Section 14:    Amends s. 943.03101, F.S., relating to counter-terrorism and immigration enforcement.

       Section 15:    Amends s. 943.0311, F.S., relating to Chief of Domestic Security; duties of FDLE with
                      respect to domestic security.

       Section 16:    Amends s. 943.0312, F.S., relating to regional domestic security task forces.

       Section 17:    Amends s. 943.0313, F.S., relating to Domestic Security Oversight Council.

       Section 18:    Amends s. 943.325, F.S., relating to DNA database.

       Section 19:    Amends s. 394.9082, F.S., conforming provisions relating to behavioral health managing
                      entities.

       Section 20:    Amends s. 409.996, F.S., conforming provisions relating to Duties of the Department of
                      Children and Families.

       Section 21.    Prohibits an appropriation to the Division of Emergency Management.

       Section 22.    Provides an effective date of July 1, 2023, except as otherwise provided.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           Indeterminate.

       2. Expenditures:
           For the 2023-2024 fiscal year, provides a $12 million nonrecurring appropriation to the Division of
           Emergency Management for the Unauthorized Alien Transport Program.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
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           Indeterminate. Local governments that administer a community ID card program may experience a
           reduction in expenditures resulting from being prohibited from funding such programs.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Businesses may have additional workload related to the employment verification requirements and may
       be subject to fines related to employment verification violations.

       Hospitals may be required to change their forms.

       The bill may reduce criminal conduct and related negative social and economic impacts.

   D. FISCAL COMMENTS:
       The bill may have an indeterminate fiscal impact on state agencies related to enforcement of the
       provisions in the bill.

                                               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:
       AHCA is authorized to adopt rules specific to the format of the quarterly report and the format of the
       question that hospitals must include on their admission or registration forms.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           PCS for HB 1617                                                                                      2023




    1                                         A bill to be entitled
    2              An act relating to immigration; creating ss. 125.0156
    3              and 166.246, F.S.; prohibiting counties and
    4              municipalities, respectively, from providing funds to
    5              any person, entity, or organization to issue
    6              identification documents to an individual who does not
    7              provide proof of lawful presence in the United States;
    8              creating s. 322.033, F.S.; specifying that certain
    9              driver licenses and permits issued by other states
10                 exclusively to unauthorized immigrants are not valid
11                 in this state; requiring law enforcement officers and
12                 authorized representatives of the Department of
13                 Highway Safety and Motor Vehicles to cite a person
14                 driving with a specified invalid license; requiring
15                 the department to maintain a list on its website of
16                 out-of-state classes of driver licenses that are
17                 invalid in this state; amending s. 322.04, F.S.;
18                 revising the circumstances under which certain persons
19                 are exempt from obtaining a driver license; creating
20                 s. 395.3027, F.S.; requiring certain hospitals to
21                 collect patient immigration status data information on
22                 admission or registration forms; requiring hospitals
23                 to submit quarterly reports to the Agency for Health
24                 Care Administration containing specified information;
25                 requiring the agency to submit an annual report to the

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        PCS for HB 1617                                                                                      2023




26              Governor and the Legislature containing specified
27              information; authorizing the agency to adopt rules;
28              prohibiting rules requiring the disclosure of certain
29              information; amending s. 448.09, F.S.; requiring the
30              Department of Economic Opportunity to enter a certain
31              order and require repayment of certain economic
32              development incentives if the department finds or is
33              notified that an employer has knowingly employed an
34              unauthorized alien without verifying the employment
35              eligibility of such person; deleting provisions
36              relating to a first violation of specified provisions;
37              providing penalties, including a probationary period
38              and suspension and revocation of all licenses of
39              employers; deleting criminal penalties for second and
40              subsequent violations of specified provisions;
41              deleting a provision providing construction; providing
42              criminal penalties for certain aliens who knowingly
43              use false identification documents or who fraudulently
44              use identification documents of another person for the
45              purpose of obtaining employment; making technical
46              changes; amending s. 448.095, F.S.; revising
47              definitions; requiring an employer to verify a new
48              employee's employment eligibility within 3 business
49              days after the first day the new employee begins
50              working for pay; requiring public agencies to use the

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        PCS for HB 1617                                                                                      2023




51              E-Verify system to verify a new employee's employment
52              eligibility; requiring private employers with a
53              certain number of employees to use the E-Verify system
54              to verify a new employee's employment eligibility,
55              beginning on a certain date; requiring employers to
56              certify use of the E-Verify system on unemployment
57              compensation or reemployment assistance system
58              returns; requiring employers to use a certain form if
59              the E-Verify system is unavailable; requiring
60              employers to retain specified documentation for a
61              certain number of years; prohibiting an employer from
62              continuing to employ an unauthorized alien after
63              obtaining knowledge that a person is or has become an
64              unauthorized alien; providing an exception;
65              authorizing specified persons or entities to request,
66              and requiring an employer to provide, copies of
67              specified documentation; creating a certain rebuttable
68              presumption that the employer has not violated
69              specified provisions with respect to the employment of
70              an unauthorized alien; establishing an affirmative
71              defense to an allegation that the employer has not
72              violated specified provisions with respect to the
73              employment of an unauthorized alien; requiring a
74              public agency to require in any contract that a
75              contractor or subcontractor register with and use the

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         PCS for HB 1617                                                                                      2023




 76              E-Verify system; prohibiting a public agency,
 77              contractor, or subcontractor from entering into a
 78              contract unless each party to the contract registers
 79              with and uses the E-Verify system; requiring the
 80              termination of certain contracts under specified
 81              conditions; authorizing a public agency, contractor,
 82              or subcontractor to file a cause of action to
 83              challenge a termination; specifying required
 84              departmental action to ensure compliance with
 85              specified provisions; requiring the department to
 86              impose fines against employers under certain
 87              circumstances; providing for the deposit of such
 88              fines; providing construction; conforming provisions
 89              to changes made by the act; amending s. 454.021, F.S.;
 90              deleting a provision authorizing an unauthorized
 91              immigrant to obtain a license to practice law in this
 92              state under certain circumstances; providing
 93              applicability; amending s. 787.07, F.S.; providing
 94              criminal penalties for persons who knowingly and
 95              willfully violate, or who reasonably should know and
 96              violate, certain provisions relating to the
 97              transporting into this state of individuals who
 98              entered the United States unlawfully and without
 99              inspection by the Federal Government; providing
100              criminal penalties for persons who transport minors

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         PCS for HB 1617                                                                                      2023




101              into this state in violation of certain provisions;
102              providing for enhanced criminal penalties; defining
103              the term "conviction"; providing circumstances that
104              give rise to a certain inference; requiring that
105              persons who violate certain provisions be held in
106              custody; making technical changes; amending s. 895.02,
107              F.S.; revising the definition of the term
108              "racketeering activity"; amending s. 908.104, F.S.;
109              specifying that a state entity, local governmental
110              entity, or law enforcement agency, or an employee, an
111              agent, or a representative of the entity or agency,
112              may not prohibit or in any way restrict a law
113              enforcement agency from sending the applicable
114              information obtained pursuant to certain provisions to
115              a federal immigration agency; amending s. 943.03,
116              F.S.; requiring the Department of Law Enforcement to
117              coordinate and direct the law enforcement, initial
118              emergency, and other initial responses in matters
119              dealing with the Federal Government in federal
120              immigration law enforcement and responses to
121              immigration enforcement incidents within or affecting
122              this state; amending s. 943.03101, F.S.; revising
123              legislative findings and determinations; amending s.
124              943.0311, F.S.; revising the required duties of the
125              Chief of Domestic Security; requiring the chief to

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         PCS for HB 1617                                                                                      2023




126              regularly coordinate random audits pursuant to
127              specified provisions and notify the Department of
128              Economic Opportunity of any violations; amending s.
129              943.0312, F.S.; revising legislative findings;
130              requiring that each task force cooperate with and
131              provide assistance to the Federal Government in the
132              enforcement of federal immigration laws within or
133              affecting this state in compliance with specified
134              provisions, in accordance with the state's domestic
135              security strategic goals and objectives; requiring the
136              Chief of Domestic Security to, in conjunction with
137              specified entities, identify appropriate equipment and
138              training needs, curricula, and materials related to
139              the effective response to immigration enforcement
140              incidents; requiring that each regional domestic
141              security task force, working in conjunction with
142              specified entities, work to ensure that hate-driven
143              acts against ethnic groups that may have been targeted
144              as a result of immigration enforcement incidents
145              within or affecting this state are appropriately
146              investigated and responded to; amending s. 943.0313,
147              F.S.; revising legislative findings; requiring the
148              Domestic Security Oversight Council to make
149              recommendations to the Governor and the Legislature
150              regarding the expenditure of funds and allocation of

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         PCS for HB 1617                                                                                      2023




151              resources related to cooperating with and providing
152              assistance to the Federal Government in the
153              enforcement of federal immigration laws; expanding the
154              list of persons whom the council may invite to attend
155              and participate in its meetings as ex officio,
156              nonvoting members; revising the duties of the council;
157              amending s. 943.325, F.S.; revising the definition of
158              the term "qualifying offender" to include certain
159              persons who are the subject of an immigration detainer
160              issued by a federal immigration agency; requiring
161              certain qualifying offenders to submit DNA samples at
162              a specified time; requiring law enforcement agencies
163              to immediately take DNA samples from certain
164              qualifying offenders under certain circumstances;
165              amending ss. 394.9082 and 409.996, F.S.; conforming
166              provisions to changes made by the act; providing an
167              appropriation; providing an effective date.
168
169      Be It Enacted by the Legislature of the State of Florida:
170
171              Section 1.         Section 125.0156, Florida Statutes, is created
172      to read:
173              125.0156          Restriction on providing funds for identification
174      documents.—A county may not provide funds to any person, entity,
175      or organization for the purpose of issuing an identification

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         PCS for HB 1617                                                                                      2023




176      card or document to an individual who does not provide proof of
177      lawful presence in the United States.
178              Section 2.         Section 166.246, Florida Statutes, is created
179      to read:
180              166.246        Restriction on providing funds for identification
181      documents.—A municipality may not provide funds to any person,
182      entity, or organization for the purpose of issuing an
183      identification card or document to an individual who does not
184      provide proof of lawful presence in the United States.
185              Section 3.         Section 322.033, Florida Statutes, is created
186      to read:
187              322.033        Unauthorized aliens; invalid out-of-state driver
188      licenses.—
189              (1)         If a driver license is of a class of licenses issued
190      by another state exclusively to undocumented immigrants who are
191      unable to prove lawful presence in the United States when the
192      licenses are issued, the driver license, or other permit
193      purporting to authorize the holder to operate a motor vehicle on
194      public roadways, is invalid in this state and does not authorize
195      the holder to operate a motor vehicle in this state. Such
196      classes of licenses include licenses that are issued exclusively
197      to undocumented immigrants or licenses that are substantially
198      the same as licenses issued to citizens, residents, or those
199      lawfully present in the United States but have markings
200      establishing that the license holder did not exercise the option

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         PCS for HB 1617                                                                                      2023




201      of providing proof of lawful presence.
202              (2)         A law enforcement officer or other authorized
203      representative of the department who stops a person driving with
204      an invalid license as described in subsection (1) and driving
205      without a valid license shall issue a citation to the driver for
206      driving without a license in violation of s. 322.03.
207              (3)         The department, to facilitate the enforcement of this
208      section and to aid in providing notice to the public and
209      visitors of invalid licenses, shall maintain on its website a
210      list of out-of-state classes of driver licenses that are invalid
211      in this state.
212              Section 4.         Section 322.04, Florida Statutes, is amended to
213      read:
214              322.04        Persons exempt from obtaining driver license. —
215              (1)         The following persons are exempt from obtaining a
216      driver license:
217              (a)         Any employee of the United States Government, while
218      operating a noncommercial motor vehicle owned by or leased to
219      the United States Government and being operated on official
220      business.
221              (b)         Any person while driving or operating any road
222      machine, farm tractor, or implement of husbandry temporarily
223      operated or moved on a highway.
224              (c)         A nonresident who is at least 16 years of age and who
225      has in his or her immediate possession a valid noncommercial

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         PCS for HB 1617                                                                                      2023




226      driver license issued to the nonresident in his or her home
227      state or country operating a motor vehicle of the type for which
228      a Class E driver license is required in this state, if the
229      nonresident's license is not invalid under s. 322.033 relating
230      to proof of the licensee's lawful presence in the United States .
231              (d)         A nonresident who is at least 18 years of age and who
232      has in his or her immediate possession a valid noncommercial
233      driver license issued to the nonresident in his or her home
234      state or country operating a motor vehicle, other than a
235      commercial motor vehicle, in this state, if the nonresident's
236      license is not invalid under s. 322.033 relating to proof of the
237      licensee's lawful presence in the United States.
238              (e)         Any person operating a golf cart, as defined in s.
239      320.01, which is operated in accordance with the provisions of
240      s. 316.212.
241              (2)         This section does not apply to any person to whom s.
242      322.031 applies.
243              (3)         Any person working for a firm under contract to the
244      United States Government whose residence is outside this state
245      and whose main point of employment is outside this state may
246      drive a noncommercial vehicle on the public roads of this state
247      for periods up to 60 days while in this state on temporary duty,
248      if the person has a valid driver license from the state of the
249      person's residence and if the license is not invalid under s.
250      322.033 relating to proof of the licensee's lawful presence in

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         PCS for HB 1617                                                                                      2023




251      the United States.
252              Section 5.           Section 395.3027, Florida Statutes, is created
253      to read:
254              395.3027           Patient immigration status data collection. —
255              (1)         Each hospital that accepts Medicaid must include a
256      provision on its patient admission or registration forms for the
257      patient or the patient's representative to state or indicate
258      whether the patient is a United States citizen or lawfully
259      present in the United States or is not lawfully present in the
260      United States. The inquiry must be followed by a statement that
261      the response will not affect patient care or result in a report
262      of the patient's immigration status to immigration authorities.
263              (2)         Each hospital must submit a quarterly report to the
264      agency within 30 days after the end of each calendar quarter
265      which reports the number of hospital admissions or emergency
266      department visits within the previous quarter which were made by
267      a patient who indicated that he or she was a citizen of the
268      United States or lawfully present in the United States, was not
269      lawfully present in the United States, or declined to answer.
270              (3)         By March 1 of each year, the agency shall submit a
271      report to the Governor, the President of the Senate, and the
272      Speaker of the House of Representatives which includes the total
273      number of hospital admissions and emergency department visits
274      for the previous calendar year for which the patient or
275      patient's representative reported that the patient was a citizen

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         PCS for HB 1617                                                                                      2023




276      of the United States or lawfully present in the United States,
277      was not lawfully present in the United States, or declined to
278      answer. The report must also describe information relating to
279      the costs of uncompensated care for aliens who are not lawfully
280      present in the United States, the impact of uncompensated care
281      on the cost or ability of hospitals to provide services to the
282      public, hospital funding needs, and other related information.
283              (4)         The agency may adopt rules relating to the format and
284      information to be contained in quarterly reports and the
285      acceptable formats for hospitals to use in requesting
286      information regarding a patient's immigration status on hospital
287      admission or registration forms. The rules may not require the
288      disclosure of patient names or any other personal identifying
289      information to the agency.
290              Section 6.         Effective July 1, 2024, section 448.09, Florida
291      Statutes, is amended to read:
292              448.09        Unauthorized aliens; employment prohibited. —
293              (1)         It is shall be unlawful for any person to knowingly to
294      employ, hire, recruit, or refer, either for herself or himself
295      or on behalf of another, for private or public employment within
296      this the state, an alien who is not duly authorized to work by
297      the immigration laws of the United States, or the Attorney
298      General of the United States, or the United States Secretary of
299      the Department of Homeland Security.
300              (2)         If the Department of Economic Opportunity finds or is

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         PCS for HB 1617                                                                                      2023




301      notified by an entity specified in s. 448.095(3)(a) that an
302      employer has knowingly employed an unauthorized alien without
303      verifying the employment eligibility of such person, the
304      department must enter an order pursuant to chapter 120 making
305      such determination and require repayment of any economic
306      development incentive pursuant to s. 288.061(6) The first
307      violation of subsection (1) shall be a noncriminal violation as
308      defined in s. 775.08(3) and, upon conviction, shall be
309      punishable as provided in s. 775.082(5) by a civil fine of not
310      more than $500, regardless of the number of aliens with respect
311      to whom the violation occurred.
312              (3)         For a violation of this section, the department shall
313      place the employer on probation for a 1-year period and require
314      that the employer report quarterly to the department to
315      demonstrate compliance with the requirements of subsection (1)
316      and s. 448.095.
317              (4)         Any violation of this section which takes place within
318      24 months after a previous violation constitutes grounds for the
319      suspension or revocation of all licenses issued by a licensing
320      agency subject to chapter 120. The department shall take the
321      following actions for a violation involving:
322              (a)         One to 10 unauthorized aliens, suspension of all
323      applicable licenses held by a private employer for up to 30 days
324      by the respective agencies that issued them.
325              (b)         Eleven to 50 unauthorized aliens, suspension of all

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         PCS for HB 1617                                                                                      2023




326      applicable licenses held by a private employer for up to 60 days
327      by the respective agencies that issued them.
328              (c)         More than 50 unauthorized aliens, revocation of all
329      applicable licenses held by a private employer by the respective
330      agencies that issued them Any person who has been previously
331      convicted for a violation of subsection (1) and who thereafter
332      violates subsection (1), shall be guilty of a misdemeanor of the
333      second degree, punishable as provided in s. 775.082 or s.
334      775.083. Any such subsequent violation of this section shall
335      constitute a separate offense with respect to each unauthorized
336      alien.
337              (5)         An alien who is not duly authorized to work by the
338      immigration laws of the United States, the Attorney General of
339      the United States, or the United States Secretary of the
340      Department of Homeland Security and who knowingly uses a false
341      identification document or who fraudulently uses an
342      identification document of another person for the purpose of
343      obtaining employment commits a felony of the third degree,
344      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
345              Section 7.         Effective upon becoming law, section 448.095,
346      Florida Statutes, is amended to read:
347              (Substantial rewording of section. See
348              s. 448.095, F.S., for present text.)
349              448.095        Employment eligibility.—
350              (1)         DEFINITIONS.—As used in this section, the term:

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         PCS for HB 1617                                                                                      2023




351              (a)         "Contractor" means a person or an entity that has
352      entered or is attempting to enter into a contract with a public
353      agency to provide labor, supplies, or services to such agency in
354      exchange for salary, wages, or other remuneration.
355              (b)         "Employee" means an individual filling a permanent
356      position who performs labor or services under the control or
357      direction of an employer that has the power or right to control
358      and direct the employee in the material details of how the work
359      is to be performed in exchange for salary, wages, or other
360      remuneration. An individual hired for casual labor, as defined
361      in s. 443.036, which is to be performed entirely within a
362      private residence is not an employee of an occupant or owner of
363      a private residence. An independent contractor, as defined in
364      federal laws or regulations, hired to perform a specified
365      portion of labor or services is not an employee.
366              (c)         "E-Verify system" means an Internet-based system
367      operated by the United States Department of Homeland Securit y
368      which allows participating employers to electronically verify
369      the employment eligibility of new employees.
370              (d)         "Public agency" means any office, department, agency,
371      division, subdivision, political subdivision, board, bureau,
372      commission, authority, district, public body, body politic,
373      state, county, city, town, village, municipality, or any other
374      separate unit of government created or established pursuant to
375      law, and any other public or private agency, person,

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         PCS for HB 1617                                                                                      2023




376      partnership, corporation, or business entity acting on behalf of
377      any public agency.
378              (e)         "Subcontractor" means a person or an entity that
379      provides labor, supplies, or services to or for a contractor or
380      another subcontractor in exchange for salary, wages, or other
381      remuneration.
382              (f)         "Unauthorized alien" means an individual who is not
383      authorized under federal law to be employed in the United
384      States, as described in 8 U.S.C. s. 1324a(h)(3). The term must
385      be interpreted consistently with that section and any applicable
386      federal rules or regulations.
387              (2)         EMPLOYMENT VERIFICATION.—
388              (a)         An employer shall verify each new employee's
389      employment eligibility within 3 business days after the first
390      day that the new employee begins working for pay as required
391      under 8 C.F.R. s. 274a.
392              (b)1.        A public agency shall use the E-Verify system to
393      verify a new employee's employment eligibility as required under
394      paragraph (a).
395              2.      Beginning on July 1, 2023, a private employer with 25
396      or more employees shall use the E-Verify system to verify a new
397      employee's employment eligibility as required under paragraph
398      (a).
399              3.      Each employer required to use the E-Verify system under
400      this paragraph must certify on its first return each calendar

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         PCS for HB 1617                                                                                      2023




401      year to the tax service provider that it is in compliance with
402      this section when making contributions to or reimbursing the
403      state's unemployment compensation or reemployment assistance
404      system. An employer that voluntarily uses the E-Verify system
405      may also make such a certification on its first return each
406      calendar year in order to document such use.
407              (c)         If the E-Verify system is unavailable for 3 business
408      days after the first day that the new employee begins working
409      for pay and an employer cannot access the system to verify a new
410      employee's employment eligibility, the employer must use the
411      Employment Eligibility Verification form (Form I-9) to verify
412      employment eligibility. The unavailability of the E -Verify
413      system does not bar the employer from using the rebuttable
414      presumption established in paragraph (4)(a). An employer must
415      document the unavailability of the E-Verify system by retaining
416      a screenshot from each day which shows the employer's lack of
417      access to the system, a public announcement that the E-Verify
418      system is not available, or any other communication or notice
419      recorded by the employer regarding the unavailability of the
420      system.
421              (d)         The employer must retain a copy of the documentation
422      provided and any official verification generated, if applicable,
423      for at least 3 years.
424              (e)         An employer may not continue to employ an unauthorized
425      alien after obtaining knowledge that a person is or has become

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         PCS for HB 1617                                                                                      2023




426      an unauthorized alien.
427              (f)         An employee leasing company licensed under part XI of
428      chapter 468 which enters into a written agreement or
429      understanding with a client company which places the primary
430      obligation for compliance with this section upon the client
431      company is not required to verify employment eligibility of any
432      new employees of the client company. In the absence of a written
433      agreement or understanding, the employee leasing company is
434      responsible for compliance with this section. Such employee
435      leasing company shall, at all times, remain an employer as
436      otherwise defined in federal laws or regulations.
437              (3)         ENFORCEMENT.—
438              (a)         For the purpose of enforcement of this section, any of
439      the following persons or entities may request, and an employer
440      must provide, copies of any documentation relied upon by the
441      employer for the verification of a new employee's employment
442      eligibility:
443              1.      The Department of Law Enforcement;
444              2.      The Attorney General;
445              3.      The state attorney in the circuit in which the new
446      employee works;
447              4.      The statewide prosecutor; or
448              5.      The Department of Economic Opportunity.
449              (b)         A person or an entity that makes a request under
450      paragraph (a) must rely upon the Federal Government t o verify an

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         PCS for HB 1617                                                                                      2023




451      employee's employment eligibility and may not independently make
452      a final determination as to whether an employee is an
453      unauthorized alien.
454              (4)         DEFENSES.—
455              (a)         An employer that uses the E-Verify system or, if that
456      system is unavailable, the Employment Eligibility Verification
457      form (Form I-9) as provided in paragraph (2)(c), with respect to
458      the employment of an unauthorized alien has established a
459      rebuttable presumption that the employer has not violated s.
460      448.09 with respect to such employment.
461              (b)         An employer that uses the same documentation that is
462      required by the United States Citizenship and Immigration
463      Services on its Employment Eligibility Verification form (Form
464      I-9) with respect to the employment of an unauthorized alien,
465      has established an affirmative defense that the employer has not
466      violated s. 448.09 with respect to such employment.
467              (5)         PUBLIC AGENCY CONTRACTING.—
468              (a)         A public agency must require in any contract that the
469      contractor, and any subcontractor thereof, register with and use
470      the E-Verify system to verify the work authorization status of
471      all new employees of the contractor or subcontractor. A public
472      agency or a contractor or subcontractor thereof may not enter
473      into a contract unless each party to the contract registers with
474      and uses the E-Verify system.
475              (b)         If a contractor enters into a contract with a

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         PCS for HB 1617                                                                                      2023




476      subcontractor, the subcontractor must provide the contractor
477      with an affidavit stating that the subcontractor does not
478      employ, contract with, or subcontract with an unauthorized
479      alien. The contractor shall maintain a copy of such affidavit
480      for the duration of the contract.
481              (c)1.        A public agency, contractor, or subcontractor who
482      has a good faith belief that a person or an entity with which it
483      is contracting has knowingly violated s. 448.09(1) shall
484      terminate the contract with the person or entity.
485              2.      A public agency that has a good faith belief that a
486      subcontractor knowingly violated this subsection, but the
487      contractor otherwise complied with this subsection, shall
488      promptly notify the contractor and order the contractor to
489      immediately terminate the contract with the subcontractor.
490              3.      A contract terminated under this paragraph is not a
491      breach of contract and may not be considered as such. If a
492      public agency terminates a contract with a contractor under this
493      paragraph, the contractor may not be awarded a public contract
494      for at least 1 year after the date on which the contract was
495      terminated. A contractor is liable for any additional costs
496      incurred by a public agency as a result of the termination of a
497      contract.
498              (d)         A public agency, contractor, or subcontractor may file
499      a cause of action with a circuit or county court to challenge a
500      termination under paragraph (c) no later than 20 calendar days

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         PCS for HB 1617                                                                                      2023




501      after the date on which the contract was terminated.
502              (6)         COMPLIANCE.—
503              (a) In addition to the requirements under s. 288.061(6),
504      beginning on July 1, 2024, if the Department of Economic
505      Opportunity determines that an employer failed to use the E-
506      Verify system to verify the employment eligibility of employees
507      as required under this section, the department must notify the
508      employer of the department’s determination of noncompliance and
509      provide the employer with 30 days to cure the noncompliance.
510              (b) If the Department of Economic Opportunity determines
511      that an employer failed to use the E-Verify system as required
512      under this section three times in any 24-month period, the
513      department must impose a fine of $1,000 per day until the
514      employer provides sufficient proof to the department tha t the
515      noncompliance is cured. Noncompliance constitutes grounds for
516      the suspension of all licenses issued by a licensing agency
517      subject to chapter 120 until the noncompliance is cured.
518              (c) Fines collected under this subsection must be deposited
519      into the State Economic Enhancement and Development Trust Fund
520      for use by the department for employer outreach and public
521      notice of the state’s employment verification laws.
522              (7)         CONSTRUCTION.—
523              (a)         This section must be enforced without regard to race,
524      color, or national origin and must be construed in a manner so
525      as to be fully consistent with any applicable federal laws or

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         PCS for HB 1617                                                                                      2023




526      regulations.
527              (b)         The requirements to use the E-Verify system under this
528      section do not apply in any federal fiscal year in which the
529      system is not funded by the Federal Government.
530              (c)         This section shall expire 60 days after the E -Verify
531      system is no longer a pilot program, and the Federal Government
532      requires the use of the E-Verify system by all employers in the
533      United States.
534              Section 8.         Effective November 1, 2028, subsection (3) of
535      section 454.021, Florida Statutes, is amended to read:
536              454.021         Attorneys; admission to practice law; Supreme
537      Court to govern and regulate.—
538              (3)         Upon certification by the Florida Board of Bar
539      Examiners that an applicant who is an unauthorized immigrant who
540      was brought to the United States as a minor; has been present in
541      the United States for more than 10 years; has received
542      documented employment authorization from the United States
543      Citizenship and Immigration Services (USCIS); has been issued a
544      social security number; if a male, has registered with the
545      Selective Service System if required to do so under the Military
546      Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
547      requirements for admission to practice law in this state, the
548      Supreme Court of Florida may admit that applicant as an attorney
549      at law authorized to practice in this state and may direct an
550      order be entered upon the court's records to that effect.

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         PCS for HB 1617                                                                                      2023




551              Section 9.         The repeal of s. 454.021(3), Florida Statutes,
552      by this act does not affect the validity of any license to
553      practice law issued pursuant to that subsection before November
554      1, 2028.
555              Section 10.            Section 787.07, Florida Statutes, is amended
556      to read:
557              787.07        Human smuggling.—
558              (1)         Except as provided in subsections (3), (4), and (5), a
559      person who knowingly and willfully transports into this state an
560      individual whom who the person knows, or reasonably should know,
561      has entered is illegally entering the United States in violation
562      of law and has not been inspected by the Federal Government
563      since his or her unlawful entry from another country commits a
564      felony of the third degree, punishable as provided in s.
565      775.082, s. 775.083, or s. 775.084.
566              (2)         A person commits a separate offense for each
567      individual he or she transports into this state in violation of
568      this section.
569              (3)         A person who transports a minor into this state in
570      violation of subsection (1) commits a felony of the second
571      degree, punishable as provided in s. 775.082, s. 775. 083, or s.
572      775.084.
573              (4)         A person who commits five or more separate offenses
574      under this section during a single episode commits a felony of
575      the second degree, punishable as provided in s. 775.082, s.

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         PCS for HB 1617                                                                                      2023




576      775.083, or s. 775.084.
577              (5)(a)        A person with a prior conviction under this section
578      who commits a subsequent violation of this section commits a
579      felony of the second degree, punishable as provided in s.
580      775.082, s. 775.083, or s. 775.084.
581              (b)         As used in paragraph (a), the term "conviction" means
582      a determination of guilt that is the result of a plea agreement
583      or a trial, regardless of whether adjudication is withheld or a
584      plea of nolo contendere is entered.
585              (6)         Proof that a person knowingly and willfully presented
586      false identification or gave false information to a law
587      enforcement officer who is conducting an investigation for a
588      violation of this section gives rise to an inference that such
589      person was aware that the individual had entered the United
590      States in violation of the law and had not been inspected by the
591      Federal Government since his or her unlawful entry.
592              (7)         A person who is arrested for a violation of this
593      section must be held in custody until brought before the court
594      for admittance to pretrial release in accordance with chapter
595      903.
596              Section 11.            Paragraph (a) of subsection (8) of section
597      895.02, Florida Statutes, is amended to read:
598              895.02        Definitions.—As used in ss. 895.01-895.08, the
599      term:
600              (8)         "Racketeering activity" means to commit, to attempt to

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         PCS for HB 1617                                                                                      2023




601      commit, to conspire to commit, or to solicit, coerce, or
602      intimidate another person to commit:
603              (a)         Any crime that is chargeable by petition, indictment,
604      or information under the following provisions of the Florida
605      Statutes:
606              1.      Section 210.18, relating to evasion of payment of
607      cigarette taxes.
608              2.      Section 316.1935, relating to fleeing or attempting to
609      elude a law enforcement officer and aggravated fleeing or
610      eluding.
611              3.      Chapter 379, relating to the illegal sale, purchase,
612      collection, harvest, capture, or possession of wild animal life,
613      freshwater aquatic life, or marine life, and related crimes.
614              4.      Section 403.727(3)(b), relating to environmental
615      control.
616              5.      Section 409.920 or s. 409.9201, relating to Medicaid
617      fraud.
618              6.      Section 414.39, relating to public assistance fraud.
619              7.      Section 440.105 or s. 440.106, relating to workers'
620      compensation.
621              8.      Section 443.071(4), relating to creation of a
622      fictitious employer scheme to commit reemployment assistance
623      fraud.
624              9.      Section 465.0161, relating to distribution of medicinal
625      drugs without a permit as an Internet pharmacy.

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         PCS for HB 1617                                                                                      2023




626              10.         Section 499.0051, relating to crimes involving
627      contraband, adulterated, or misbranded drugs.
628              11.         Part IV of chapter 501, relating to telemarketing.
629              12.         Chapter 517, relating to sale of securities and
630      investor protection.
631              13.         Section 550.235 or s. 550.3551, relating to dogracing
632      and horseracing.
633              14.         Chapter 550, relating to jai alai frontons.
634              15.         Section 551.109, relating to slot machine gaming.
635              16.         Chapter 552, relating to the manufacture,
636      distribution, and use of explosives.
637              17.         Chapter 560, relating to money transmitters, if the
638      violation is punishable as a felony.
639              18.         Chapter 562, relating to beverage law enforcement.
640              19.         Section 624.401, relating to transacting insurance
641      without a certificate of authority, s. 624.437(4)(c)1., relating
642      to operating an unauthorized multiple-employer welfare
643      arrangement, or s. 626.902(1)(b), relating to representing or
644      aiding an unauthorized insurer.
645              20.         Section 655.50, relating to reports of currency
646      transactions, when such violation is punishable as a felony.
647              21.         Chapter 687, relating to interest and usurious
648      practices.
649              22.         Section 721.08, s. 721.09, or s. 721.13, relating to
650      real estate timeshare plans.

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         PCS for HB 1617                                                                                      2023




651              23.         Section 775.13(5)(b), relating to registration of
652      persons found to have committed any offense for the purpose of
653      benefiting, promoting, or furthering the interests of a criminal
654      gang.
655              24.         Section 777.03, relating to commission of crimes by
656      accessories after the fact.
657              25.         Chapter 782, relating to homicide.
658              26.         Chapter 784, relating to assault and battery.
659              27.         Chapter 787, relating to kidnapping, human smuggling,
660      or human trafficking.
661              28.         Chapter 790, relating to weapons and firearms.
662              29.         Chapter 794, relating to sexual battery, but only if
663      such crime was committed with the intent to benefit, promote, or
664      further the interests of a criminal gang, or for the purpose of
665      increasing a criminal gang member's own standing or position
666      within a criminal gang.
667              30.         Former s. 796.03, former s. 796.035, s. 796.04 , s.
668      796.05, or s. 796.07, relating to prostitution.
669              31.         Chapter 806, relating to arson and criminal mischief.
670              32.         Chapter 810, relating to burglary and trespass.
671              33.         Chapter 812, relating to theft, robbery, and related
672      crimes.
673              34.         Chapter 815, relating to computer-related crimes.
674              35.         Chapter 817, relating to fraudulent practices, false
675      pretenses, fraud generally, credit card crimes, and patient

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         PCS for HB 1617                                                                                      2023




676      brokering.
677              36.         Chapter 825, relating to abuse, neglect, or
678      exploitation of an elderly person or disabled adult.
679              37.         Section 827.071, relating to commercial sexual
680      exploitation of children.
681              38.         Section 828.122, relating to fighting or baiting
682      animals.
683              39.         Chapter 831, relating to forgery and counterfeiting.
684              40.         Chapter 832, relating to issuance of worthless checks
685      and drafts.
686              41.         Section 836.05, relating to extortion.
687              42.         Chapter 837, relating to perjury.
688              43.         Chapter 838, relating to bribery and misuse of public
689      office.
690              44.         Chapter 843, relating to obstruction of justice.
691              45.         Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
692      s. 847.07, relating to obscene literature and profanity.
693              46.         Chapter 849, relating to gambling, lottery, gambling
694      or gaming devices, slot machines, or any of the provisions
695      within that chapter.
696              47.         Chapter 874, relating to criminal gangs.
697              48.         Chapter 893, relating to drug abuse prevention and
698      control.
699              49.         Chapter 896, relating to offenses related to financial
700      transactions.

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         PCS for HB 1617                                                                                      2023




701              50.         Sections 914.22 and 914.23, relating to tampering with
702      or harassing a witness, victim, or informant, and retaliation
703      against a witness, victim, or informant.
704              51.         Sections 918.12 and 918.13, relating to tampering with
705      jurors and evidence.
706              Section 12.            Paragraph (f) is added to subsection (2) of
707      section 908.104, Florida Statutes, to read:
708              908.104        Cooperation with federal immigration authorities. —
709              (2)         Except as otherwise expressly prohibited by federal
710      law, a state entity, local governmental entity, or law
711      enforcement agency, or an employee, an agent, or a
712      representative of the entity or agency, may not prohibit or in
713      any way restrict a law enforcement agency from taking any of the
714      following actions with respect to information regarding a
715      person's immigration status:
716              (f)         Sending the applicable information obtained pursuant
717      to enforcement of s. 448.095 to a federal immigration agency.
718              Section 13.            Subsection (14) of section 943.03, Florida
719      Statutes, is amended to read:
720              943.03        Department of Law Enforcement.—
721              (14)        The department, with respect to counter-terrorism
722      efforts, responses to acts of terrorism within or affecting this
723      state, coordinating with and providing assistance to the Federal
724      Government in the enforcement of federal immigration laws,
725      responses to immigration enforcement incidents within or

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         PCS for HB 1617                                                                                      2023




726      affecting this state, and other matters related to the domestic
727      security of Florida as it relates to terrorism and immigration
728      enforcement incidents, shall coordinate and direct the law
729      enforcement, initial emergency, and other initial responses. The
730      department shall work closely with the Division of Emergency
731      Management, other federal, state, and local law enforcement
732      agencies, fire and rescue agencies, first-responder agencies,
733      and others involved in preparation against acts of terrorism in
734      or affecting this state, immigration enforcement incidents
735      within or affecting this state, and in the response to such acts
736      or incidents. The executive director of the department, or
737      another member of the department designated by the director,
738      shall serve as Chief of Domestic Security for the purpose of
739      directing and coordinating such efforts. The department and
740      Chief of Domestic Security shall use the regional domestic
741      security task forces as established in this chapter to assist in
742      such efforts.
743              Section 14.           Section 943.03101, Florida Statutes, is
744      amended to read:
745              943.03101         Counter-terrorism and immigration enforcement
746      coordination.—The Legislature finds that with respect to
747      counter-terrorism efforts, and initial responses to acts of
748      terrorism within or affecting this state, coordinating with and
749      providing assistance to the Federal Government in the
750      enforcement of federal immigration laws, and responses to

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         PCS for HB 1617                                                                                      2023




751      immigration enforcement incidents within or affecting this
752      state, specialized efforts of emergency management which are
753      unique to such situations are required and that these efforts
754      intrinsically involve very close coordination of federal, state,
755      and local law enforcement agencies with the efforts of all
756      others involved in emergency-response efforts. In order to best
757      provide this specialized effort, the Legislature has determined
758      that such efforts should be coordinated by and through the
759      Department of Law Enforcement, working closely with the Division
760      of Emergency Management and others involved in preparation
761      against acts of terrorism in or affecting this state,
762      immigration enforcement incidents within or affecting this
763      state, and in the initial response to such acts, in accordance
764      with the state comprehensive emergency management plan prepared
765      pursuant to s. 252.35(2)(a).
766              Section 15.             Present subsections (2) through (7) of section
767      943.0311, Florida Statutes, are redesignated as subsections (3)
768      through (8), respectively, a new subsection (2) is added to that
769      section, and subsection (1) and present subsection (3) of that
770      section are amended, to read:
771              943.0311           Chief of Domestic Security; duties of the
772      department with respect to domestic security.—
773              (1)         The executive director of the department, or a member
774      of the department designated by the executive director, shall
775      serve as the Chief of Domestic Security. The Chief of Domestic

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         PCS for HB 1617                                                                                      2023




776      Security shall:
777              (a)         Coordinate the efforts of the department in the
778      ongoing assessment of this state's vulnerability to, and ability
779      to detect, prevent, prepare for, respond to, and recover from ,
780      acts of terrorism within or affecting this state and immigration
781      enforcement incidents within or affecting this state.
782              (b)         Prepare recommendations for the Governor, the
783      President of the Senate, and the Speaker of the House of
784      Representatives, which are based upon ongoing assessments to
785      limit the vulnerability of the state to terrorism and
786      immigration enforcement incidents.
787              (c)         Coordinate the collection of proposals to limit the
788      vulnerability of the state to terrorism and immigration
789      enforcement incidents.
790              (d)         Use regional task forces to support the duties of the
791      department set forth in this section.
792              (e)         Use public or private resources to perform the duties
793      assigned to the department under this section.
794              (2)         The chief shall regularly coordinate random audits
795      pursuant to s. 448.095 to ensure compliance and enforcement and
796      shall notify the Department of Economic Opportunity of any
797      violations.
798              (4)(3)        The chief shall report to the Governor, the
799      President of the Senate, and the Speaker of the House of
800      Representatives by November 1 of each year suggestions for

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         PCS for HB 1617                                                                                      2023




801      specific and significant security enhancements of any building,
802      facility, or structure owned or leased by a state agency, state
803      university, or community college or any entity that has
804      conducted an assessment under subsection (6) (5). The chief may
805      utilize the assessments provided under subsection (6) (5) in
806      making his or her suggestions. The report shall suggest
807      strategies to maximize federal funds in support of building or
808      facility security if such funds are available.
809              Section 16.             Section 943.0312, Florida Statutes, is amended
810      to read:
811              943.0312           Regional domestic security task forces.—The
812      Legislature finds that there is a need to develop and implement
813      a statewide strategy to address prevention, preparation,
814      protection, response, and recovery efforts by federal, state,
815      and local law enforcement agencies, emergency management
816      agencies, fire and rescue departments, first-responder
817      personnel, and others in dealing with potential or actual
818      terrorist acts within or affecting this state and potential or
819      actual immigration enforcement incidents within or affe cting
820      this state.
821              (1)         To assist the department and the Chief of Domestic
822      Security in performing their roles and duties in this regard,
823      the department shall establish a regional domestic security task
824      force in each of the department's operational regions. The task
825      forces shall serve in an advisory capacity to the department and

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         PCS for HB 1617                                                                                      2023




826      the Chief of Domestic Security and shall provide support to the
827      department in its performance of functions pertaining to
828      domestic security.
829              (a)         Subject to annual appropriation, the department shall
830      provide dedicated employees to support the function of each
831      regional domestic security task force.
832              (b)         Each task force shall be co-chaired by the
833      department's special agent in charge of the operational region
834      in which the task force is located and by a local sheriff or
835      chief of police from within the operational region.
836              (c)         Each task force membership may also include
837      representatives of state and local law enforcement agencies,
838      fire and rescue departments, or first-responder personnel;
839      representatives of emergency management agencies and health,
840      medical, and hospital agencies; representatives of local
841      emergency planning committees; and other persons as deemed
842      appropriate and necessary by the task force co-chairs.
843              (d)         The co-chairs of each task force may appoint
844      subcommittees and subcommittee chairs as necessary in order to
845      address issues related to the various disciplines represented on
846      the task force, except that subcommittee chairs for emergency
847      management shall be appointed with the approval of the director
848      of the Division of Emergency Management. A subcommittee chair
849      shall serve at the pleasure of the co-chairs.
850              (2)         In accordance with the state's domestic security

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         PCS for HB 1617                                                                                      2023




851      strategic goals and objectives, each task force shall coordinate
852      efforts to counter terrorism, as defined by s. 775.30, and
853      cooperate with and provide assistance to the Federal Government
854      in the enforcement of federal immigration laws within or
855      affecting this state in compliance with chapter 908, among
856      local, state, and federal resources to ensure that such efforts
857      are not fragmented or unnecessarily duplicated; coordinate
858      training for local and state personnel to counter terrorism as
859      defined in by s. 775.30; and cooperate with and provide
860      assistance to the Federal Government in the enforcement of
861      federal immigration laws within or affecting this state in
862      compliance with chapter 908; coordinate the collection and
863      dissemination of investigative and intelligence information; and
864      facilitate responses to terrorist incidents within or affecting
865      each region and immigration enforcement incidents within or
866      affecting each region. With the approval of the Chief of
867      Domestic Security, the task forces may incorporate other
868      objectives reasonably related to the goals of enhancing the
869      state's domestic security and ability to detect, prevent, and
870      respond to acts of terrorism within or affecting this state or
871      immigration enforcement incidents within or affecting this
872      state. Each task force shall take into account the variety of
873      conditions and resources present within its region.
874              (3)         The Chief of Domestic Security, in conjunction with
875      the Division of Emergency Management, the regional domestic

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         PCS for HB 1617                                                                                      2023




876      security task forces, and the various state entities responsible
877      for establishing training standards applicable to state law
878      enforcement officers and fire, emergency, and first -responder
879      personnel shall identify appropriate equipment and training
880      needs, curricula, and materials related to the effective
881      response to suspected or actual acts of terrorism, immigration
882      enforcement incidents, or incidents involving real or hoax
883      weapons of mass destruction as defined in s. 790.166.
884      Recommendations for funding for purchases of equipment, delivery
885      of training, implementation of, or revision to basic or
886      continued training required for state licensure or
887      certification, or other related responses shall be made by the
888      Chief of Domestic Security to the Domestic Security Oversight
889      Council, the Executive Office of the Governor, the President of
890      the Senate, and the Speaker of the House of Representatives as
891      necessary to ensure that the needs of this state with regard to
892      the preparing, equipping, training, and exercising of response
893      personnel are identified and addressed. In making such
894      recommendations, the Chief of Domestic Security and the Division
895      of Emergency Management shall identify all funding sources that
896      may be available to fund such efforts.
897              (4)         Each regional domestic security task force, working in
898      conjunction with the department, the Office of the Attorney
899      General, and other public or private entities, shall work to
900      ensure that hate-driven acts against ethnic groups that may have

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         PCS for HB 1617                                                                                      2023




901      been targeted as a result of acts of terrorism in or affecting
902      this state, or as a result of immigration enforcement incidents
903      within or affecting this state, are appropriately investigated
904      and responded to.
905              (5)         Members of each regional domestic security task force
906      may not receive any pay other than their salaries normally
907      received from their employers, but are entitled to reimbursement
908      for per diem and travel expenses in accordance with s. 112.061.
909              (6)         Subject to annual appropriation, the department shall
910      provide staff and administrative support for the regional
911      domestic security task forces.
912              Section 17.             Section 943.0313, Florida Statutes, is amended
913      to read:
914              943.0313           Domestic Security Oversight Council.—The
915      Legislature finds that there exists a need to provide executive
916      direction and leadership with respect to terrorism and
917      immigration enforcement incident prevention, preparation,
918      protection, response, and recovery efforts by state and local
919      agencies in this state. In recognition of this need, the
920      Domestic Security Oversight Council is hereby created. The
921      council shall serve as an advisory council pursuant to s.
922      20.03(7) to provide guidance to the state's regional domestic
923      security task forces and other domestic security working groups
924      and to make recommendations to the Governor and the Legislature
925      regarding the expenditure of funds and allocation of resources

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         PCS for HB 1617                                                                                      2023




926      related to counter-terrorism and cooperating with and providing
927      assistance to the Federal Government in the enforcement of
928      federal immigration laws and domestic security efforts.
929              (1)         MEMBERSHIP.—
930              (a)         The Domestic Security Oversight Council shall consist
931      of the following voting members:
932              1.      The executive director of the Department of Law
933      Enforcement.
934              2.      The director of the Division of Emergency Management.
935              3.      The Attorney General.
936              4.      The Commissioner of Agriculture.
937              5.      The State Surgeon General.
938              6.      The Commissioner of Education.
939              7.      The State Fire Marshal.
940              8.      The adjutant general of the Florida National Guard.
941              9.      The state chief information officer.
942              10.         Each sheriff or chief of police who serves as a co -
943      chair of a regional domestic security task force pursua nt to s.
944      943.0312(1)(b).
945              11.         Each of the department's special agents in charge who
946      serve as a co-chair of a regional domestic security task force.
947              12.         Two representatives of the Florida Fire Chiefs
948      Association.
949              13.         One representative of the Florida Police Chiefs
950      Association.

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         PCS for HB 1617                                                                                      2023




951              14.         One representative of the Florida Prosecuting
952      Attorneys Association.
953              15.         The chair of the Statewide Domestic Security
954      Intelligence Committee.
955              16.         One representative of the Florida Hospital
956      Association.
957              17.         One representative of the Emergency Medical Services
958      Advisory Council.
959              18.         One representative of the Florida Emergency
960      Preparedness Association.
961              19.         One representative of the Florida Seaport
962      Transportation and Economic Development Council.
963              (b)         In addition to the members designated in paragraph
964      (a), the council may invite other ex officio, nonvoting members
965      to attend and participate in council meetings. Those nonvoting
966      members may include, but need not be limited to:
967              1.      The executive director of the Department of Highway
968      Safety and Motor Vehicles.
969              2.      The Secretary of Health Care Administration.
970              3.      The Secretary of Environmental Protection.
971              4.      The director of the Division of Law Enforcement within
972      the Fish and Wildlife Conservation Commission.
973              5.      A representative of the Commission on Human Relations.
974              6.      A representative of the United States Coast Guard.
975              7.      A United States Attorney from a federal judicial

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          PCS for HB 1617                                                                                      2023




 976      circuit within this state.
 977              8.      A special agent in charge from an office of the Federal
 978      Bureau of Investigation within this state.
 979              9.      A representative of the United States Department of
 980      Homeland Security.
 981              10.         A representative of United States Immigration and
 982      Customs Enforcement.
 983              11.         A representative of United States Customs and Border
 984      Protection.
 985              (2)         ORGANIZATION.—
 986              (a)         The Legislature finds that the council serves a
 987      legitimate state, county, and municipal purpose and that service
 988      on the council is consistent with a member's principal service
 989      in public office or employment. Membership on the council does
 990      not disqualify a member from holding any other public office or
 991      being employed by a public entity, except that a member of the
 992      Legislature may not serve on the council.
 993              (b)         The executive director of the Department of Law
 994      Enforcement shall serve as chair of the council, and the
 995      director of the Division of Emergency Management shall serve as
 996      vice chair of the council. In the absence of the chair, the vice
 997      chair shall serve as chair. In the absence of the vice chair,
 998      the chair may name any member of the council to perform the
 999      duties of the chair if such substitution does not extend beyond
1000      a defined meeting, duty, or period of time.

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          PCS for HB 1617                                                                                      2023




1001              (c)         Any absent voting member of the council may be
1002      represented by a designee empowered to act on any issue befo re
1003      the council to the same extent that the designating member is
1004      empowered. If a co-chair of a regional domestic security task
1005      force is absent from a council meeting, the co-chair shall
1006      appoint a subcommittee chair of that task force as the designee.
1007              (d)         The council shall establish bylaws for its general
1008      governance.
1009              (e)         Any member of the council serving by reason of the
1010      office or employment held by the member shall cease to serve on
1011      the council at such time as he or she ceases to hold the office
1012      or employment which was the basis for appointment to the
1013      council.
1014              (f)         Representatives from agencies or organizations other
1015      than those designated by title shall be chosen by the entity.
1016      Except for those individuals designated by title, council
1017      members shall be certified annually to the chair by the
1018      organization they represent.
1019              (g)         Members of the council or their designees shall serve
1020      without compensation but are entitled to reimbursement for per
1021      diem and travel expenses pursuant to s. 112.061.
1022              (h)         The department shall provide the council with the
1023      staff support necessary to assist in the performance of its
1024      duties.
1025              (3)         MEETINGS.—The council must meet at least semiannually.

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          PCS for HB 1617                                                                                      2023




1026      Additional meetings may be held as necessary. A majority of the
1027      members of the council constitutes a quorum.
1028              (4)         EXECUTIVE COMMITTEE.—
1029              (a)         The council shall establish an executive committee
1030      consisting of the following members:
1031              1.      The executive director of the Department of Law
1032      Enforcement.
1033              2.      The director of the Division of Emergency Management.
1034              3.      The Attorney General.
1035              4.      The Commissioner of Agriculture.
1036              5.      The State Surgeon General.
1037              6.      The Commissioner of Education.
1038              7.      The State Fire Marshal.
1039              (b)         The executive director of the Department of Law
1040      Enforcement shall serve as the chair of the executive committee,
1041      and the director of the Division of Emergency Management shall
1042      serve as the vice chair of the executive committee.
1043              (c)         The executive committee shall approve all matters
1044      brought before the council prior to consideration. When
1045      expedited action of the council is deemed necessary by the chair
1046      or vice chair, the executive committee may act on behalf of the
1047      council.
1048              (5)         DUTIES OF THE COUNCIL.—
1049              (a)         The Domestic Security Oversight Council shall serve as
1050      an advisory council to the Governor, the Legislature, and the

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          PCS for HB 1617                                                                                      2023




1051      Chief of Domestic Security. The council shall:
1052              1.      Review the development, maintenance, and operation of a
1053      comprehensive multidisciplinary domestic security strategy that
1054      will guide the state's prevention, preparedness, protection,
1055      response, and recovery efforts against terrorist attacks and
1056      immigration enforcement incidents and make appropriate
1057      recommendations to ensure the implementation of that strategy.
1058              2.      Review the development of integrated funding plans to
1059      support specific projects, goals, and objectives necessary to
1060      the state's domestic security strategy and make appropriate
1061      recommendations to implement those plans.
1062              3.      Review and recommend approval of prioritized
1063      recommendations from regional domestic security task forces and
1064      state working groups on the use of available funding to ensure
1065      the use of such funds in a manner that best promotes the goals
1066      of statewide, regional, and local domestic security through
1067      coordinated planning and implementation strategies.
1068              4.      Review and recommend approval of statewide policies and
1069      operational protocols that support the domestic security efforts
1070      of the regional domestic security task forces and state
1071      agencies.
1072              5.      Review the overall statewide effectiveness of domest ic
1073      security efforts, and counter-terrorism efforts, and efforts of
1074      coordinating with and providing assistance to the Federal
1075      Government in the enforcement of federal immigration laws in

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          PCS for HB 1617                                                                                      2023




1076      order to provide suggestions to improve or enhance those
1077      efforts.
1078              6.      Review the efforts of any agency or entity involved in
1079      state or local domestic security efforts, and counter-terrorism
1080      efforts, and efforts of coordination with and providing
1081      assistance to the Federal Government in the enforcement of
1082      federal immigration laws that requests assistance or that
1083      appears to need such review in order to provide suggestions to
1084      improve or enhance those efforts.
1085              7.      Review efforts within the state to better secure state
1086      and local infrastructure against terrorist attack or immigration
1087      enforcement incidents and make recommendations to enhance the
1088      effectiveness of such efforts.
1089              8.      Review and recommend legislative initiatives related to
1090      the state's domestic security and provide endorsement or
1091      recommendations to enhance the effectiveness of such efforts.
1092              9.      Review statewide or multiagency mobilizations and
1093      responses to major domestic security incidents and recommend
1094      suggestions for training, improvement of response efforts, or
1095      improvement of coordination or for other strategies that m ay be
1096      derived as necessary from such reviews.
1097              10.         Conduct any additional review or inquiry or make
1098      recommendations to the Governor and Legislature in support of
1099      other initiatives, as may be necessary, to fulfill the function
1100      of general oversight of the state's domestic security efforts,

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          PCS for HB 1617                                                                                      2023




1101      and counter-terrorism efforts, and efforts of coordinating with
1102      and providing assistance to the Federal Government in the
1103      enforcement of federal immigration laws and to promote increased
1104      security.
1105              11.         Promote and preserve intergovernmental cooperation and
1106      consensus among state and local agencies, the Federal
1107      Government, private entities, other states, and other nations,
1108      as appropriate, under the guidance of the Governor.
1109              (b)         The Domestic Security Oversight Council shall make an
1110      annual funding recommendation to the Governor and Legislature
1111      which shall prioritize funding requests based on allocations
1112      from all available sources for implementing the state's domestic
1113      security strategy. This recommendation must include the
1114      prioritized recommendations of each of the regional domestic
1115      security task forces and the various working groups that
1116      participate in the prioritization process for funding
1117      allocations. The recommendation must reflect the consideration
1118      of strategic priorities and allocations that best serve the
1119      state's overall domestic security needs. The recommendation
1120      shall be transmitted to the Governor and the Legislature by
1121      December 31 of each year. If additional funds become available,
1122      or reallocation of funding is required beyond current spending
1123      authorizations, the council may make recommendations to the
1124      Governor for consideration by the Legislative Budget Commission.
1125              (6)         REPORTS.—The council shall report annually on its

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          PCS for HB 1617                                                                                      2023




1126      activities, on or before December 31 of each calendar year, to
1127      the Governor, the President of the Senate, the Speaker of the
1128      House of Representatives, and the chairs of the committees
1129      having principal jurisdiction over domestic security in the
1130      Senate and the House of Representatives.
1131              (7)         AGENCY DESIGNATION.—For purposes of this section, the
1132      Domestic Security Oversight Council shall be considered a
1133      criminal justice agency within the definition of s. 119.011(4).
1134              Section 18.            Paragraph (g) of subsection (2) and paragraph
1135      (a) of subsection (3) of section 943.325, Florida Statutes, are
1136      amended, and paragraph (f) is added to subsection (7) of that
1137      section, to read:
1138              943.325        DNA database.—
1139              (2)         DEFINITIONS.—As used in this section, the term:
1140              (g)         "Qualifying offender" means any person, including
1141      juveniles and adults, who is:
1142              1.a.        Committed to a county jail;
1143              b.      Committed to or under the supervision of the Department
1144      of Corrections, including persons incarcerated in a private
1145      correctional institution operated under contract pursuant to s.
1146      944.105;
1147              c.      Committed to or under the supervision of the Department
1148      of Juvenile Justice;
1149              d.      Transferred to this state under the Interstate Compact
1150      on Juveniles, part XIII of chapter 985; or

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          PCS for HB 1617                                                                                      2023




1151              e.      Accepted under Article IV of the Interstate Corrections
1152      Compact, part III of chapter 941; and who is:
1153              2.a.        Convicted of any felony offense or attempted felony
1154      offense in this state or of a similar offense in another
1155      jurisdiction;
1156              b.      Convicted of a misdemeanor violation of s. 784.048, s.
1157      810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
1158      offense that was found, pursuant to s. 874.04, to have been
1159      committed for the purpose of benefiting, promoting, or
1160      furthering the interests of a criminal gang as defined in s.
1161      874.03; or
1162              c.      Arrested for any felony offense or attempted felony
1163      offense in this state; or
1164              d.      In the custody of a law enforcement agency and is
1165      subject to an immigration detainer issued by a federal
1166      immigration agency.
1167              (3)         COLLECTION OF SAMPLES.—
1168              (a)         Each qualifying offender shall submit a DNA sample at
1169      the time he or she is booked into a jail, correctional facility,
1170      or juvenile facility. A person who becomes a qualifying offender
1171      solely because of the issuance of an immigration detainer by a
1172      federal immigration agency must submit a DNA sample when the law
1173      enforcement agency having custody of the offender receives the
1174      detainer.
1175              (7)         COLLECTION OF DNA SAMPLES FROM OFFENDERS.—

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          PCS for HB 1617                                                                                      2023




1176              (f)         A law enforcement agency having custody of a person
1177      who becomes a qualifying offender solely because of the issuance
1178      of an immigration detainer by a federal immigration agency shall
1179      ensure that a DNA sample is taken from the offender immediately
1180      after the agency receives the detainer and shall secure and
1181      transmit the sample to the department in a timely manner.
1182              Section 19.             Paragraph (m) of subsection (3) of section
1183      394.9082, Florida Statutes, is amended to read:
1184              394.9082           Behavioral health managing entities.—
1185              (3)         DEPARTMENT DUTIES.—The department shall:
1186              (m)         Collect and publish, and update annually, all of the
1187      following information on its website for each managing entity:
1188              1.      All compensation earned or awarded, whether paid or
1189      accrued, regardless of contingency, by position, for any
1190      employee, and any other person compensated through a contract
1191      for services whose services include those commonly associated
1192      with a chief executive, chief administrator, or other chief
1193      officer of a business or corporation, who receives compensati on
1194      from state-appropriated funds in excess of 150 percent of the
1195      annual salary paid to the secretary of the department. For
1196      purposes of this paragraph, the term "employee" means a person
1197      filling an authorized and established position who performs
1198      labor or services for a public or private employer in exchange
1199      for salary, wages, or other remuneration has the same meaning as
1200      in s. 448.095(1).

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          PCS for HB 1617                                                                                      2023




1201              2.      The most recent 3 years of the Return of Organization
1202      Exempt from Income Tax, Internal Revenue Service Form 990 an d
1203      related documents filed with the Internal Revenue Service,
1204      auditor reports, and annual reports for each managing entity or
1205      affiliated entity.
1206              Section 20.           Paragraph (a) of subsection (4) of section
1207      409.996, Florida Statutes, is amended to read:
1208              409.996       Duties of the Department of Children and
1209      Families.—The department shall contract for the delivery,
1210      administration, or management of care for children in the child
1211      protection and child welfare system. In doing so, the department
1212      retains responsibility for the quality of contracted services
1213      and programs and shall ensure that, at a minimum, services are
1214      delivered in accordance with applicable federal and state
1215      statutes and regulations and the performance standards and
1216      metrics specified in the strategic plan created under s.
1217      20.19(1).
1218              (4)(a)       The department shall collect and publish on its
1219      website, and annually update, all of the following information
1220      for each lead agency under contract with the department:
1221              1.      All compensation earned or awarded, whether paid or
1222      accrued, regardless of contingency, by position, for any
1223      employee, and any other person who is compensated through a
1224      contract for services whose services include those commonly
1225      associated with a chief executive, chief administrator, or other

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          PCS for HB 1617                                                                                      2023




1226      chief officer of a business or corporation, who receives
1227      compensation from state-appropriated funds in excess of 150
1228      percent of the annual salary paid to the secretary of the
1229      department. For purposes of this paragraph, the term "employee"
1230      means a person filling an authorized and established position
1231      who performs labor or services for a public or private employer
1232      in exchange for salary, wages, or other remuneration has the
1233      same meaning as in s. 448.095.
1234              2.      All findings of the review under subsection (3).
1235              Section 21.           For the 2023-2024 fiscal year, the
1236      nonrecurring sum of $12 million from the General Revenue Fund is
1237      appropriated to the Division of Emergency Management within the
1238      Executive Office of the Governor for the Unauthorized Alien
1239      Transport Program.
1240
1241              Section 22.           Except as otherwise expressly provided in this
1242      act and except for this section, which shall take effect upon
1243      becoming a law, this act shall take effect July 1, 2023.




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