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Post Meeting Packet — Florida Senate Committee on Commerce and Tourism (December 5, 2023)

Summary

This is a post meeting packet for the Florida Senate Committee on Commerce and Tourism meeting on Tuesday, December 5, 2023, from 2:00 to 4:00 p.m., with Senator Trumbull as Chair. The expanded agenda lists SB 106 Acceptance of Cash Payments by Businesses, SB 196 Regional Rural Development Grants Program, SB 204 Competition for the Sale of Event Tickets, SB 304 Household Moving Services and SM 370 Spaceports. SB 106, SB 196, SB 304 and SM 370 are marked Favorable, Yeas 6 Nays 0, while SB 204 is marked Temporarily Postponed. The packet includes the bill analysis of SB 106, which states that the bill requires certain businesses to accept an offer of payment in cash.

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

Cite this document

“Post Meeting Packet — Florida Senate Committee on Commerce and Tourism (December 5, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-12-05-post-meeting-packet-7880-b0680581cd/, SHA-256 d8c90908912c6d2102f0cc7cb0ff6b76d4dfe1ad340d7cc9858edf1bf16a04a8.

Full text

12/05/2023 - Commerce and Tourism (2:00 PM - 4:00 PM)                                        2024 Regular Session
Customized                                                                                    12/06/2023 3:19 PM
Agenda Order

Tab 1    SB 106 by Jones; (Identical to H 00035) Acceptance of Cash Payments by Businesses


Tab 2    SB 196 by Simon; (Identical to H 00141) Regional Rural Development Grants Program

         SB 204 by Brodeur (CO-INTRODUCERS) Hooper; (Identical to H 00177) Competition for the Sale of Event
Tab 3
         Tickets
173084   D       S     TP          CM, Brodeur              Delete everything after 12/06 02:11 PM
361308   AA      S     WD          CM, Rodriguez            Delete L.14 - 15:               12/06 02:11 PM

Tab 4    SB 304 by Hooper; (Similar to H 00367) Household Moving Services


Tab 5    SM 370 by Wright; (Identical to H 00143) Spaceports




                                                        Page 1 of 1
2024 Regular Session                                The Florida Senate
                             COMMITTEE MEETING EXPANDED AGENDA
                                               COMMERCE AND TOURISM
                                                Senator Trumbull, Chair
                                               Senator Wright, Vice Chair

            MEETING DATE:    Tuesday, December 5, 2023
                    TIME:    2:00—4:00 p.m.
                  PLACE:     Toni Jennings Committee Room, 110 Senate Building

                  MEMBERS:   Senator Trumbull, Chair; Senator Wright, Vice Chair; Senators Gruters, Rodriguez, Stewart, and
                             Torres

                                                       BILL DESCRIPTION and
 TAB       BILL NO. and INTRODUCER                  SENATE COMMITTEE ACTIONS                            COMMITTEE ACTION

   1    SB 106                            Acceptance of Cash Payments by Businesses;                 Favorable
        Jones                             Requiring certain businesses to accept cash                    Yeas 6 Nays 0
        (Identical H 35)                  payments for certain transactions; prohibiting such
                                          businesses from charging a fee or placing conditions
                                          on acceptance of such cash payments; providing
                                          penalties for violations of the act, etc.

                                          CM       12/05/2023 Favorable
                                          AEG
                                          FP


   2    SB 196                            Regional Rural Development Grants Program;                 Favorable
        Simon                             Deleting the requirement that certain grants received          Yeas 6 Nays 0
        (Identical H 141)                 by a regional economic development organization
                                          must be matched in a certain manner; removing a
                                          provision requiring a certain consideration; removing
                                          certain demonstration requirements of program
                                          applicants, etc.

                                          CM       12/05/2023 Favorable
                                          ATD
                                          FP


   3    SB 204                            Competition for the Sale of Event Tickets; Prohibiting     Temporarily Postponed
        Brodeur                           live performance venues from entering into specified
        (Identical H 177)                 contracts and covenants for the sale of tickets and
                                          licenses or from requiring artists to distribute tickets
                                          through specific ticket platforms; requiring live
                                          performance venues to allow artists to distribute
                                          tickets through the ticket platforms of the performance
                                          artists’ choice, subject to certain conditions;
                                          prohibiting a live performance venue from selling or
                                          transferring tickets and licenses at more than face
                                          value, etc.

                                          CM       12/05/2023 Temporarily Postponed
                                          JU
                                          RC




                                                                                                                    S-036 (10/2008)
12052023.1558                                                                                                           Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, December 5, 2023, 2:00—4:00 p.m.

                                                      BILL DESCRIPTION and
 TAB      BILL NO. and INTRODUCER                  SENATE COMMITTEE ACTIONS                         COMMITTEE ACTION

  4     SB 304                            Household Moving Services; Revising requirements       Favorable
        Hooper                            for mover and moving broker estimates, contracts,          Yeas 6 Nays 0
        (Similar H 367)                   and advertisements; prohibiting certain persons from
                                          operating as or holding themselves out to be a mover
                                          or moving broker without first registering with the
                                          department; revising alternative insurance coverage
                                          requirements for movers; requiring moving brokers to
                                          make a specified disclosure to shippers before
                                          providing any services, etc.

                                          CM      12/05/2023 Favorable
                                          AEG
                                          FP


  5     SM 370                            Spaceports; Urging Congress to add spaceports as a     Favorable
        Wright                            qualified tax-exempt category of private activity          Yeas 6 Nays 0
        (Identical HM 143)                bonds, etc.

                                          CM      12/05/2023 Favorable
                                          RC


        Other Related Meeting Documents




                                                                                                                S-036 (10/2008)
12052023.1558                                                                                                       Page 2 of 2
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                    Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:             SB 106
INTRODUCER:       Senator Jones
SUBJECT:          Acceptance of Cash Payments by Businesses
DATE:             December 4, 2023                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Baird                              McKay                                CM               Favorable
2.                                                                         AEG
3.                                                                          FP



    I.    Summary:

          SB 106 requires certain businesses to accept an offer of payment in cash, defined as the coin and
          currency of the United States. The bill also prohibits businesses from charging a fee or placing a
          condition on its acceptance of cash, and gives rulemaking and enforcement authority to the
          Department of Agriculture and Consumer Services (DACS). Violations of the bill will be subject
          to civil fines.

    II.   Present Situation:

          There is no federal law that requires a private business to accept cash payments. States are within
          their rights to create laws regulating how businesses accept or reject payments.1

          Currently, Florida has no law dictating whether a business must accept a cash payment or not.
          Some businesses in the state do not offer consumers the option of paying cash for transactions
          involving the purchase of goods and services.

          With 85 percent of Americans having a smartphone, more purchases get made digitally than ever
          before.2 Exacerbating the situation, the Covid-19 pandemic forced many businesses around the
          country to alter their business models to facilitate contactless purchases, where customers could
          order goods online and then have them picked up or delivered. This has all contributed to a
          decline in the use of cash.

1
  Board of Governors, Federal Reserve System, Is It Legal for a Business in the United States to Refuse Cash as a Form of
Payment?, Fed. Reserve.gov, available at https://www.federalreserve.gov/faqs/currency_12772.htm, (last visited December
4, 2023).
2
  Pew Research Center, 2022: Internet, smartphone and social media use, (December 6, 2022), available at
https://www.pewresearch.org/global/2022/12/06/internet-smartphone-and-social-media-use-in-advanced-economies-2022/
(last visited December 4, 2023).
BILL: SB 106                                                                                                         Page 2

        Payment Instruments

        Technology has allowed for consumers to make purchases with a variety of different payment
        instruments. Mobile wallets, which include credit or debit cards that are used through a
        smartphone, are projected to be used by 60 percent of the world’s population by 2025.3

        Recently, the Federal Reserve conducted a study that found credit card usage was the highest it
        has ever been.4 Below is a table representing the percentage share of the various payment
        instruments used in 2022. 5

                            Share of Payment Instrument Use for all Payments in 2022
          Cash           Credit Card         Debit Card            ACH         Mobile Payment App             Other
          18%            31%                 29%                   13%         <1%                            9%


        However, the Bureau of Consumer Financial Protection estimated that 20 to 30 percent of adults
        in the United States do not have a credit card.6 Adults without credit cards mostly rely on cash
        and debit cards. Consumers that do not have a bank account are more likely to use cash than
        consumers that do have a bank account.7

        Other States

        Within the last five years, there has been a trend of states passing legislation that requires
        businesses to accept cash payments. States that have passed similar acceptance of cash payments
        legislation include: Arizona, Colorado, Connecticut, Delaware, Idaho, Maine, Massachusetts,
        Michigan, New Jersey, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island and
        Tennessee.

        The language in these states laws varies, but they share the basic principal that most retail stores
        are required to accept cash as a form of payment. The states vary in penalties for violating. For
        instance in Massachusetts, violators of the statute may be fined or even imprisoned up to six
        months.8


3
  Juniper Research, Boku, Study: More than half of the world’s population will use mobile wallets by 2025, (July 8, 2021),
available at https://www.globenewswire.com/en/news-release/2021/07/08/2259605/0/en/Study-More-than-half-of-the-world-
s-population-will-use-mobile-wallets-by-2025.html, (last visited December 4, 2023).
4
  Cubides, Emily, and Shaun O’Brien. 2023 Findings from the Diary of Consumer Payment Choice, (May 5, 2023), available
at https://www.frbsf.org/cash/wp-content/uploads/sites/7/2023-Findings-from-the-Diary-of-Consumer-Payment-Choice.pdf
(last visited December 4, 2023).
5
  Id. at 6.
6
  This estimate is according to coverage of credit records present in the CCP sample, though this does not include authorized
users, who are individuals designated by the primary account holder to use the same credit account. A recent report from the
Federal Reserve finds 83 percent of consumers report having at least one credit card. See Bd. of Governors of Fed. Rsrv.
Sys., Report on the Economic Well-Being of U.S. Households in 2020, at 42 (May 2021), available at
https://www.federalreserve.gov/publications/2021-economic-well-being-of-us-households-in-2020-banking-and-credit.htm,
(last visited December 4, 2023).
7
  Consumers that do not have bank accounts made 66 percent of all payments with cash in 2022. See, note 5 supra.
8
  Mass. Gen. Laws Ann. Ch. 255D, § 30
BILL: SB 106                                                                                                      Page 3

        The Department of Agriculture and Consumer Services

        The DACS is charged with protecting consumers from unsafe or defective products and
        deceptive business practices. The Division of Consumer Services (division) within the DACS
        regulates specific business activities, including commercial weight loss practices, telephone
        solicitations, dance studios, pawnshops, health studios, sellers of travel, and telemarketers. The
        division is also responsible for protecting consumers from unfair and unsafe business practices
        involving products, including petroleum products, brake fluid, antifreeze, lubricating oil, and
        weighing and measuring devices.

        The Office of Agricultural Law Enforcement (OALE) enforces laws governing businesses
        regulated by the DACS. The OALE protects consumers from unfair and deceptive trade
        practices, protects Florida’s agriculture industry from theft and other crimes, and safeguards the
        wholesomeness of food and other consumer products.9 The OALE currently partners with
        federal, state and local law enforcement agencies.10

III.    Effect of Proposed Changes:

        SB 106 requires that a business that operates at a fixed permanent physical premises from a
        vehicle or other mobile space; or from a temporary physical premise; must accept an offer of
        payment in cash, defined as legal tender of the United States in the form of coins or currency,
        under the following conditions:
         The purchase is for a tangible good or service;
         The business would accept one or more other forms of payment;
         The customer seeking to engage in the transaction is physically present at the place of
           business.

        The bill will also prohibit a business from charging a fee or placing any other condition on its
        acceptance of a cash payment.

        The requirement that cash must be accepted as a form of payment does not apply in the
        following circumstances:
         The sale is not conducted in person;
         The business is a parking facility that is owned by a municipality, regardless of who operates
            the facility, or if the parking facility accepts electronic funds transfers;
         The business provides services by accountants, architects, attorneys, engineers, financial
            advisors, insurance agents, interior designers, software developers, or management and other,
            consultants, not including services provided by licensed medical or allied health care
            practitioners;
         The business suspects the use of counterfeit cash;
         Bills over $20;
         Single transactions above $5,000.


9
  Florida Department of Agriculture and Consumer Services, Office of Agricultural Law Enforcement, available at
https://www.fdacs.gov/Divisions-Offices/Agricultural-Law-Enforcement, (last visited December 4, 2023).
10
   Id.
BILL: SB 106                                                                                      Page 4

      A business that violates the requirement is subject to a civil penalty up to $2,500 for the first
      offense, up to $5,000 for a second offense, and up to $10,000 for a third or subsequent offense.
      These violations are to be levied by the DACS based upon rules that the DACS must implement.

IV.   Constitutional Issues:

      A.       Municipality/County Mandates Restrictions:

               None.

      B.       Public Records/Open Meetings Issues:

               None.

      C.       Trust Funds Restrictions:

               None.

      D.       State Tax or Fee Increases:

               None.

      E.       Other Constitutional Issues:

               None.

V.    Fiscal Impact Statement:

      A.       Tax/Fee Issues:

               None.

      B.       Private Sector Impact:

               Indeterminate. Businesses that have transitioned to cashless operations may incur costs
               associated with the handling and security of cash.

      C.       Government Sector Impact:

               The DACS has estimated a non-recurring cost of $121,967 to implement enforcement
               mechanisms and a recurring cost of $435,146 annually.

VI.   Technical Deficiencies:

      None.
 BILL: SB 106                                                                                                                         Page 5

VII.    Related Issues:

        The bill does not clearly define what a “tangible good” or “service” is. Businesses and the DACS
        may need further clarity to determine if a business is required to accept the payment of cash for
        certain purchases.

VIII.   Statutes Affected:

        This bill creates section 559.96 of the Florida Statutes.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2024                                         SB 106          Florida Senate - 2024                                           SB 106



       By Senator Jones




       34-00207-24                                               2024106__           34-00207-24                                                  2024106__
1                              A bill to be entitled                          30     customer seeking to engage in such transaction is physically
2           An act relating to acceptance of cash payments by                 31     present at the place of business.
3           businesses; creating s. 559.96, F.S.; defining terms;             32            (b) A business may not charge a fee or place any other
4           requiring certain businesses to accept cash payments              33     condition on its acceptance of cash as required by paragraph
5           for certain transactions; prohibiting such businesses             34     (a).
6           from charging a fee or placing conditions on                      35            (3) This section does not apply to:
7           acceptance of such cash payments; providing                       36            (a) Sales that are not conducted in person, including
8           applicability; providing penalties for violations of              37     telephone, mail, and Internet-based or other electronic
9           the act; requiring the Department of Agriculture and              38     transactions.
10          Consumer Services to adopt certain rules; providing an            39            (b) A parking facility owned by a municipality, regardless
11          effective date.                                                   40     of who operates the facility.
12                                                                            41            (c) A parking facility that accepts electronic funds
13     Be It Enacted by the Legislature of the State of Florida:              42     transfers.
14                                                                            43            (d) A business providing services by accountants,
15          Section 1. Section 559.96, Florida Statutes, is created to        44     architects, attorneys, engineers, financial advisers, insurance
16     read:                                                                  45     agents, interior designers, software developers, or management
17          559.96 Acceptance of cash payments by businesses.—                46     and other consultants, not including services provided by
18          (1) As used in this section, the term:                            47     licensed medical or allied health care practitioners.
19          (a) “Business” means any business operating at a fixed,           48            (e) Sales in which the business suspects the use of
20     permanent physical premises; from a vehicle or other mobile            49     counterfeit cash.
21     space; or from a temporary physical premises.                          50            (f) The use of cash denominations larger than $20 by a
22          (b) “Cash” means legal tender of the United States in the         51     customer.
23     form of coins or currency.                                             52            (g) Single transactions above $5,000.
24          (c) “Department” means the Department of Agriculture and          53            (4) A business that violates this section is subject to a
25     Consumer Services.                                                     54     civil penalty of up to $2,500 for a first offense, up to $5,000
26          (2)(a) A business must accept an offer of payment in cash         55     for a second offense, and up to $10,000 for a third or
27     for any transaction involving the purchase of any tangible good        56     subsequent offense, to be assessed by the department.
28     or any service if, in connection with such transaction, the            57            (5) The department shall adopt rules necessary to implement
29     business would accept one or more other forms of payment and the       58     this section.

                                    Page 1 of 3                                                                   Page 2 of 3
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2024                                        SB 106




       34-00207-24                                                2024106__
59          Section 2. This act shall take effect July 1, 2024.




                                  Page 3 of 3
     CODING: Words stricken are deletions; words underlined are additions.
                                                                              The Florida Senate

                                                                   APPEARANCE RECORD
                         ng Date                                                                                                           Bill Number orTopic
                                                                            Deliver both copies of this form to
                                                                     Senate professional staff conducting the meeting

                                                                                                                                  Amendment Barcode (if applicable)


Name
              (1
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           oty                                        State                           Zip




              Speaking: !            ror !         Against I         lnformation OR                      WaiveSpeaking:      ln Support     !     Against



                                                                   PLEASE CHECK ONE OFTHE FOLLOWING:

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


                                                                     I

This form is part of the public record for this meeting.                                                                                                   s-001 (o8/'to/2o21)




                                                                                                                                                                  DTIPLICATE


            | 2- - S -
                      Meeting Date
                                         73
                                                                                The Florida Senate

                                                                   APPEARANCE RECORD
                                                                             Deliver both copies of this form to
                                                                                                                                                lo (,
                                                                                                                                            Bill Number orTopic

                                                                      Senate professional staff conducting the meeting

                       Committee                                                                                                   Amendment Barcode (if applicable)

             Jess M. McCarty, Executive Assistant County Attorney Phone 305-979 -7110
 Name

                                                                                                                        jmm2@miamidade.gov
 Address 111 N.W. 1st Street Suite 2800                                                                       Email
             Street

             Miami                                         FL                             33128
             City                                          Stote                          Zip




                 Speaking:     E} For |E[ nsainst ffri lnformation OR                                     waive speakine:     ln Support    lflnsainst

                                                                    PLEASE CHECK ONE OF THE FOLLOWING:

        lam appearing without
        compensation or sponsorship.
                                                                     w     I am a registered lobbyist,
                                                                           representing:
                                                                                                                              lE something
                                                                                                                                    not lobbyist, but
                                                                                                                                  I am      a
                                                                                                                                                  for
                                                                                                                                                of value
                                                                                                                                                          received
                                                                                                                                                          my appearance
                                                                                                                                  (travel, mealt lodging, etc.),
                                                                     Miami-Dade County                                            sponsored by:




 This form is part of the public record for this   meeting.                                                                                                 5-001 (08/10/2021)
                                                                            The Florida Senate
              lL 5 23                                         APPEARANCE RECORD                                              l0b
                             Date                                                                                                   Bill Number orTopic
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                     Committee                                                                                              Amendment Barcode (if applicable)


Name
                                 6J                                                                     Phone      ?so z4st 21-7
Address           2L1 g, ftAa-*+ S,                                                                     Email
           Street
            *foJl"furt\sae %-                                                    32301
           City                                       State                         Zip




              Speaking: I             ror I      Rgainst ffiformation OR                             Waive5peaking: !   lnSupport !       Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                    |
                                                                    \,{ lam a registered lobbyist,                         I am not a lobbyist, but received
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                                                                        representlng:                                      something of value for my appearance

                                                              f ;U  \
                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                           sponsored by:




This form is part of the public record for this meeting.                                                                                           s-001 (08/10/2021)
                                                          The Florida Senate
                      BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                  (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                      Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:                SB 196
INTRODUCER:          Senator Simon
SUBJECT:             Regional Rural Development Grants Program
DATE:                December 4, 2023               REVISED:


             ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                               McKay                                CM               Favorable
2.                                                                           ATD
3.                                                                            FP



    I.     Summary:

           SB 196 amends the Regional Rural Development Grants Program to:
            Eliminate the rural matching requirement;
            Eliminate the requirement that grant funds received by a regional economic development
              organization must be matched each year by nonstate resources in an amount equal to 25
              percent of the state contributions;
            Remove the requirement that the Department of Commerce (DOC) consider the
              demonstrated need of the applicant for assistance when approving participants for the
              program; and
            Remove the requirement that an applicant must show proof that each local government and
              the private sector made a financial or in-kind commitment to the regional organization in
              order to receive funding.

           The bill takes effect July 1, 2024.

    II.    Present Situation:

           Regional Rural Development Grants Program

           The Regional Rural Development Grants Program was established to provide funding, through
           matching grants, to build the professional capacity of regionally based economic development
           organizations located in rural communities. The concept of building the “professional capacity”
           of an economic development organization includes hiring professional staff to develop, deliver,
           and provide economic development professional services. Professional services includes
           technical assistance, education and leadership development, marketing, and project recruitment. 1


1
    Section 288.018(1)(b), F.S.
BILL: SB 196                                                                                                          Page 2

         Applications submitted to the Department of Commerce (DOC) for funding through this program
         must provide proof:2
          Of official commitments of support from each of the units of local government represented
            by the regional organization;
          That each local government has made a financial or in-kind commitments to the regional
            organization;
          That the private sector has made financial or in-kind commitment to the regional
            organization;
          That the regional organization is in existence and actively involved in economic development
            activities serving the region; and
          Of the manner in which the organization coordinates its efforts with those other local and
            state organizations.

         An organization may receive up to $50,000 a year or $250,000 if located in a rural area of
         opportunity (RAO).3 Grants must be matched by an amount of non-state resources equal to 25
         percent of the state contribution. The DOC is authorized to spend up to $750,000 each fiscal year
         from funds appropriated to the Rural Community Development Revolving Loan Fund to carry
         out this program.4

         Rural Area of Opportunity

         An RAO is a rural community,5 or region comprised of rural communities, designated by the
         Governor, that has been adversely affected by an extraordinary economic event, severe or
         chronic distress, or a natural disaster.6 An area may also be designated as an RAO if it presents a
         unique economic development opportunity of regional impact. The designation of an RAO must
         be agreed upon by the DOC, as well as the county and municipal governments to be included in
         the RAO.7

         Based on recommendations of the Rural Economic Development Initiative (REDI),8 the
         Governor may designate up to three RAOs by executive order.9 This designation establishes
         these areas as priority assignments for REDI and allows the Governor, acting through REDI, to
         waive criteria, requirements, or similar provisions of any economic development initiative.

         Currently, there are three designated RAO areas:


2
  Section 288.018(2), F.S.
3
  Section 288.018(1)(c), F.S.
4
  Section 288.018(4), F.S.
5
  Section 288.0656(2)(e), F.S., defines a “rural community” as is any county with a population of 75,000 or fewer, any county
with a population of 125,000 or fewer that is contiguous to a county with a population of 75,000 or fewer, a municipality in a
county that meets either of the aforementioned criteria, or an unincorporated federal enterprise community or an incorporated
rural city with a population of 25,000 or fewer and an employment base focused on traditional agricultural or resource-based
industries, located in a county not defined as rural, which has at least three or more of the economic distress factors.
6
  Section 288.0656(2)(d), F.S.
7
  Section 288.0656(7)(b), F.S.
8
  Section 288.0656(1)(a), F.S. REDI was established by the Legislature to encourage and facilitate the location and expansion
of major economic development projects of significant scale in rural communities.
9
  Section 288.0656(7)(a), F.S.
BILL: SB 196                                                                                                   Page 3

                Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla,
                 and Washington counties, and portions of Walton County (the City of Freeport and lands
                 north of the Choctawhatchee Bay and intercoastal waterway).
                South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee
                 counties, and the cities of Pahokee, Belle Glade, and South Bay in Palm Beach County
                 and the city of Immokalee in Collier County.
                North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson,
                 Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union counties.10

III.    Effect of Proposed Changes:

        The bill amends s. 288.018, F.S., to specify that funding provided under the Regional Rural
        Development Grants Program are not matching grants. The bill eliminates the requirement that
        grant funds received by a regional economic development organization must be matched each
        year by nonstate resources in an amount equal to 25 percent of the state contributions. The bill
        also removes the requirement that the DOC consider the demonstrated need of the applicant for
        assistance when approving participants for the program. Lastly, the bill removes the requirement
        that an applicant must show proof that each local government and the private sector made a
        financial or in-kind commitment to the regional organization in order to receive funding.

        The bill takes effect July 1, 2024.

IV.     Constitutional Issues:

        A.       Municipality/County Mandates Restrictions:

                 None.

        B.       Public Records/Open Meetings Issues:

                 None.

        C.       Trust Funds Restrictions:

                 None.

        D.       State Tax or Fee Increases:

                 None.

        E.       Other Constitutional Issues:

                 None identified.


10
  Department of Economic Opportunity, Rural Areas of Opportunity, available at https://floridajobs.org/community-
planning-and-development/rural-community-programs/rural-areas-of-opportunity (last visited November 15, 2023). The
economic development organizations for these RAOs are named Opportunity Florida, Florida’s Heartland Regional
Economic Development Initiative, and the North Florida Economic Development Partnership, respectively.
 BILL: SB 196                                                                                                                         Page 4

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 None.

        C.       Government Sector Impact:

                 The bill does not affect state revenues or expenditures.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends section 288.018 of the Florida Statutes.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2024                                         SB 196          Florida Senate - 2024                                         SB 196



       By Senator Simon




       3-00486-24                                                 2024196__          3-00486-24                                                 2024196__
1                              A bill to be entitled                          30     businesses.
2           An act relating to the Regional Rural Development                 31          (c) A regional economic development organization may apply
3           Grants Program; amending s. 288.018, F.S.; deleting               32     annually to the department for a matching grant. The department
4           the requirement that certain grants received by a                 33     is authorized to approve, on an annual basis, grants to such
5           regional economic development organization must be                34     regional economic development organizations. The maximum amount
6           matched in a certain manner; removing a provision                 35     an organization may receive in any year will be $50,000, or
7           requiring a certain consideration; removing certain               36     $250,000 for any three regional economic development
8           demonstration requirements of program applicants;                 37     organizations that serve an entire region of a rural area of
9           providing an effective date.                                      38     opportunity designated pursuant to s. 288.0656(7) if they are
10                                                                            39     recognized by the department as serving such a region.
11     Be It Enacted by the Legislature of the State of Florida:              40          (d) Grant funds received by a regional economic development
12                                                                            41     organization must be matched each year by nonstate resources in
13          Section 1. Paragraphs (b), (c), and (d) of subsection (1)         42     an amount equal to 25 percent of the state contribution.
14     and subsection (2) of section 288.018, Florida Statutes, are           43          (2) In approving the participants, the department shall
15     amended to read:                                                       44     consider the demonstrated need of the applicant for assistance
16          288.018 Regional Rural Development Grants Program.—               45     and require the following:
17          (1)                                                               46          (a) Documentation of official commitments of support from
18          (b) The department shall establish a matching grant program       47     each of the units of local government represented by the
19     to provide funding to regional economic development                    48     regional organization.
20     organizations for the purpose of building the professional             49          (b) Demonstration that each unit of local government has
21     capacity of those organizations. Building the professional             50     made a financial or in-kind commitment to the regional
22     capacity of a regional economic development organization               51     organization.
23     includes hiring professional staff to develop, deliver, and            52          (c) Demonstration that the private sector has made
24     provide needed economic development professional services,             53     financial or in-kind commitments to the regional organization.
25     including technical assistance, education and leadership               54          (b)(d) Demonstration that the organization is in existence
26     development, marketing, and project recruitment. Matching Grants       55     and actively involved in economic development activities serving
27     may also be used by a regional economic development organization       56     the region.
28     to provide technical assistance to local governments, local            57          (c)(e) Demonstration of the manner in which the
29     economic development organizations, and existing and prospective       58     organization is or will coordinate its efforts with those of

                                   Page 1 of 3                                                                    Page 2 of 3
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2024                                        SB 196




       3-00486-24                                                 2024196__
59     other local and state organizations.
60          Section 2. This act shall take effect July 1, 2024.




                                  Page 3 of 3
     CODING: Words stricken are deletions; words underlined are additions.
                                                                            The Florida Senate
         !            Meeting Date
                                                                APPEARANCE RECORD                                           sB tQtt       Bill Number orTopic


SL             aMIhe ((-e +-fo ur't,rrn
                       Committee
                                                                         Deliver both copies of this form to
                                                                  Senate professional staff conducting the meeting

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Name
                           (                  F                                                           Phone
                                                                                                                      (esr3Ll- - aA.^\',,
Address        I                                                                                          Email                                Fl-u,anhlct,( n
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           City                                        Stote                        Zip




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



                                                                PLEASE CHECK ONE OF THE FOLLOWING:

 l-l tam appearing without
                                                                  J!!   I am a registered lobbyist,                              I am not a lobbyist, but received
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                                                                        representing:                                            something ofvalue for my appearance
 - compensation or sponsorship.                                   -                                                              (travel, meals, lodging, etc.),

                                                   F   L- A s rT c,- oF Co^n*"qE
                                                                  a
                                                                                                                                 sponsored by:




This form is part of the public record for this meeting.                                                                                                 s-001 (08/10/2021)




                                                                              The Florida Senate
  12t5t23                                                       APPEARANCE RECORD                                           sB 0196
                      Meeting Date                                                                                                         Bill Number orTopic
                                                                         Deliver both copies of this form to
 Commerce                                                         Senate professional staff conducting the meeting

                       Committee                                                                                                   Amendment Barcode (if applicable)


 Name
             Mike Grissom                                                                                 Phone
                                                                                                                     850-681 -4238

 Address 215 S. Monore St. Suite 301                                                                      Email      m ichael. g rissom @bi pc. com
             Street


             Tallahassee
             City                                       St0te                           Zip



                  speaking:    [, ror fi ngainst ffi lnformation OR waivespeakrng, ffi tn support ffi Rgainst
                                                                PLEASE CHECK ONE OFTHE FOLLOWING:

        lam appearing without
        compensation or sponsorship.
                                                                 ffi f urn a registered lobbyist,
                                                                 ' representrng:                                            tn   I am not a lobbyist, but received
                                                                                                                                 something of value for my appearance
                                                                                                                                 (travel, meals, lodging, etc.),

                                                                 ftot,Dn /.rne, 6artattrc                                        sponsored by:


                                                                             T)suzuo?nepf                   lsorr*nonl

This form is part of the public record for this meeting.                                                                                                   s-001 (o8/10/2021)
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           SB 204
INTRODUCER:     Senators Brodeur and Hooper
SUBJECT:        Competition for the Sale of Event Tickets
DATE:           December 4, 2023                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                         McKay                                 CM              Pre-meeting
2.                                                                        JU
3.                                                                        RC



  I.    Summary:

        SB 204 prohibits live performance venues from entering into a sole-source contract or a covenant
        not to compete with a ticket-selling platform to sell or distribute tickets and licenses to events
        located at the live performance venue. Additionally, live performance venues must allow
        performance artists to market, sell, or distribute tickets to their performances at the venue
        through a ticket platform of their choice.

        The bill prohibits a live performance venue from distributing, selling, or transferring any tickets
        or licenses for compensation at an amount greater than the amount stated as the listed value of
        that ticket or license.

        The bill defines the term “live performance venue” as a stadium, a convention center, an
        exhibition hall, an arena, a coliseum, or an auditorium that has accepted within the previous 10
        years any federal, state, or local taxpayer funds for capital improvements or operational
        expenses, including but not limited to, funds collected pursuant to a convention development tax
        under s. 212.0305, F.S., and grants awarded under ch. 288, F.S.

        The bill takes effect July 1, 2024.
BILL: SB 204                                                                                                             Page 2

    II.   Present Situation:

          Local Option Taxes

          Local governments in Florida are authorized to impose certain types of local option taxes.1 The
          Department of Revenue (DOR) or the local government is responsible for administering the tax.2
          When the DOR administers the tax, its responsibilities include collecting the tax and distributing
          the funds to local governments to spend on locally authorized projects.3

          Convention Development Taxes
          Duval, Miami-Dade, and Volusia Counties are authorized to levy convention development taxes
          on transient rental transactions.4 The revenues of convention development taxes may generally
          be used for capital construction of convention centers and other facilities related to tourism and
          tourist promotion.5 However, the authorized uses vary according to each particular levy.6 The
          five available levies that may apply are:
           Consolidated government levy for convention development;7
           Charter county levy for convention development;8
           Special district levy for convention development;9
           Special levy for convention development;10 and

1
  Department of Revenue, Local Option Taxes, available at
https://floridarevenue.com/taxes/taxesfees/Pages/local_option.aspx#:~:text=Florida%20Statutes%20(F.S.)-
,Consolidated%20County%20Convention%20Development%20Tax,charged%20for%20transient%20rental%20transactions
(last visited Dec. 4, 2023).
2
  Id.
3
  Id.
4
  Department of Revenue, Local Option Taxes: Convention Development Taxes, available at
https://floridarevenue.com/taxes/taxesfees/Pages/local_option.aspx#:~:text=Florida%20Statutes%20(F.S.)-
,Consolidated%20County%20Convention%20Development%20Tax,charged%20for%20transient%20rental%20transactions
(last visited Dec. 4, 2023). See also s. 212.0305, F.S.
5
  Id.
6
  Id.
7
  Each county that operates under a government consolidated with that of one or more municipalities in the county may
impose, pursuant to an ordinance enacted by the governing body of the county, a levy on the exercise within its boundaries of
the taxable privilege of leasing or letting transient rental accommodations described in s. 212.0305(3), F.S., at the rate of 2
percent of each dollar and major fraction of each dollar of the total consideration charged therefor. See s. 212.0305(4)(a), F.S.
8
  Each county, as defined in s. 125.011(1), F.S., may impose, under an ordinance enacted by the governing body of the
county, a levy on the exercise within its boundaries of the taxable privilege of leasing or letting transient rental
accommodations described in s. 212.0305(3), F.S., at the rate of 3 percent of the total consideration charged therefor. See s.
212.0305(4)(b), F.S. Section 125.011(1), F.S., defines “county” as any county operating under a home rule charter adopted
pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by Art. VIII, s. 6(e) of the State
Constitution, which county, by resolution of its board of county commissioners, elects to exercise the powers herein
conferred. Use of the word “county” within the above provisions shall include “board of county commissioners” of such
county.
9
  Each county which was chartered under Art. VIII of the State Constitution and which on January 1, 1984, levied a tourist
advertising ad valorem tax within a special taxing district in that county may impose, pursuant to an ordinance enacted by the
governing body of the county, a levy within the boundaries of such special taxing district on the exercise of the taxable
privilege of leasing or letting transient rental accommodations described in s. 212.0305(3), F.S., at a rate of up to 3 percent of
each dollar and major fraction of each dollar of the total consideration charged therefor. See s. 212.0305(4)(c), F.S.
10
   Each county which was chartered under Art. VIII of the State Constitution and which on January 1, 1984, levied a tourist
advertising ad valorem tax within a special taxing district in that county may impose, pursuant to an ordinance enacted by the
governing body of the county, a levy outside the boundaries of such special taxing district and to the southeast of State Road
BILL: SB 204                                                                                                            Page 3

            Subcounty levy for convention development.11

         Economic Development Programs

         Florida’s economic development programs are used to help promote a diverse and resilient
         economy.12 Each program is designed to serve a different role, and there is an emphasis on
         attracting businesses and retaining jobs.13 The programs come in various forms such as tax
         refunds, tax credits, tax exemptions, and grants.14 An analysis of a project’s needs, as well as
         eligibility requirements of various programs help determine which programs may be a good fit
         for each project.15 Below is a chart that provides an overview of the different types of economic
         development programs, the claims process, and revenue sources.16

                  Program                     Description             Overview of Claims              Revenue Source
                                                                           Process
                Tax Refunds             Refund of taxes paid          (1) Business pays taxes        Annual appropriation
                                                                      (2) State verifies job
                                                                      creation, wages, and tax
                                                                      payments
                                                                      (3) State issues refund
                                                                      to eligible business
                Tax Credits               Credit against taxes        (1) State verifies jobs          Foregone revenue
                                                 owed                 and capital investment
                                                                      (as applicable)
                                                                      (2) Eligible business
                                                                      claims credits on state
                                                                      taxes after meeting
                                                                      program requirements
              Tax Exemptions             Exemption from taxes         (1) DOR issues tax               Foregone revenue
                                                owed                  exemption permit to
                                                                      business for approved
                                                                      tax-exempt purchases
                                                                      (2) Business uses
                                                                      permit to make eligible
                                                                      tax-exempt purchases



415, on the exercise of the taxable privilege of leasing or letting transient rental accommodations described in s. 212.0305(3),
F.S., at a rate of up to 3 percent of each dollar and major fraction of each dollar of the total consideration charged therefor.
See 212.0305(4)(d), F.S.
11
   Each county which was chartered under Art. VIII of the State Constitution and which on January 1, 1984, levied a tourist
advertising ad valorem tax within a special taxing district in that county may impose, pursuant to an ordinance enacted by the
governing body of the county, a levy outside the boundaries of such special taxing district and to the northwest of State Road
415, on the exercise of the taxable privilege of leasing or letting transient rental accommodations described in s. 212.0305(3),
F.S., at a rate of up to 3 percent of each dollar and major fraction of each dollar of the total consideration charged therefor.
The proceeds of this levy shall be known as the subcounty convention development tax. See 212.0305(4)(e), F.S.
12
   Department of Economic Opportunity, 2022 Incentives Report, available at https://www.floridajobs.org/docs/default-
source/reports-and-legislation/2021-2022-annual-incentives-report.pdf (last visited Dec. 4, 2023).
13
   Id.
14
   Id.
15
   Id.
16
   Id.
BILL: SB 204                                                                                           Page 4

                   Grants                Grant with a       (1) Business achieves      Annual appropriation
                                      performance-based     performance milestones
                                          agreement         (2) State verifies job
                                                            creation, wages, and
                                                            capital investment (as
                                                            applicable)
                                                            (3) State issues
                                                            payment

         Professional Sports Franchise Program
         Florida is home to many professional and semi-professional sports teams, organizations and
         facilities, including professional football, basketball, baseball, hockey, soccer, and National
         Association of Stock Car Racing sanctioned tracks. The Professional Sports Franchise program
         allows professional sports franchises to receive state sales and use tax revenues to pay for the
         acquisition, construction, reconstruction, or renovation of a facility for a new or retained
         professional sports franchise.17 Local governments, non-profit, and for-profit entities may apply
         to the program.

         The Florida Department of Commerce (DOC) is responsible for screening and certifying
         applicants for state funding.18 For both new and retained franchises, the DOC must confirm and
         verify the following:19
          A local government is responsible for the construction, management, or operation of the
             professional sports franchise facility, or holds title to the property where the facility is
             located;
          The applicant has a verified copy of a signed agreement with a new professional sports
             franchise for at least 10 years, or for 20 years in the case of a retained franchise;
          The applicant has a verified copy of the approval by the governing body of the NFL, MLB,
             NHL, or NBA authorizing the location of a new franchise in Florida after April 1, 1987, for
             new professional sports franchises, or verified evidence of a league-authorization location in
             Florida on or before December 31, 1976, for a retained professional sports franchise;
          The applicant has projections demonstrating a paid annual attendance of over 300,000;
          The applicant has an independent analysis demonstrating that the annual amount of sales
             taxes generated by the use or operation of the franchise’s facility will be at least $2 million;
          The local government where the franchise’s facility is located, or the county of the facility is
             in an unincorporated area, has certified by resolution after a public hearing that the
             application serves a public purpose; and
          The applicant has demonstrated that it has provided, is capable of providing, financial or
             other commitments of more than one-half of the costs incurred or related to the
             improvements or development of the franchise’s facility.




17
   Section 288.1162, F.S.
18
   Section 288.1162(1), F.S.
19
   Section 288.1162(4)(a)-(g), F.S.
BILL: SB 204                                                                                                       Page 5

        Approved applicants are eligible to receive up to $2,000,004 per year for a period of up to 30
        years.20 No more than eight facilities can be certified under this program at one time.21

        Currently, at least seven facilities receive distributions under the Professional Sports Franchise
        Program, and one facility received its final distribution in June of 2023. Each facility is on track
        to receive $60 million, which is the maximum distribution allowable under this program
        ($166,667 per month or $2,000,004 per year, over 30 years) as follows:22

           Facility name           Location,                Franchise          First and Final        Total payments
                                 Certified entity,                                payments             as of Nov. 30,
                                 & certification                                                            2023
                                       date
            BB&T Center         Sunrise, Broward        Florida Panthers           Aug. 1996             $54,666,776
                                County, June 1996                                  July 2026
              Hard Rock           Miami, South           Miami Dolphins            June 1994             $60,000,120
               Stadium           Florida Stadium                                   June 2023
                                 Corp., May 1993
          TIAA Bank Field       Jacksonville, City         Jacksonville            June 1994             $59,000,118
                                 of Jacksonville,            Jaguars               May 2024
                                    April 1994
              American          Miami, Basketball          Miami Heat             March 1998             $51,333,436
            Airlines Arena       Properties, LTD,                                 March 2028
                                    Feb. 1998
           Amway Center          Orlando, City of         Orlando Magic            Feb. 2008             $31,666,730
                                  Orlando, Nov.                                    Jan. 2038
                                       2007
           Raymond James             Tampa,                 Tampa Bay              Jan. 1997             $53,833,441
              Stadium              Hillsborough             Buccaneers             Dec. 2026
                                  County, Nov.
                                       1996

           AMALIE Arena           Tampa, Tampa              Tampa Bay              Sept. 1995            $56,500,113
                                     Bay Sports              Lightning             Aug. 2025
                                  Authority, July
                                        1995
            Tropicana Field        St. Petersburg,       Tampa Bay Rays            July 1995             $56,833,447
                                     City of St.                                   June 2025
                                  Petersburg, July
                                        1995
                                                                                           Total:      $423,834,181




20
   Section 212.20(6)(d)6.b., F.S.
21
   Section 288.1162(6), F.S.
22
   Florida Department of Commerce, All Professional Sports Facilities Payments as of Nov. 30, 2023. On file with the Senate
Commerce and Tourism Committee.
BILL: SB 204                                                                                                             Page 6

         Federal Antitrust Laws

         In 1890, Congress passed the first antitrust law, the Sherman Act, as a comprehensive charter of
         economic liberty aimed at preserving free and unfettered competition as the rule of trade.
         Congress subsequently passed two additional antitrust laws in 1914: the Federal Trade
         Commission Act, which created the Federal Trade Commission (FTC), and the Clayton Act.
         Currently, these are the three core federal antitrust laws.23

         The Sherman Act
         The Sherman Act outlaws every contract, combination, or conspiracy in restraint of trade, and
         any monopolization, attempted monopolization, or conspiracy or combination to monopolize.
         The Sherman Act does not prohibit every restraint of trade, only those that are unreasonable. For
         example, an agreement between two individuals to form a partnership may restrain trade, but
         may not do so unreasonably, and thus may be lawful under the antitrust laws. In contrast, certain
         acts are considered “per se” violations of the Sherman Act because they are so harmful to
         competition. These include plain arrangements among competing individuals or businesses to fix
         prices, divide markets, or rig bids.24

         The penalties for violating the Sherman Act can be severe. Although most enforcement actions
         are civil, the Sherman Act is also a criminal law, and individuals and businesses that violate it
         may be prosecuted by the U.S. Department of Justice (DOJ). Criminal prosecutions are typically
         limited to intentional and clear violations, such as when competitors fix prices or rig bids.25

         The Federal Trade Commission Act
         The Federal Trade Commission Act prohibits unfair methods of competition and unfair or
         deceptive acts or practices. The Supreme Court has said that all violations of the Sherman Act
         also violate the FTC Act. Therefore, the FTC can bring cases under the FTC Act against the
         same kinds of activities that violate the Sherman Act. The FTC Act also reaches other practices
         that harm competition but that may not fit neatly into categories of conduct formally prohibited
         by the Sherman Act. Only the FTC brings cases under the FTC Act.26

         The Clayton Act
         The Clayton Act addresses specific practices that the Sherman Act does not clearly prohibit, such
         as mergers and interlocking directorates.27 It also bans mergers and acquisitions where the effect
         may substantially lessen competition or create a monopoly. As amended by the Robinson-
         Patman Act of 1936, the Clayton Act also prohibits certain discriminatory prices, services, and
         allowances in dealings between merchants. The Clayton Act was amended again in 1976 by the
         Hart-Scott-Rodino Antitrust Improvements Act to require companies planning large mergers or

23
   See Federal Trade Commission, The Antitrust Laws, available at https://www.ftc.gov/tips-advice/competition-
guidance/guide-antitrust-laws/antitrust-laws (last visited Dec. 4, 2023).
24
   Id.
25
   See Department of Justice, Antitrust Division: Mission, available at Antitrust Division | Mission (justice.gov) (last visited
Dec. 4, 2023).
26
   See Federal Trade Commission, The Antitrust Laws, available at https://www.ftc.gov/tips-advice/competition-
guidance/guide-antitrust-laws/antitrust-laws (last visited Dec. 4, 2023).
27
   “Interlocking directorates” means the same person making business decisions for competing companies. See also Id.
BILL: SB 204                                                                                            Page 7

         acquisitions to notify the government of their plans in advance. Additionally, private parties are
         authorized to sue for triple damages when they have been harmed by conduct that violates either
         the Sherman or Clayton Act and to obtain a court order prohibiting the anticompetitive practice
         in the future.28

         Florida Antitrust Laws

         Florida law also provides protections against anticompetitive practices. Chapter 542, F.S., the
         Florida Antitrust Act of 1980, has a stated purpose to complement the body of federal law
         prohibiting restraints of trade or commerce in order to foster effective competition.29 It outlaws
         every contract, combination, or conspiracy in restraint of trade or commerce in Florida30 and any
         person from monopolizing or attempting or conspiring to monopolize any part of trade.31

III.     Effect of Proposed Changes:

         The bill provides a legislative declaration that sole-source contracts for the sale of tickets and
         licenses to events located at live performance venues within Florida violate public policy and
         harm the public good.

         The bill establishes that a live performance venue may not enter into a sole-source contract or a
         covenant not to compete with a ticket-selling platform to sell or distribute tickets and licenses to
         events located at the live performance venue.

         The bill defines the term “live performance venue” as a stadium, a convention center, an
         exhibition hall, an arena, a coliseum, or an auditorium that has accepted within the previous 10
         years any federal, state, or local taxpayer funds for capital improvements or operational
         expenses, including but not limited to, funds collected pursuant to a convention development tax
         under s. 212.0305, F.S., and grants awarded under ch. 288, F.S.

         The bill provides that a performance artist who is contracted to perform at a live performance
         venue may not be required to market, sell, or distribute tickets to the event at which they are
         performing through a specific ticket platform that the live performance venue has an exclusive
         contract with.

         The bill requires a live performance venue to allow performance artists to market, sell, or
         distribute tickets to their performances at the venue through the use of the ticket platform of the
         performance artists’ choice. However, the ticket platform that is chosen must be subject to the
         same terms and conditions as would apply to any other platform that the live performance venue
         has executed a contract with for the same or similar services within the past two years.

         The bill prohibits a live performance venue from distributing, selling, or transferring any tickets
         or licenses for compensation at an amount greater than the amount stated as the listed value of
         that ticket or license.

28
   Id.
29
   Section 542.16, F.S.
30
   Section 542.18, F.S.
31
   Section 542.19, F.S.
BILL: SB 204                                                                                                Page 8

           The bill takes effect July 1, 2024.

IV.        Constitutional Issues:

           A.      Municipality/County Mandates Restrictions:

                   None.

           B.      Public Records/Open Meetings Issues:

                   None.

           C.      Trust Funds Restrictions:

                   None.

           D.      State Tax or Fee Increases:

                   None.

           E.      Other Constitutional Issues:

                   The bill prohibits a live performance venue from entering into a sole-source contract or a
                   covenant not to compete with a ticket-selling platform to sell or distribute tickets and
                   licenses to events located at the live performance venue. Additionally, live performance
                   venues must allow performance artists to market, sell, or distribute tickets to their
                   performances at the venue through a ticket platform of their choice. To the extent this bill
                   impacts previously recorded contracts or covenants, the bill may unconstitutionally
                   impair a contract, under s. 10, Art. I, Fla. Const., which provides in relevant part, “No…
                   law impairing the obligation of contracts shall be passed.” This provision empowers the
                   courts to strike laws that retroactively burden or alter contractual relations. Article I, s. 10
                   of the United States Constitution provides in relevant part that “No state shall . . . pass
                   any . . . law impairing the obligation of contracts.”

                   In Pomponio v. Claridge of Pompano Condominium, Inc.,32 the Florida Supreme Court
                   stated that some degree of flexibility has developed over the last century in interpreting
                   the contract clause in order to ameliorate the harshness of the original rigid application
                   used by the United States Supreme Court. The court set forth several factors in balancing
                   whether a state law operates as a substantial impairment of a contractual relationship. The
                   severity of the impairment measures the height of the hurdle the state legislation must
                   clear. The court stated that if there is minimal alteration of contractual obligations the
                   inquiry can end at its first stage. Severe impairment can push the inquiry to a careful
                   examination of the nature and purpose of the state legislation. The factors to be
                   considered are:
                    Was the law enacted to deal with a broad, generalized economic or social problem;



32
     See Pomponio v. Claridge of Pompano Condominium, Inc., 378 So. 2d 774, 776 (Fla. 1979).
 BILL: SB 204                                                                                                 Page 9

                         Does the law operate in an area that was already subject to state regulation at the time
                          the contract was entered into; and
                         Is the law’s effect on the contractual relationships temporary or is it severe,
                          permanent, immediate, and retroactive.33

                     Absent an express statement of legislative intent that a bill is intended to apply
                     retroactively, a statute is presumed to operate only prospectively.34 However, the
                     Legislature may wish to clarify whether the bill only applies to contracts or covenants
                     entered into after the effective date of the bill.

  V.        Fiscal Impact Statement:

            A.       Tax/Fee Issues:

                     None.

            B.       Private Sector Impact:

                     The bill prohibits live performance venues from entering into a sole-source contract or a
                     covenant not to compete with a ticket-selling platform to sell or distribute tickets and
                     licenses to events located at the live performance venue. Additionally, live performance
                     venues must allow performance artists to market, sell, or distribute tickets to their
                     performances at the venue through a ticket platform of their choice. This will potentially
                     create more competition within the ticket sales marketplace.

                     The bill also prohibits a live performance venue from distributing, selling, or transferring
                     any tickets or licenses for compensation at an amount greater than the amount stated as
                     the listed value of that ticket or license, which will potentially create more transparency
                     within the ticket sales marketplace.

            C.       Government Sector Impact:

                     None.

 VI.        Technical Deficiencies:

            None.

VII.        Related Issues:

            None.

VIII.       Statutes Affected:

            This bill creates s. 542.345 of the Florida Statutes.


 33
      Id. at 779.
 34
      See Fla. Ins. Guar. Ass'n, Inc. v. Devon Neighborhood Ass'n, Inc., 67 So. 3d 187, 194-95 (Fla. 2011).
BILL: SB 204                                                                                                                         Page 10

IX.   Additional Information:

      A.        Committee Substitute – Statement of Changes:
                (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                None.

      B.        Amendments:

                None.

        This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
     Florida Senate - 2024                           COMMITTEE AMENDMENT        Florida Senate - 2024                           COMMITTEE AMENDMENT
     Bill No. SB 204                                                            Bill No. SB 204




                               Ì173084-Î173084                                                            Ì173084-Î173084


                               LEGISLATIVE ACTION                          11   performance venues within this state violate public policy and
             Senate                    .                   House           12   harm the public good.
             Comm: TP                  .                                   13       (2) For purposes of this section, the term “live
         12/06/2023                    .                                   14   performance venue” means a stadium, a convention center, an
                                       .                                   15   exhibition hall, an arena, a coliseum, or an auditorium that has
                                       .                                   16   accepted any federal, state, or local taxpayer funds for capital
                                       .                                   17   improvements or operational expenses, including, but not limited
                                                                           18   to, funds collected pursuant to a convention development tax
                                                                           19   imposed under s. 212.0305 and grants awarded under chapter 288.
                                                                           20       (3) A live performance venue may not enter into a sole-
                                                                           21   source contract or a covenant not to compete with a ticket-
                                                                           22   selling platform to sell, resell, or distribute tickets and
                                                                           23   licenses to events located at the live performance venue.
                                                                           24       (4) A live performance venue may not require a performance
                                                                           25   artist or other event to market, sell, resell, or distribute
     The Committee on Commerce and Tourism (Brodeur) recommended the       26   tickets through a single or specific ticket platform.
     following:                                                            27       Section 2. Section 817.358, Florida Statutes, is created,
                                                                           28   to read:
1        Senate Amendment (with title amendment)                           29       817.358 Sale of tickets; disclosures; penalties.—A person
2                                                                          30   or an entity that offers to sell tickets must disclose in an
3        Delete everything after the enacting clause                       31   easily readable and conspicuous manner the total cost of the
4    and insert:                                                           32   ticket, including all fees that must be paid in order to
5        Section 1. Section 542.345, Florida Statutes, is created to       33   purchase the ticket, from the initial time a price is displayed,
6    read:                                                                 34   and must provide the purchaser an option to view an itemized
7        542.345 Covenants not to compete for the sale or the              35   list that includes the base price of the ticket and each event
8    distribution of event tickets and licenses prohibited.—               36   ticket fee before the purchase is made. Disclosures may not be
9        (1) The Legislature finds that sole-source contracts for          37   false or misleading and must be at least as prominent, and in
10   the sale of tickets and licenses to events located at live            38   the same font and size, as the final price. The total cost of
                                                                           39   the ticket may increase only for reasonable fees for the

                                   Page 1 of 4                                                              Page 2 of 4
     12/4/2023 10:43:21 AM                                 577-01720B-24        12/4/2023 10:43:21 AM                                 577-01720B-24




     Florida Senate - 2024                           COMMITTEE AMENDMENT        Florida Senate - 2024                           COMMITTEE AMENDMENT
     Bill No. SB 204                                                            Bill No. SB 204




                               Ì173084-Î173084                                                            Ì173084-Î173084


40   delivery of nonelectronic tickets, which increase must be             69       Delete everything before the enacting clause
41   disclosed to the purchaser before accepting payment. A person or      70   and insert:
42   an entity who violates this section commits a violation of the        71                           A bill to be entitled
43   Florida Deceptive and Unfair Trade Practices Act, as established      72       An act relating to competition for the sale of event
44   in ss. 501.201-501.213.                                               73       tickets; creating s. 542.345, F.S.; providing
45       Section 3. Present subsection (6) of section 817.36,              74       legislative findings; defining the term “live
46   Florida Statutes, is redesignated as subsection (7), a new            75       performance venue”; prohibiting live performance
47   subsection (6) is added to that section, and subsection (5) of        76       venues from entering into specified contracts and
48   that section is amended, to read:                                     77       covenants and from requiring performance artists or
49       817.36 Resale of tickets.—                                        78       events to distribute the tickets through specific
50       (5) A person who intentionally uses or sells software to          79       ticket platforms; creating s. 817.358, F.S.; requiring
51   circumvent on a ticket seller’s Internet website a security           80       a person or an entity that offers to sell tickets to
52   measure, an access control system, or any other control or            81       make certain disclosures in a specified manner
53   measure that is used to ensure an equitable ticket-buying             82       regarding the price of the ticket, and that the
54   process is liable to the state for a civil penalty equal to           83       failure to do so violates the Florida Deceptive and
55   treble the amount for which the ticket or tickets were sold. A        84       Fair Trade Practices Act; amending s. 817.36, F.S.;
56   person who has knowledge of the intentional use of software in        85       requiring persons with knowledge of the intentional
57   violation of this subsection must notify the Attorney General.        86       use of certain software to circumvent certain security
58       (6) Other than tickets described in paragraph (1)(a),             87       measures to notify the Attorney General; prohibiting
59   paragraph (1)(b), or paragraph (1)(c), it is unlawful to:             88       the application of certain terms and conditions of
60       (a) Apply a term or condition to, or use technology to            89       resale tickets; prohibiting the denial of access to an
61   limit the terms and conditions of, resale.                            90       event to certain persons who lawfully purchase or
62       (b) Penalize, discriminate against, or deny access to an          91       resell tickets; providing an effective date.
63   event to a person who purchases or resells a ticket in a manner
64   authorized by this section.
65       Section 4. This act shall take effect July 1, 2024.
66
67   ================= T I T L E    A M E N D M E N T ================
68   And the title is amended as follows:

                                   Page 3 of 4                                                              Page 4 of 4
     12/4/2023 10:43:21 AM                                 577-01720B-24        12/4/2023 10:43:21 AM                                 577-01720B-24
    Florida Senate - 2024                         COMMITTEE AMENDMENT
    Bill No. SB 204




                            Ì361308#Î361308


                            LEGISLATIVE ACTION
          Senate                    .                   House
         Comm: WD                   .
        12/06/2023                  .
                                    .
                                    .
                                    .




    The Committee on Commerce and Tourism (Rodriguez) recommended
    the following:


1       Senate Amendment to Amendment (173084)
2
3       Delete lines 14 - 15
4   and insert:
5   performance venue” means an individual stadium, convention
6   center, exhibition hall, arena, coliseum, or auditorium that has
7   more than 3,000 seats and has




                               Page 1 of 1
    12/4/2023 4:15:34 PM                                 577-01756-24
       Florida Senate - 2024                                         SB 204          Florida Senate - 2024                                        SB 204



       By Senator Brodeur




       10-00247B-24                                               2024204__          10-00247B-24                                               2024204__
1                              A bill to be entitled                          30     accepted within the previous 10 years any federal, state, or
2           An act relating to competition for the sale of event              31     local taxpayer funds for capital improvements or operational
3           tickets; creating s. 542.345, F.S.; providing                     32     expenses, including, but not limited to, funds collected
4           legislative findings; defining the term “live                     33     pursuant to a convention development tax imposed under s.
5           performance venue”; prohibiting live performance                  34     212.0305 and grants awarded under chapter 288.
6           venues from entering into specified contracts and                 35          (3) A live performance venue may not enter into a sole-
7           covenants for the sale of tickets and licenses or from            36     source contract or a covenant not to compete with a ticket-
8           requiring artists to distribute tickets through                   37     selling platform to sell or distribute tickets and licenses to
9           specific ticket platforms; requiring live performance             38     events located at the live performance venue.
10          venues to allow artists to distribute tickets through             39          (4) A performance artist who is contracted to perform at a
11          the ticket platforms of the performance artists’                  40     live performance venue may not be required to market, sell, or
12          choice, subject to certain conditions; prohibiting a              41     distribute tickets to the event at which they are performing
13          live performance venue from selling or transferring               42     through a specific ticket platform with which the live
14          tickets and licenses at more than face value;                     43     performance venue has an exclusive contract.
15          providing an effective date.                                      44          (5) A live performance venue must allow performance artists
16                                                                            45     to market, sell, or distribute tickets to their performances at
17     Be It Enacted by the Legislature of the State of Florida:              46     the venue through the use of the ticket platform of the
18                                                                            47     performance artists’ choice, subject to the same terms and
19          Section 1. Section 542.345, Florida Statutes, is created to       48     conditions as would apply to any other platform with which the
20     read:                                                                  49     live performance venue has executed a contract for the same or
21          542.345 Covenant not to compete for the sale or                   50     similar services within the past 2 years.
22     distribution of event tickets and licenses prohibited.—                51          (6) A live performance venue may not distribute, sell, or
23          (1) The Legislature finds that sole-source contracts for          52     transfer any tickets or licenses for compensation at an amount
24     the sale of tickets and licenses to events located at live             53     greater than the amount stated as the listed value of that
25     performance venues within this state violate public policy and         54     ticket or license.
26     harm the public good.                                                  55          Section 2. This act shall take effect July 1, 2024.
27          (2) For the purposes of this section, the term “live
28     performance venue” means a stadium, a convention center, an
29     exhibition hall, an arena, a coliseum, or an auditorium that has

                                   Page 1 of 2                                                                  Page 2 of 2
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
                                                                                The Florida Senate
    12t5123                                                       APPEARANCE RECORD                                           204
                         Meeting Date                                                                                                       Bill Number orTopic
                                                                              Deliver both copies of this form to
    Commerce & Tourism                                                 Senate professional staff conducting the meeting

                          Committee                                                                                                 Amendment Barcode (if applicable)

                   Mat Forrest                                                                               Phone
                                                                                                                      850-577-0444
    Name


   Address 201 E. Park Ave.                                                                                  ,r",, Mat@ballardpartners.com
               Street


                   Tallahassee                            FL                             32301
               City                                       State                         Zip




                    Speaking: I-        rot -[F ngainst lfi tnfo,mation OR                                waivespeakins: [n-,- tn supportrKsainst


                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

           I am appearing without
           compensation or sponsorship.
                                                                    ld      I am a registered lobbyist,
                                                                            representing:
                                                                                                                              F    I am not a lobbyist, but received
                                                                                                                                   something of value for my appearance
                                                                                                                                   (travel, meals, lodging, etc.),
                                                                    Florida Entertainment & Arts                                   sponsored by:
                                                                    Venues Assoc.



    This form is part of the public record for this meeting                                                                                                 s-001 (oe/1o/2o211




                                                                                The Florida Senate
                               3                                  APPEARANCE RECORD                                                     7o
                              Date                                                                                                            Bill Number orTopic
                                                                             Deliver both copies of this form to
                                                                    Senate professional staff conducting the meeting
                                          E
                        Committee                                                                                                     Amendment Barcode (if applicable)


Name                                                                                                          Phone        ?{a T2 -3 +T'l
Address
           Street
                   0                                               {                  $l-     -               Emai,       V"I LqQ.{LtrSrniqPA. mf1
                                                                                                                               I

            City                                        State
                                                                                    \trzc
                                                                                        Zip




               Speaking:        I ror ! Rgainst I lnformation OR WaiveSpeaking: I tnsuppo,rfr6t
                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

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


                                                              YlarA €*'{u                     {'n"/t*tn                              sponsored by:




This form is part of the public record for this   meeting.                                                                                                     S-OO1 (Og/lo/202i)
                                                                               The Florida Senate
  1215123
                                                                APPEARANCE RECORD                                           SB 204
                     Meeting Date                                                                                                              Bill NumberorTopic
                                                                            Deliver both copies of this form to
  Commerce and Tourism                                               Senate professional staff conducting the meeting          173084
                      Committee                                                                                                         Amendment Barcode (if applicable)


 Name
             David Touhey, Certified Venue Executive                                                       Phone
                                                                                                                    202-427-0722

 Address 626 Oakley Place                                                                                  ,,.,.,",, dtouhey@connectconsulting.com
            Strcet


            Alexandria                                  Virginia                       22302
            City                                       State                          zip



               speakins: ffi---irot lEos.'nu ffitnformation                                 OR waivespeaking, [Ftnsupport lEiogr'nu
                                                                PLEASE CHECK ONE OFTHE FOLLOWING:

  W compensation
    lam appearing without
                   sponsorship.
                       or                                            m    I am a registered lobbyist,
                                                                          representing:
                                                                                                                                    am not a lobbyisg but received
                                                                                                                                    I
                                                                                                                               rEl something  ofvalue for my appearance
                                                                                                                                    (travel, meals, lodging. etc.),
                                                                                                                                    sponsored by:




 This form is part of the public record for this meeting.                                                                                                     s-ool (0811012021\




                                                                              THE FLoRIDA SENATE

                                                               APPEARAIIIGE REGORD
     I2f   s\z=
      Meeting        Dhte
                                      (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
                                                                                                                                                     4b2>+
                                                                                                                                                     Bill Number (if applicable)


Topic     -Tl uLBT <ox\eg                                                                                                                 Amendment Barcode (if applicable)

Name                                                            .L
Job Title                               a-ffdo
Address        623€ u<r.Re+OSDTM\ BulD zfiE b4D phone htZ'fl1
              Sfreef
                                                                                                                                                                  '55.18
                                                                                                                        Emai
              City                                                      Sfafe                           Zp
Speaking: I              for [-lngainst I                       Information                              Waive Speaking:          E tn Support                        Against
                                                                                                          (The Chair will read this information                             )

    Representing

Appearing at request of Chair:                                 Yes
                                                                      N"                       Lobbyist registered with Legislature:
                                                                                                                                                           F*'                  No

While it rs a Senafe tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possrb/e can be heard.

This form is part of the public record for this                       meeting.                                                                                        s-oo1 (10/14114)
                                                                 THE FLoRrDl Sexlre

                                                  APPEARANGE REGORD
                              (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
      lZ\    S \Z=                                                                                                                    *          Zd+
       Meeiing Dhte                                                                                                                   Bill Number (if applicable)


Top ic      Tr (4L67                                                                                                       Amendment Barcode (if applicable)

ru",n" .=.Gr €-.LL<-
Jobrilffi6& Z-c6DH
Address ZK   tl).?PAN$db*\3urJb -*Ic. tr4o phone Ot3 ,Tl1 .g1b
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        City
                      {4        -2A6\
                                    Zp
                                           Email bt'dleA{AL+A 'l-b,4
                                                            Sfafe

Speaking: l-l for [_l Against l-l lnformation                                             Waive Speaking                    ln Support             Against
                                                                                          (The Chair will read this information

    Representing

Appearing at request of Chair:                   Yes                            Lobbyist registered with Legislature:                                        No
                                                         S"                                                                               K"",
While it ls a Senafe tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possrb/e can be heard.

This form is part of the public record for this           meeting.                                                                                 s-oo1 (10/14l't4)




                                                                 Tne Flonrol Serlt:
                                                  APPEARANGE REGORD
 w)ql 7b
       illeetilg Date
                              (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
                                                                                                                                      4zb4
                                                                                                                                      Bill Number (if applicable)


Topic       Ttu-.)                        *tJes                                                                            Amendment Barcode (if applicable)

Name        ?on             ?rarg(-L
roo   ritrS%A b.-,.^r \ +-, n1
Address     24€ W,?reaosil>bl.\ B\5N -ao. Lo4o Phone b13.111 '6618
             Sfreef
            '€p4rNlNtlN\
             City
                                                       tu   Sfafe
                                                                                AaSt I
                                                                                        Zp
                                                                                                          Email ftd.\                                  .H6
Speaking              For   |-l ngainst I            lnformation                          Waive Speaking:           ln Support Mngainst
                                                                                          (The Chairwillread fhis i nform atio n i nt{the re co rd. )

      Representing                       DA
Appearing at request of Chair:                    Yes                           Lobbyist registered with Legislature:                            Yes          No
                                                                                                                                           K
While it rs a Senafe tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possib/e can be heard.

This form is part of the public record for this          meeting.                                                                                  s-ooi (10/14114)
                                                                           Tue FIonIoA SENATE
                                                             APPEARANGE REGORD
    rz\s\za
       Medting Date
                                     (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)

                                                                                                                                              th24
                                                                                                                                             Bill Number (if applicable)


Topic-Tlutx*                                                                                                                      Amendment Barcode (if applicable)

Name                                         ew
                                      \< =;A.'t<S
Job Title                 A-                          (-)

Address       24€                 ur .Bea.^sucitr\ ?\hIN -*e. to*> phone 9I7.Tl1 , 5618.
             Sfreet
                                bbl-\                                                                        \        fraif rol\1!"^*"SA,                            (r>lJt
             City                                                     Sfate                           zip

Speaking: I             for l-l Against [] lnformation                                                 Waive Speaking              ln Support                 Against
                                                                                                        (The Cfiair will read this information

    Representing                                                        DAT<
Appearing at request of Chair:                               Yes          No                Lobbyist registered with Legislature:                             ES        No

While it rs a Senafe tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possrb/e can be heard.

This form is part of the public record for this                     meeting.                                                                                  s-oo1 (10/14114)




                                                                            The Florida Senate
   1215123                                                      APPEARANCE RECORD                                          204
                      Meeting Date                                                                                                      Bill Number orTopic
                                                                          Deliver both copies of this form to
   Commerce & Tourism                                              Senate professional staff conducting the meeting

                      Committee                                                                                                  Amendment Barcode (if applicable)

             Mat Forrest                                                                                    Phone
                                                                                                                    850-577-0444
  Name


                                                                                                            Emait Mat@ballard
                                                                                                                                   partners.com
  Address 201 E. Park Ave.
             Street

             Tallahassee                                 FL                          32301
             City                                       State                       zip



                speaking:       fi- ro, 1fi, ngainst [fl tnfor.rnution OR waive speaking: E ,n ruooonrffinu,nu
                                                                PLEASE CHECK ONE OF THE FOLLOWING:


   IF    I am appearing without
         compensation or sponsorship.
                                                                        I am a registered lobbyist,
                                                                   w_. representing:                                       tr   I am not a lobbyist, but received
                                                                                                                                something of value for my appearance
                                                                                                                                (travel, meals, lodging, etc.),
                                                                   New York Yankees                                             sponsored by:




  This form is part of the public record for this meeting.                                                                                            s-001 (o8/1o/2o21)
                                                                               The Florida Senate
              {                                                  APPEARANCE RECORD
                     Meeting Date                                                                                                              Bill Number or Topic

  L"^ '1 {/( 4 ,L las,^/,'c*
                                                                             Deliver both copies of this form to
                                                                      Senate professional staff conducting the meeting
                                                                                                                                        D" /.r   k /+ {{
Name
                      Committee

                          rar       / a'{t                      K-r                                           Phone
                                                                                                                         (6/- 1z&-7rrt
                                                                                                                                        Amendment Barcode (if applicable)




Address                  o0                       Pon a of"                                                   Emait e/r'q , /P,               L4wt:crcr p66lc . U'*
            Street


            t-( (o (."t 94/
            oty
                                                           f'
                                                           /-
                                                        St0te
                                                                                      i23o{
                                                                                      Zip



               Speaking: I          for I         Against I           lnformation OR                      Waive Speaki"s,        tn Support     I Against
                                                                                                                            fr
                                                                 PLEASE CHECKONE OFTHE FOLLOWING:

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


                                                                            {/; *;rl fu.g
                                                                                                                                    sponsored by:




This form is part of the public record forthis   meeting.                                                                                                    S_OOI (08/1012021)




                                                                               The Florida Senate
        L            23                                          APPEARANCE RECORD                                                        39 zz1
                     Meeting Date                                                                                                              Bill Number orTopic
                                                                          Deliver both copies of this form to
                                                                   Senate professional staff conducting the meeting
                                                                                                                                    T    3b
                      Committee                                                                                                                     Barcode (if applicable)


Name                       rzc 7o oLe               (<*b H-t4                                                 Phone


Address vlo WeWorlK ll oo lS 7. Slyecf, NW                                                                    Emait lasr<. d€" lcV @ Sf-rbh vb. Q/v>-
            Street


                     Shr                            D                                14             Joeag-
            City                                        Stote                         Zip




               Speaking: !          ror I         Against ffnformatlon OR                                 waive Speaking: Edn ruooon            !    Against



                                                                 PLEASE CHECK ONE OF THE FOLLOWING:

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

       compensation or sponsorship.
                                                                   fl     represen.ns:                                              something ofvalue for my appearance
                                                                                          Sf" Lqrb                                  (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:




This form is part of the public record for this meeting.                                                                                                     s-00r (08/'t0/2o21)
                                                                          The Florida Senate
1215123                                                       APPEARANCE RECORD                                          204
                    Meeting Date                                                                                                        Bill Number or Topic
                                                                        Deliver both copies of this form to
Commerce & Tourism                                               Senate professional staff conducting the meeting        AA 361 308
                     Committee                                                                                                  Amendment Barcode (if applicable)

            Mat Forrest                                                                                Phone
                                                                                                                850-577-0444
Name


Address 201 E. Park Ave                                                                                ,,,.'",, Mat@ballardpartners.com
           Street


            Tallahassee                                FL                          32301
           City                                       5rdte                       Zip




                        lE ror -lE ngainst
              Speaking: -                                     [E tnfor.rution OR                    waive speaking:   E' ln support lF nguintt
                                                               PLEASE CHECK ONE OF THE FOLLOWING:


Itr lam    appearing without
       compensation or sponsorship.
                                                                V     I am a registered lobbyist,
                                                                      representing:
                                                                                                                          ln   I am not a lobbyist, but received
                                                                                                                               something of value for my appearance
                                                                                                                               (travel, meals, lodging, etc.),
                                                                Florida Entertainment & Arts                                   sponsored by:
                                                                Venues Assoc.



This form is part of the public record for this   meeting.                                                                                             5-001 (08/10/2021)
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                    Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:             SB 304
INTRODUCER:       Senator Hooper
SUBJECT:          Household Moving Services
DATE:             December 4, 2023                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                           McKay                                CM               Favorable
2.                                                                         AEG
3.                                                                          FP



    I.    Summary:

          SB 304 broadens protections for consumers who use intrastate moving services by:
           Providing additional registration and proof of registration requirements for movers and
             moving brokers;
           Providing for a required performance bond or certificate of deposit in certain circumstances
             for shippers’ moved goods;
           Requiring a binding estimate of the cost of services, including any applicable fees of a
             moving broker, to be provided by the mover to a prospective shipper;
           Requiring a moving broker to arrange with a registered mover for the loading, transportation,
             shipment, or unloading of household goods as part of a household move;
           Requiring a moving broker to include certain information on any document provided by the
             moving broker to a shipper; and
           Requiring the Department of Agriculture and Consumer Services to suspend a mover’s or
             moving broker’s registration under certain circumstances.

          The bill provides an effective date of July 1, 2024.

    II.   Present Situation:

          Moving Scams

          The Better Business Bureau (BBB) has seen a marked increase in complaints and negative
          reviews about movers in recent years.1 In 2022, nearly 15,198 complaints were filed with the



1
  Better Business Bureau, Know Your Mover: BBB Study Reveals Scammers Price Gouge, Take Belongings Hostage, and
Destroy Goods (Jun. 30, 2020), available at https://www.bbb.org/article/news-releases/22659-know-your-mover-bbb-study-
reveals-scammers-price-gouge-take-belongings-hostage-and-destroy-goods (last visited Dec. 4, 2023).
BILL: SB 304                                                                                                   Page 2

        BBB against moving companies.2 Additionally, consumers reported more than $129,040 lost to
        moving scams to BBB Scam Tracker.3

        One frequent moving scam involves an initial low-ball estimate (usually provided without an in-
        person visit to review the belongings that need to be moved) that turns into a demand for a much
        higher price once all of the household belongings are on the moving truck and awaiting delivery.
        The truck driver can simply drive away if the consumer refuses to pay the higher price.4,5

        Another scam requires the shipper to sign a blank or incomplete estimate or contract, which
        results in a higher than expected price demanded at the time of delivery.6

        On December 8, 2022, Attorney General Moody filed legal action against three individuals, two
        holding companies, and multiple fraudulent moving brokerage businesses.7 According to the
        Consumer Protection investigation, the businesses acted as a common enterprise to deceive more
        than 400 Floridians into believing the company professionally handled moving services and
        promised to provide refunds if anything went wrong. Instead, the companies hired third parties to
        complete the moving services at subpar quality and refused to provide refunds.8

        Florida (Intrastate) Mover Regulations

        Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated
        storage of household goods as part of intrastate household moves. The chapter applies to any
        mover or moving broker engaged in intrastate transportation or shipment of household goods that
        originates and terminates in Florida.9 These regulations co-exist with federal law, which governs
        interstate moving of household goods.10

        A “mover” is a person who, for compensation, contracts for or engages in the loading,
        transportation, shipment, or unloading of household goods as part of a household move.11 A
        “moving broker” arranges for another person to load, transport, ship, or unload household goods
2
  Better Business Bureau, BBB Scam Alert: Avoid Moving Scams this National Moving Month (May 17, 2023) available at
https://www.bbb.org/article/scams/24198-bbb-scam-alert-avoid-moving-scams-this-national-moving-month (last visited Dec.
4, 2023).
3
  Id.
4
  Better Business Bureau, Know Your Mover: BBB Study Reveals Scammers Price Gouge, Take Belongings Hostage, and
Destroy Goods (Jun. 30, 2020), available at https://www.bbb.org/article/news-releases/22659-know-your-mover-bbb-study-
reveals-scammers-price-gouge-take-belongings-hostage-and-destroy-goods (last visited Dec. 4, 2023).
5
  See, e.g., Jackie Callaway, Record Number of People File Complaints About Florida Movers in 2021; BBB rates 1,300
Companies ‘F’, (Dec. 2, 2021), available at https://www.abcactionnews.com/money/consumer/taking-action-for-you/record-
number-of-people-file-complaints-about-florida-movers-in-2021-bbb-rates-1-300-companies-f (last visited Dec. 4, 2023).
6
  Florida Attorney General’s Office, Scams at a Glance: On the Move, available at
http://myfloridalegal.com/webfiles.nsf/WF/TDGT-BYLQQL/$file/Movers_Scams+at+a+Glance_English.pdf (last visited
Dec. 4, 2023).
7
  See Office of Attorney General Ashley Moody, Attorney General Moody Takes Action to Shut Down Massive Moving Scam
(Dec. 8, 2022), available at News Release - Attorney General Moody Takes Action to Shut Down Massive Moving Scam
(myfloridalegal.com) (last visited Dec. 4, 2023).
8
  Id.
9
  Section 507.02, F.S.
10
   Interstate movers in the U.S. must be licensed by the Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA).
11
   Section 507.01(9), F.S.
BILL: SB 304                                                                                                   Page 3

        as part of a household move or who refers a shipper to a mover by telephone, postal, or
        electronic mail, website, or other means.12

        Movers and moving brokers who do business in Florida must register annually with the
        Department of Agriculture and Consumer Services (Department).13 As of December 4, 2023,
        there were 1,348 movers and 39 moving brokers with active Florida registrations.14 In order to
        obtain a registration certificate, the mover or moving broker must file an application, pay a $300
        annual registration fee, and meet certain statutory qualifications, including proof of insurance
        coverage.15

        Insurance Coverage and Liability Limitations

        Movers and moving brokers must maintain liability and motor vehicle insurance. A mover who
        operates more than two vehicles is required to maintain liability insurance of at least $10,000 per
        shipment, and not less than 60 cents per pound, per article.16 Movers who operate fewer than two
        vehicles are required only to carry either a $25,000 performance bond or a $25,000 certificate of
        deposit in lieu of liability insurance.17

        Any contractual limitation to a mover’s liability for loss incurred to a shipper’s goods must be
        disclosed in writing to the shipper, along with the valuation rate, but a mover’s attempt to limit
        its liability beyond the minimum 60 cents per pound, per article rate is void under s. 507.04(4),
        F.S. If the mover offers valuation insurance, it must inform the shipper of the opportunity to
        purchase valuation coverage to compensate the shipper for household goods that are lost or
        damaged during a household move prior to execution of the contract for moving services.18

        Violations and Penalties

        Section 507.05, F.S., requires an intrastate mover to provide an estimate and contract to the
        shipper before commencing the move. Should a dispute arise over payment or costs, s. 507.06,
        F.S., provides that the mover may place the shipper’s goods in a storage unit until payment is
        tendered. Because of ambiguity regarding what payment may legally be demanded, some
        shippers have been taken advantage of by deceptive or fraudulent moving practices. Often,
        moving fraud manifests as an increased fee assessed by the mover, who then refuses to relinquish
        the shipper’s goods until the inflated price has been paid in full.

        While administrative, civil, and criminal penalties exist in ch. 507, F.S., for such fraudulent
        moving practices and other violations, the aggrieved shipper is not guaranteed the return of his or
        her goods until after such remedies have been finalized.


12
   Section 507.01(10), F.S.
13
   Florida Department of Agriculture and Consumer Services (FDACS), Moving Companies: Who has to Register?, available
at https://www.fdacs.gov/Business-Services/Moving-Companies (last visited Dec. 4, 2023).
14
   FDACS, License/Complaint Lookup, available at https://csapp.fdacs.gov/cspublicapp/businesssearch/businesssearch.aspx
(last visited Dec. 4, 2023). Search by “program.”
15
   Section 507.03, F.S.
16
   Sections 507.04(1)(a)1. and 507.04(4), F.S.
17
   Section 507.04(1)(b), F.S.
18
   Section 507.04(5), F.S.
BILL: SB 304                                                                                                    Page 4

        In March of 2021, the Florida Consumer Protection Division within the Office of the Attorney
        General secured four judgments against moving companies that used deceptive advertising,
        failed to provide proper estimates, failed to relinquish household goods, and failed to provide
        timely pick-up or delivery of goods in accordance with service contracts.19

        Local Ordinances and Regulations

        Chapter 507, F.S., preempts local ordinances or regulations that relate to household moving,
        unless the local regulation was adopted prior to January 1, 2011.20 Broward,21 Miami-Dade,22
        Palm Beach,23 and Pinellas24 counties currently have such ordinances. Movers or moving brokers
        whose principal place of business is located in a county or municipality with such an ordinance
        are required to register under local and state laws. State law also allows for local taxes, fees, and
        bonding related to movers and moving brokers, so long as any local registration fees are
        reasonable and do not exceed the cost of administering the ordinance or regulation.25

III.    Effect of Proposed Changes:

        Definitions and Legislative Intent

        Section 1 amends the following definitions in s. 507.01, F.S.;
         “Contract for service” or “bill of lading” means a written document prepared by a registered
           mover which is approved and electronically acknowledged or signed by the shipper in
           writing before the performance of any service by the mover and which authorizes the named
           mover to perform the services and lists all costs associated with the household move and
           accessorial services to be performed;
         “Estimate” means a written document prepared by a registered mover which sets forth the
           total costs and describes the basis of those costs, related to a shipper’s household move,
           including, but not limited to, the loading, transportation or shipment, and unloading of
           household goods and accessorial services; and
         “Moving broker” or “broker” means a person who, for compensation, arranges with a
           registered mover for loading, transporting or shipping, or unloading of household goods as
           part of a household move or who, for compensation, refers a shipper to a registered mover.



19
   Office of the Attorney General, Attorney General Moody Shuts Down Moving Scams and Recovers Millions for Consumers
Duped by Malicious Movers (Mar. 2, 2021), available at
http://www.myfloridalegal.com/newsrel.nsf/newsreleases/0BFF0224649D124D8525868C005A765F?Open& (last visited
Dec. 4, 2023).
20
   Section 507.13, F.S.
21
   Broward County Government, Movers, available at
https://www.broward.org/Consumer/ConsumerProtection/Movers/Pages/default.aspx (last visited Dec. 4, 2023).
22
   Miami-Dade County, Moving Companies—Laws & Tips, available at
https://www.miamidade.gov/global/economy/consumer-protection/moving-
companies.page#:~:text=Movers%20must%20insure%20your%20property,the%20value%20of%20your%20property.&text=
The%20amount%20of%20added%20value%20you%20purchase%20is%20up%20to%20you. (last visited Dec. 4, 2023).
23
   Palm Beach County, Moving, available at https://discover.pbcgov.org/publicsafety/consumeraffairs/pages/moving.aspx
(last visited Dec. 4, 2023).
24
   Pinellas County, Moving, available at https://www.pinellascounty.org/consumer/moving.htm (last visited Dec. 4, 2023).
25
   Section 507.13, F.S.
BILL: SB 304                                                                                           Page 5

      Section 2 amends s. 507.02, F.S., to provide that the bill is intended to establish the law of
      Florida governing the brokering of moves of household goods by moving brokers.

      Mover Registration

      Section 3 amends s. 507.03, F.S., to clarify that “broker” means “moving broker.”

      The bill clarifies that each estimate or contract of a “mover” must include a phrase that contains
      the following:
       The name of the firm;
       A Statement that includes the firm is registered with the State of Florida as a mover; and
       A Florida mover registration number.

      The bill also clarifies that any document from a “moving broker” must include:
       The name of the firm;
       A statement that includes the firm is registered with the State of Florida as a moving
         broker; and
       A Florida moving broker registration number.

      Additionally, the bill states that each advertisement of a “moving broker” must include the
      following:
       A Florida moving broker registration number;
       The name of the firm; and
       A phrase that states the firm is paid by a shipper to arrange, or offer to arrange, the
          transportation of property by a registered mover.

      The bill requires each moving broker to provide the Department of Agriculture and Consumer
      Services (Department) with a complete list of registered movers that the moving broker has
      contracted or is affiliated with, advertises on behalf of, arranges moves for, or refers shippers to,
      including each mover’s complete name, address, telephone number, email address, and
      registration number and the name of each mover’s owners, corporate officers, and directors.
      Additionally, a moving broker must notify the Department of any changes to the provided
      information, and the Department must publish and maintain a list of all moving brokers and the
      registered movers each moving broker is contracted with on its website.

      The bill provides that a person may not hold themselves out to be a mover or moving broker
      without first registering with the Department.

      The bill requires the Department to immediately issue a cease and desist order to a person upon
      finding that such person is operating as a mover or moving broker without registering.
      Additionally, the Department may seek an immediate injunction from the appropriate circuit
      court that prohibits the person from operating in Florida until the person complies with the
      registration requirement, a civil penalty not to exceed $5,000, and court costs.
BILL: SB 304                                                                                     Page 6

      Insurance Requirement

      Section 4 amends the insurance requirements in s. 507.04, F.S. The bill authorizes a mover that
      operates two or fewer vehicles, in lieu of maintaining liability insurance coverage, to maintain
      one of the following alternative coverages:
       A performance bond in the amount of $50,000, up from the current $25,000, for which the
         surety of the bond must be a surety company authorized to conduct business in Florida; or
       A certificate of deposit in a Florida banking institution in the amount of $50,000, up from the
         current $25,000.

      The bill also requires a moving broker to maintain one of the above listed coverages.

      The bill requires the Department to immediately suspend a mover’s or moving broker’s
      registration if the mover or moving broker fails to maintain the required performance bond,
      certificate of deposit, or the appropriate insurance. In such cases, the mover or moving broker
      must immediately cease operating as a mover or moving broker in Florida. Additionally, the
      Department may seek an immediate injunction from the appropriate circuit court that prohibits
      the person from operating in Florida until the person complies with the aforementioned
      requirements, a civil penalty not to exceed $5,000, and court costs.

      Estimates and Contracts for Service

      Section 5 amends s. 507.05, F.S., to require that an estimate and a contract must be prepared by a
      registered mover and provided to a prospective shipper in writing, and the shipper, mover, and
      moving broker must sign or electronically acknowledge and date the estimate and contract.

      The bill requires the estimate and contract for service to include the following:
       The name, telephone number, and physical address where the mover’s and moving broker’s
         employees are available during normal business hours;
       The date the estimate and contract were prepared by the mover and the proposed date or
         dates of the shipper’s household move, including, but not limited to, loading, transportation,
         shipment, and unloading of household goods and accessorial services;
       The name and address of the shipper, the addresses where the articles are to be picked up and
         delivered, and a telephone number where the shipper may be reached;
       The name, telephone number, and physical address of the location where the household
         goods will be held pending further transportation, including situations in which the mover
         retains possession of household goods pending resolution of a fee dispute with the shipper;
       An itemized breakdown and description and total of all costs and services for loading,
         transportation or shipment, unloading, and accessorial services to be provided during a
         household move or storage of household goods, including the fees of a moving broker, if
         used; and
       Acceptable forms of payment, which must be clearly and conspicuously disclosed to the
         shipper on the binding estimate and the contract for services.

      Moving Brokers

      Section 6 creates s. 507.056, F.S., to provide requirements specific to moving brokers.
BILL: SB 304                                                                                         Page 7


      The bill establishes that a moving broker may only arrange with a registered mover for the
      loading, transportation, shipment, or unloading of household goods as part of a household move
      or refer a shipper to a registered mover. Moving brokers may not give a verbal estimate or
      prepare a written estimate or contract for services that sets forth the total costs and describes the
      basis of those costs relating to a shipper’s household move, including, but not limited to, the
      loading, transportation, shipment, or unloading of household goods and accessorial services.

      The bill provides that before providing any service to a prospective shipper, a moving broker
      must disclose to the shipper that the broker may only arrange, or offer to arrange, the
      transportation of property by a registered mover. Additionally, a moving broker’s fees may not
      include the cost of the shipper’s household move, including, but not limited to, the loading,
      transportation, shipment, or unloading of household goods and accessorial services.

      The bill requires any document provided to a shipper by a moving broker to include the
      following:
       The name of the moving broker and the moving broker’s registration number;
       The following statement displayed at the top of the document: “…(Name of Moving
          Broker)… is not a mover. …(Name of Moving Broker)… is paid by the shipper to arrange,
          or offer to arrange, the transportation of property by a registered mover. The moving broker’s
          fees do not include the cost of the shipper’s household move, including, but not limited to,
          the loading, transportation, shipment, or unloading of household goods and accessorial
          services;”
       The name, telephone number, and physical address where the moving broker’s employees are
          available during normal business hours;
       An itemized breakdown and description and total of all costs for the moving broker’s fees to
          arrange with a registered mover for the loading, transportation, shipment, or unloading of
          household goods as part of a household move or to refer the shipper to a registered mover;
       A list of all of the registered movers the moving broker has contracted with or is affiliated
          with, advertises on behalf of, arranges moves for, or refers shippers to, including each
          mover’s complete name, address, telephone number, email address, Florida Intrastate
          Registration Number, and the name of each mover’s owners, corporate officers, and
          directors; and
       A list of acceptable forms of payment, which must include all of the forms of payment listed
          in at least two of the following subparagraphs:
          o Cash, cashier’s check, money order, or traveler’s check;
          o Valid personal check, showing upon its face the name and address of the shipper or
              authorized representative; and
          o Valid credit card, which shall include, but not be limited to, Visa or MasterCard.

      Violations and Penalties

      Section 7 amends s. 507.07, F.S., to prohibit a moving broker from providing an estimate or
      entering into a contract or agreement for moving, loading, shipping, transporting, or unloading
      services with a shipper which was not prepared and electronically acknowledged or signed by a
      mover who is registered with the Department.
BILL: SB 304                                                                                           Page 8

      Section 8 amends s. 507.09, F.S., to provide that upon notification and subsequent written
      verification by a law enforcement agency, a court, a state attorney, or the Department of Law
      Enforcement, the Department must immediately suspend a registration or the processing of an
      application for a registration if the registrant, applicant, or officer or director of the registrant or
      applicant is formally charged with a crime involving fraud, theft, larceny, embezzlement, or
      fraudulent conversion or misappropriation of property or a crime arising from conduct during a
      movement of household goods until final disposition of the case or removal or resignation of that
      officer or director.

      Section 9 makes conforming changes to s. 507.10, F.S., to incorporate amendments made
      elsewhere in the bill.

      Section 10 amends s. 507.11, F.S., to clarify that it is a felony of the third degree, if a mover or
      mover’s employee, agent, or contractor refuses to comply with an order from a law enforcement
      officer to relinquish a shipper’s household goods in the following scenarios:
       After the officer determines that the shipper has tendered payment of the amount of a written
          estimate or contract, and, if applicable, amendments to the contract for services reflecting the
          price adjustment signed by the shipper; or
       If the officer determines that the mover did not produce a signed or electronically
          acknowledged binding estimate or contract for service and, if applicable, amendments to the
          contract for services reflecting the price adjustment signed by the shipper.

      Effective Date

      Section 11 creates an effective date of July 1, 2024.

IV.   Constitutional Issues:

      A.       Municipality/County Mandates Restrictions:

               None.

      B.       Public Records/Open Meetings Issues:

               None.

      C.       Trust Funds Restrictions:

               None.

      D.       State Tax or Fee Increases:

               None.

      E.       Other Constitutional Issues:

               None Identified.
 BILL: SB 304                                                                                                   Page 9

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                The public may see a faster resolution to moving disputes that arise due to the provisions
                in the bill.

        C.      Government Sector Impact:

                The Department will have to incorporate the changes made by the bill.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        The bill provides that upon notification and subsequent written verification by a law enforcement
        agency, a court, a state attorney, or the Department of Law Enforcement that a registrant,
        applicant, or officer or director of the registrant or applicant is formally charged with a crime
        involving fraud, theft, larceny, embezzlement, or fraudulent conversion, the Department of
        Agriculture and Consumer Services (Department) is required to suspend a registration or the
        processing of an application for registration until final disposition of the case or removal or
        resignation of that officer or director. However, it is unclear if the Department is receiving
        notification and subsequent written verification by a law enforcement agency, a court, a state
        attorney, or the Department of Law Enforcement, or alternatively, if the Department is receiving
        notification from any person or entity, and then getting a subsequent written verification from
        one of the aforementioned entities.

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 507.01, 507.02,
        507.03, 507.04, 507.05, 507.056, 507.07, 507.09, 507.10, 507.11.

        This bill creates s. 507.056 of the Florida Statutes.

 IX.    Additional Information:

        A.      Committee Substitute – Statement of Changes:
                (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                None.
BILL: SB 304                                                                                                                         Page 10

      B.        Amendments:

                None.

        This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2024                                         SB 304          Florida Senate - 2024                                         SB 304



       By Senator Hooper




       21-00170A-24                                               2024304__          21-00170A-24                                               2024304__
1                              A bill to be entitled                          30          prohibitions for moving brokers; requiring moving
2           An act relating to household moving services; amending            31          brokers to make a specified disclosure to shippers
3           s. 507.01, F.S.; revising definitions; amending s.                32          before providing any services; prohibiting moving
4           507.02, F.S.; providing construction; amending s.                 33          brokers’ fees from including certain costs; requiring
5           507.03, F.S.; revising requirements for mover and                 34          that the documents moving brokers provide to shippers
6           moving broker estimates, contracts, and                           35          contain specified information; amending s. 507.07,
7           advertisements; conforming a cross-reference; revising            36          F.S.; providing that it is a violation of ch. 507,
8           requirements relating to lists that moving brokers                37          F.S., for moving brokers to provide estimates or enter
9           must provide to the Department of Agriculture and                 38          into contracts or agreements that were not prepared
10          Consumer Services; requiring the department to publish            39          and signed or electronically acknowledged by a
11          and maintain a specified list on its website;                     40          registered mover; amending s. 507.09, F.S.; conforming
12          prohibiting certain persons from operating as or                  41          a cross-reference; requiring the department, upon
13          holding themselves out to be a mover or moving broker             42          verification by certain entities, to immediately
14          without first registering with the department;                    43          suspend a registration or the processing of an
15          requiring the department to issue cease and desist                44          application for a registration in certain
16          orders to certain persons under certain circumstances;            45          circumstances; amending s. 507.10, F.S.; conforming a
17          authorizing the department to seek an immediate                   46          cross-reference; amending s. 507.11, F.S.; conforming
18          injunction under certain circumstances; making                    47          provisions to changes made by the act; providing an
19          technical changes; amending s. 507.04, F.S.; revising             48          effective date.
20          alternative insurance coverage requirements for                   49
21          movers; revising liability coverage requirements for              50     Be It Enacted by the Legislature of the State of Florida:
22          moving brokers; requiring the department to                       51
23          immediately suspend a mover’s or moving broker’s                  52          Section 1. Subsections (4), (6), and (10) of section
24          registration under certain circumstances; authorizing             53     507.01, Florida Statutes, are amended to read:
25          the department to seek an immediate injunction under              54          507.01 Definitions.—As used in this chapter, the term:
26          certain circumstances; conforming cross-references;               55          (4) “Contract for service” or “bill of lading” means a
27          amending s. 507.05, F.S.; revising requirements for               56     written document prepared by a registered mover which is
28          contracts and estimates for prospective shippers;                 57     approved and electronically acknowledged or signed by the
29          creating s. 507.056, F.S.; providing limitations and              58     shipper in writing before the performance of any service by the

                                   Page 1 of 16                                                                Page 2 of 16
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2024                                         SB 304           Florida Senate - 2024                                        SB 304




       21-00170A-24                                             2024304__             21-00170A-24                                              2024304__
59     mover and which authorizes services from the named mover to            88           (1) Each mover and moving broker must register with the
60     perform and lists the services and lists all costs associated          89      department, providing its legal business and trade name, mailing
61     with the household move and accessorial services to be                 90      address, and business locations; the full names, addresses, and
62     performed.                                                             91      telephone numbers of its owners, or corporate officers, and
63          (6) “Estimate” means a written document prepared by a             92      directors and the Florida agent of the corporation; a statement
64     registered mover which that sets forth the total costs and             93      whether it is a domestic or foreign corporation, its state and
65     describes the basis of those costs, relating to a shipper’s            94      date of incorporation, its charter number, and, if a foreign
66     household move, including, but not limited to, the loading,            95      corporation, the date it registered with the Department of
67     transportation or shipment, and unloading of household goods and       96      State; the date on which the mover or moving broker registered
68     accessorial services.                                                  97      its fictitious name if the mover or moving broker is operating
69          (10) “Moving broker” or “broker” means a person who, for          98      under a fictitious or trade name; the name of all other
70     compensation, arranges with a registered mover for loading,            99      corporations, business entities, and trade names through which
71     transporting or shipping, or unloading of for another person to        100     each owner of the mover or moving broker operated, was known, or
72     load, transport or ship, or unload household goods as part of a        101     did business as a mover or moving broker within the preceding 5
73     household move or who, for compensation, refers a shipper to a         102     years; and proof of the insurance or alternative coverages
74     registered mover by telephone, postal or electronic mail,              103     required under s. 507.04.
75     Internet website, or other means.                                      104          (2) A certificate evidencing proof of registration shall be
76          Section 2. Present paragraph (b) of subsection (1) of             105     issued by the department and must be prominently displayed in
77     section 507.02, Florida Statutes, is redesignated as paragraph         106     the mover’s or moving broker’s primary place of business.
78     (c), and a new paragraph (b) is added to that subsection, to           107          (5)(a) Each estimate or contract of a mover or moving
79     read:                                                                  108     broker must include the phrase “...(NAME OF FIRM)... is
80          507.02 Construction; intent; application.—                        109     registered with the State of Florida as a Mover or Moving
81          (1) This chapter shall be construed liberally to:                 110     Broker. Fla. Mover Registration No. .....”
82          (b) Establish the law of this state governing the brokering       111          (b) Any document from a moving broker must include the
83     of moves of household goods by moving brokers.                         112     phrase “...(NAME OF FIRM)... is registered with the State of
84          Section 3. Subsections (1), (2), (5), (6), (7), (9), and          113     Florida as a Moving Broker. Fla. Moving Broker Registration No.
85     (11) of section 507.03, Florida Statutes, are amended, and             114     .....”
86     subsections (12) and (13) are added to that section, to read:          115          (6)(a) Each advertisement of a mover or moving broker must
87          507.03 Registration.—                                             116     include the phrase “Fla. Mover Reg. No. ....” or “Fla. IM No.

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117     .....” Each of the mover’s vehicles must clearly and                   146     registered movers that the moving broker has contracted or is
118     conspicuously display a sign on the driver’s side door which           147     affiliated with, advertises on behalf of, arranges moves for, or
119     includes at least one of these phrases in lettering of at least        148     refers shippers to, including each mover’s complete name,
120     1.5 inches in height.                                                  149     address, telephone number, and e-mail address, and registration
121          (b) Each advertisement of a moving broker must include the        150     number and the name of each mover’s owners, corporate officers,
122     phrase “Fla. Moving Broker Reg. No. ..... ...(NAME OF MOVING           151     and directors owner or other principal. A moving broker must
123     BROKER)... is a moving broker. ...(NAME OF MOVING BROKER)... is        152     notify the department of any changes to the provided
124     paid by a shipper to arrange, or offer to arrange, the                 153     information. The department shall publish and maintain on its
125     transportation of property by a registered mover.”                     154     website a list of all moving brokers and the registered movers
126          (7) A registration is not valid for any mover or moving           155     each moving broker is contracted with.
127     broker transacting business at any place other than that               156          (12) A person required to register pursuant to this section
128     designated in the mover’s or moving broker’s application, unless       157     may not operate as or hold itself out to be a mover or moving
129     the department is first notified in writing before any change of       158     broker without first registering with the department pursuant to
130     location. A registration issued under this chapter is not              159     this section.
131     assignable, and the mover or moving broker may not conduct             160          (13) The department must immediately issue a cease and
132     business under more than one name except as registered. A mover        161     desist order to a person upon finding that the person is
133     or moving broker desiring to change its registered name or             162     operating as a mover or a moving broker without registering
134     location or designated agent for service of process at a time          163     pursuant to this section. In addition, and notwithstanding the
135     other than upon renewal of registration must notify the                164     availability of any administrative relief under chapter 120, the
136     department of the change.                                              165     department may seek from the appropriate circuit court an
137          (9) The department shall deny or refuse to renew the              166     immediate injunction prohibiting the person from operating in
138     registration of a mover or a moving broker or deny a                   167     this state until the person complies with this section and pays
139     registration or renewal request by any of the mover’s or moving        168     a civil penalty not to exceed $5,000 and court costs.
140     broker’s directors, officers, owners, or general partners if the       169          Section 4. Present subsections (3), (4), and (5) of section
141     mover or moving broker has not satisfied a civil penalty or            170     507.04, Florida Statutes, are redesignated as subsections (4),
142     administrative fine for a violation of s. 507.07(10) s.                171     (5), and (6), respectively, a new subsection (3) is added to
143     507.07(9).                                                             172     that section, and subsection (1) and present subsections (4) and
144          (11) At the request of the department, Each moving broker         173     (5) of that section are amended, to read:
145     shall provide the department with a complete list of the               174          507.04 Required insurance coverages; liability limitations;

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175     valuation coverage.—                                                   204     institution in the amount of $50,000.
176          (1) LIABILITY INSURANCE.—                                         205
177          (a)1. Except as provided in paragraph (b), each mover             206     The original bond or certificate of deposit must be filed with
178     operating in this state must maintain current and valid                207     the department and must designate the department as the sole
179     liability insurance coverage of at least $10,000 per shipment          208     beneficiary. The department must use the bond or certificate of
180     for the loss or damage of household goods resulting from the           209     deposit exclusively for the payment of claims to consumers who
181     negligence of the mover or its employees or agents.                    210     are injured by the fraud, misrepresentation, breach of contract,
182          2. The mover must provide the department with evidence of         211     misfeasance, malfeasance, or financial failure of the mover or
183     liability insurance coverage before the mover is registered with       212     moving broker or by a violation of this chapter by the mover or
184     the department under s. 507.03. All insurance coverage                 213     moving broker. Liability for these injuries may be determined in
185     maintained by a mover must remain in effect throughout the             214     an administrative proceeding of the department or through a
186     mover’s registration period. A mover’s failure to maintain             215     civil action in a court of competent jurisdiction. However,
187     insurance coverage in accordance with this paragraph constitutes       216     claims against the bond or certificate of deposit must only be
188     an immediate threat to the public health, safety, and welfare.         217     paid, in amounts not to exceed the determined liability for
189          (b) A mover that operates two or fewer vehicles, in lieu of       218     these injuries, by order of the department in an administrative
190     maintaining the liability insurance coverage required under            219     proceeding. The bond or certificate of deposit is subject to
191     paragraph (a), may, and each moving broker must, maintain one of       220     successive claims, but the aggregate amount of these claims may
192     the following alternative coverages:                                   221     not exceed the amount of the bond or certificate of deposit.
193          1. A performance bond in the amount of $50,000 $25,000, for       222          (3) REGISTRATION SUSPENSION.—The department must
194     which the surety of the bond must be a surety company authorized       223     immediately suspend a mover’s or moving broker’s registration if
195     to conduct business in this state; or                                  224     the mover or moving broker fails to maintain the performance
196          2. A certificate of deposit in a Florida banking                  225     bond or certificate of deposit required under subsection (1) or
197     institution in the amount of $50,000 $25,000.                          226     the insurance required under subsection (2), and the mover or
198          (c) A moving broker must maintain one of the following            227     moving broker must immediately cease operating as a mover or
199     coverages:                                                             228     moving broker in this state. In addition, and notwithstanding
200          1. A performance bond in the amount of $50,000, for which         229     the availability of any administrative relief pursuant to
201     the surety of the bond must be a surety company authorized to          230     chapter 120, the department may seek from a circuit court an
202     conduct business in this state; or                                     231     immediate injunction prohibiting the mover or moving broker from
203          2. A certificate of deposit in a Florida banking                  232     operating in this state until the mover or moving broker

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233     complies with subsections (1) and (2) and pays a civil penalty           262     required under subsection (5) (4), the coverage satisfies the
234     not to exceed $5,000 and court costs.                                    263     mover’s liability for the minimum valuation rate.
235            (5)(4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may        264          Section 5. Section 507.05, Florida Statutes, is amended to
236     not limit its liability for the loss or damage of household              265     read:
237     goods to a valuation rate that is less than 60 cents per pound           266          507.05 Estimates and contracts for service.—Before
238     per article. A provision of a contract for moving services is            267     providing any moving or accessorial services, an estimate and a
239     void if the provision limits a mover’s liability to a valuation          268     contract and estimate must be prepared by a registered mover and
240     rate that is less than the minimum rate under this subsection.           269     provided to a prospective shipper in writing, and the shipper,
241     If a mover limits its liability for a shipper’s goods, the mover         270     the mover, and, if applicable, the moving broker must sign or
242     must disclose the limitation, including the valuation rate, to           271     electronically acknowledge and date the estimate and contract.
243     the shipper in writing at the time that the estimate and                 272     At a minimum, the estimate and contract for service must be
244     contract for services are executed and before any moving or              273     signed and dated by the shipper and the mover, and must include:
245     accessorial services are provided. The disclosure must also              274          (1) The name, telephone number, and physical address where
246     inform the shipper of the opportunity to purchase valuation              275     the mover’s and, if applicable, the moving broker’s employees
247     coverage if the mover offers that coverage under subsection (6)          276     are available during normal business hours.
248     (5).                                                                     277          (2) The date the estimate and contract were or estimate is
249            (6)(5) VALUATION COVERAGE.—A mover may offer valuation            278     prepared by the mover and the any proposed date or dates of the
250     coverage to compensate a shipper for the loss or damage of the           279     shipper’s household move, including, but not limited to,
251     shipper’s household goods that are lost or damaged during a              280     loading, transportation, shipment, and unloading of household
252     household move. If a mover offers valuation coverage, the                281     goods and accessorial services.
253     coverage must indemnify the shipper for at least the minimum             282          (3) The name and address of the shipper, the addresses
254     valuation rate required under subsection (5) (4). The mover must         283     where the articles are to be picked up and delivered, and a
255     disclose the terms of the coverage to the shipper in writing at          284     telephone number where the shipper may be reached.
256     the time that the estimate and contract for services are                 285          (4) The name, telephone number, and physical address of the
257     executed and before any moving or accessorial services are               286     any location where the household goods will be held pending
258     provided. The disclosure must inform the shipper of the cost of          287     further transportation, including situations in which where the
259     the valuation coverage, the valuation rate of the coverage, and          288     mover retains possession of household goods pending resolution
260     the opportunity to reject the coverage. If valuation coverage            289     of a fee dispute with the shipper.
261     compensates a shipper for at least the minimum valuation rate            290          (5) An itemized breakdown and description and total of all

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291     costs and services for loading, transportation or shipment,            320     including, but not limited to, the loading, transportation or
292     unloading, and accessorial services to be provided during a            321     shipment, or unloading of household goods and accessorial
293     household move or storage of household goods, including the fees       322     services.
294     of a moving broker, if used.                                           323          (2) Before providing any service to a prospective shipper,
295          (6) Acceptable forms of payment, which must be clearly and        324     a moving broker must disclose to the shipper that the broker may
296     conspicuously disclosed to the shipper on the binding estimate         325     only arrange, or offer to arrange, the transportation of
297     and the contract for services. A mover must shall accept at            326     property by a registered mover. A moving broker’s fees may not
298     least a minimum of two of the three following forms of payment:        327     include the cost of the shipper’s household move, including, but
299          (a) Cash, cashier’s check, money order, or traveler’s             328     not limited to, the loading, transportation or shipment, or
300     check;                                                                 329     unloading of household goods and accessorial services. Any
301          (b) Valid personal check, showing upon its face the name          330     document provided to a shipper by a moving broker must include
302     and address of the shipper or authorized representative; or            331     all of the following:
303          (c) Valid credit card, which shall include, but not be            332          (a) The name of the moving broker and the moving broker’s
304     limited to, Visa or MasterCard.                                        333     registration number.
305                                                                            334          (b) The following statement displayed at the top of the
306     A mover must clearly and conspicuously disclose to the shipper         335     document: “...(Name of Moving Broker)... is not a mover.
307     in the estimate and contract for services the forms of payments        336     ...(Name of Moving Broker)... is paid by the shipper to arrange,
308     the mover will accept, including the forms of payment described        337     or offer to arrange, the transportation of property by a
309     in paragraphs (a)-(c).                                                 338     registered mover. The moving broker’s fees do not include the
310          Section 6. Section 507.056, Florida Statutes, is created to       339     cost of the shipper’s household move, including, but not limited
311     read:                                                                  340     to, the loading, transportation or shipment, or unloading of
312          507.056 Moving brokers; services.—                                341     household goods and accessorial services.”
313          (1) A moving broker may only arrange with a registered            342          (c) The name, telephone number, and physical address where
314     mover for the loading, transportation or shipment, or unloading        343     the moving broker’s employees are available during normal
315     of household goods as part of a household move or refer a              344     business hours.
316     shipper to a registered mover. Moving brokers may not give a           345          (d) An itemized breakdown, description, and total of all
317     verbal estimate or prepare a written estimate or contract for          346     fees the moving broker charges to arrange with a registered
318     services which sets forth the total costs and describes the            347     mover for the loading, transportation or shipment, or unloading
319     basis of those costs relating to a shipper’s household move,           348     of household goods as part of a household move or to refer the

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349     shipper to a registered mover.                                        378     the following if the department finds that a mover or moving
350          (e) A list of all of the registered movers the moving            379     broker, or a person employed or contracted by a mover or moving
351     broker has contracted with or is affiliated with, advertises on       380     broker, has violated or is operating in violation of this
352     behalf of, arranges moves for, or refers shippers to, including       381     chapter or the rules or orders issued pursuant to this chapter:
353     each mover’s complete name, address, telephone number, e-mail         382          (a) Issuing a notice of noncompliance under s. 120.695.
354     address, and Florida Intrastate Registration Number and the name      383          (b) Imposing an administrative fine in the Class II
355     of each mover’s owners, corporate officers, and directors.            384     category pursuant to s. 570.971 for each act or omission.
356          (f) A list of acceptable forms of payment, which must            385     However, the department must impose an administrative fine in
357     include all of the forms of payment listed in at least two of         386     the Class IV category for each violation of s. 507.07(10) s.
358     the following subparagraphs:                                          387     507.07(9) if the department does not seek a civil penalty for
359          1. Cash, cashier’s check, money order, or traveler’s check.      388     the same offense.
360          2. Valid personal check, showing upon its face the name and      389          (c) Directing that the person cease and desist specified
361     address of the shipper or authorized representative.                  390     activities.
362          3. Valid credit card, including, but not limited to, Visa        391          (d) Refusing to register or revoking or suspending a
363     or MasterCard.                                                        392     registration.
364          Section 7. Present subsections (8) and (9) of section            393          (e) Placing the registrant on probation, subject to the
365     507.07, Florida Statutes, are redesignated as subsections (9)         394     conditions specified by the department.
366     and (10), respectively, and a new subsection (8) is added to          395          (2) The department, upon notification and subsequent
367     that section, to read:                                                396     written verification by a law enforcement agency, a court, a
368          507.07 Violations.—It is a violation of this chapter:            397     state attorney, or the Department of Law Enforcement, must
369          (8) For a moving broker to provide an estimate or enter          398     immediately suspend a registration or the processing of an
370     into a contract or agreement for moving, loading, shipping or         399     application for a registration if the registrant, applicant, or
371     transporting, or unloading services with a shipper which was not      400     officer or director of the registrant or applicant is formally
372     prepared and electronically acknowledged or signed by a mover         401     charged with a crime involving fraud, theft, larceny,
373     who is registered with the department pursuant to this chapter.       402     embezzlement, or fraudulent conversion or misappropriation of
374          Section 8. Section 507.09, Florida Statutes, is amended to       403     property or a crime arising from conduct during a movement of
375     read:                                                                 404     household goods until final disposition of the case or removal
376          507.09 Administrative remedies; penalties.—                      405     or resignation of that officer or director.
377          (1) The department may enter an order doing one or more of       406          (3) The administrative proceedings that which could result

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407     in the entry of an order imposing any of the penalties specified       436     A mover’s compliance with an order from a law enforcement
408     in subsection (1) or subsection (2) are governed by chapter 120.       437     officer to relinquish goods to a shipper is not a waiver or
409          (4)(3) The department may adopt rules under ss. 120.536(1)        438     finding of fact regarding any right to seek further payment from
410     and 120.54 to administer this chapter.                                 439     the shipper.
411          Section 9. Subsection (2) of section 507.10, Florida              440          Section 11. This act shall take effect July 1, 2024.
412     Statutes, is amended to read:
413          507.10 Civil penalties; remedies.—
414          (2) The department may seek a civil penalty in the Class II
415     category pursuant to s. 570.971 for each violation of this
416     chapter. However, the department must seek a civil penalty in
417     the Class IV category for each violation of s. 507.07(10) s.
418     507.07(9) if the department does not impose an administrative
419     fine for the same offense.
420          Section 10. Subsection (1) of section 507.11, Florida
421     Statutes, is amended to read:
422          507.11 Criminal penalties.—
423          (1) The refusal of a mover or a mover’s employee, agent, or
424     contractor to comply with an order from a law enforcement
425     officer to relinquish a shipper’s household goods after the
426     officer determines that the shipper has tendered payment of the
427     amount of a written estimate or contract, and, if applicable,
428     amendments to the contract for services reflecting the price
429     adjustment signed by the shipper or after the officer determines
430     that the mover did not produce a signed or electronically
431     acknowledged binding estimate or contract for service and, if
432     applicable, amendments to the contract for services reflecting
433     the price adjustment signed by the shipper upon which demand is
434     being made for payment, is a felony of the third degree,
435     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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                                                                         The Florida Senate
 1210512023                                                   APPEARANCE RECORD                                          304
                     Meeting Date                                                                                                     Bill Number orTopic
                                                                       Deliver both copies of this form to
Commerce and Tourism                                            Senate professional staff conducting the meeting

                      Committee                                                                                                Amendment Barcode (if applicable)


Name
             Nick Mayor                                                                               Phone
                                                                                                                   850-524-9659

Address 215 S. Monroe                         St., Ste 603                                            Emait nmayor@aarp.org
            Slreet

            Tallahassee                               FL                          32301
            City                                      State                      Zip



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                                                              PLEASE CHECK ONE OFTHE FOLLOWING:


E      I am appearing without
       compensation or sponsorship.                            V     lam a registered lobbyist
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This form is part of the public record for this   meeting.                                                                                           S-0Ol (Og/jO/2021)
                                                          The Florida Senate
                      BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                  (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                      Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:               SM 370
INTRODUCER:         Senator Wright
SUBJECT:            Spaceports
DATE:               December 4, 2023                REVISED:


             ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                               McKay                                 CM              Favorable
2.                                                                            RC



    I.     Summary:

           SM 370 is a memorial to Congress urging the members of Congress to add spaceports as a
           qualified tax-exempt category of private activity bonds.

           Memorials have no force of law, as they are mechanisms for formally petitioning the federal
           government to act on a particular subject.

           The memorial does not have a fiscal impact on the state or local governments.

    II.    Present Situation:

           Spaceports

           A spaceport is defined as any area of land or water, or any manmade object or facility located
           therein, developed by Space Florida, which area is intended for public use or for the launching,
           takeoff, and landing of spacecraft and aircraft, and includes any appurtenant areas which are used
           or intended for public use, for spaceport buildings, or for other spaceport facilities, spaceport
           projects, or rights-of-way.1 Spaceport territory includes certain real property located in:
                Brevard County which is included in the 1998 boundaries of Patrick Space Force Base,
                   Cape Canaveral Space Force Station and John F. Kennedy Space Center;
                Santa Rosa, Okaloosa, Gulf, and Walton Counties which is included in the 1997
                   boundaries of Eglin Air Force Base;
                Duval County which is included within the boundaries of Cecil Airport and Cecil
                   Commerce Center;
                Brevard County which is included within the boundaries of Space Coast Regional
                   Airport, Space Coast Regional Airport Industrial Park, and Spaceport Commerce Park;
                   and

1
    Section 331.303(17), F.S.
BILL: SM 370                                                                                                              Page 2

                 The state which is a spaceport licensed by the Federal Aviation Administration, as
                  designated by the Space Florida Board of Directors.2

         In 1999, space was designated as the fifth mode of transportation in Florida and spaceports as the
         associated modal facilities. The Florida Department of Transportation (FDOT) was given
         significant responsibilities related to aerospace3 and spaceports in Florida.4 Space Florida acts as
         Florida’s point of contact for state aerospace-related activities with federal agencies, the military,
         state agencies, businesses, and the private sector.5 The FDOT and Space Florida work together to
         plan and facilitate space transportation services on spaceport properties throughout the state.6
         Additionally, the FDOT, in consultation with Space Florida, is authorized to fund up to 100
         percent of a project at strategic spaceport launch support facilities if the following criteria have
         been met:
              Important access and on-spaceport and commercial launch facility capacity
                 improvements are provided;
              Capital improvements that strategically position the state to maximize opportunities in
                 international trade are achieved;
              Goals of an integrated intermodal transportation system for Florida are achieved; and
              Feasibility and availability of matching funds through federal, local, or private partners
                 are demonstrated.7

         The FDOT’s Spaceport Improvement Program (SIP) is designed to stimulate private sector
         investment and commercial spaceport development. The program provides funding for projects
         that:
              Improve aerospace transportation facilities;
              Encourage cooperation and integration of airports and spaceports; and
              Facilitate and promote inter-agency efforts to improve space transportation capacity and
                efficiency.8

         The SIP partners with commercial space launch and spacecraft operators for initiatives such as
         expanded commercial heavy lift; launch vehicle manufacturing in Florida; high volume Florida
         satellite production; upgraded small launch capability to meet multiple space user needs; crewed
         launches to the International Space Station; refurbish processing facilities; and support launch of



2
  Section 331.304, F.S.
3
  Section 331.303(1), F.S., defines aerospace as the technology and industry related to the design, manufacture, maintenance,
repair, and operation of aircraft or any other device intended to be used or designed for flight or reentry, including rockets,
missiles, spacecraft, satellites, space vehicles, space stations, space and aircraft facilities or components thereof, and related
equipment, systems, facilities, simulators, programs, and activities, including, but not limited to, the application of aerospace
and aviation technologies in air-based, land-based, space-based, and sea-based platforms for commercial, civil, and defense
purposes.
4
  Chapter 99-256, Laws of Fla. See also s. 331.360(1), F.S.
5
  Section 331.3011, F.S.
6
  Section 331.360, F.S.
7
  Section 331.371, F.S.
8
  Florida Department of Transportation, Spaceport Improvement Program, 2023-2024, p. iv, available at
https://www.spaceflorida.gov/wp-content/uploads/2023/10/SF0080.02DEL-FDOT-Spaceport-Handbook-Update-2023-
230426.pdf (last visited Dec. 4, 2023).
BILL: SM 370                                                                                                      Page 3

        new rockets for human transportation in space.9 Partners who have requested SIP funding
        include SpaceX, United Launch Alliance, Boeing, Blue Origin, OneWeb, Firefly, and others.10

        In performance year 2022, Space Florida recruited, retained, and expanded 15 space and
        aerospace related companies and nearly 6,000 jobs, as well as provided $4.3 million in funding
        for 30 research projects, partnerships, and grants. Additionally, 85 projects within Space
        Florida’s three stages of project development had an estimated value of $2.4 billion in capital
        investment and are located in 26 counties. Lastly, 989 payloads went into orbit, there were 39
        supported launches, and 384 tons of total payload mass went into orbit.11

        Private Activity Bonds

        State and local government bonds are classified under the federal tax code as either
        governmental bonds or private activity bonds.12 The tax code defines “private business” use as
        use (directly or indirectly) in a trade or business carried on by any person other than a
        governmental official.13 The interest on state and local governmental bonds is generally exempt
        from taxation; however, the interest on private activity bonds is not tax exempt.14 A state or local
        bond is a private activity bond if, as of the bond issue date or at any time while the bonds are
        outstanding, the bond issue exceeds the limits set forth in either:
              The private business tests in 26 U.S.C. §141(b), which consist of the private use test
                 private security and payment test; or
              The private loan financing test in 26 U.S.C. §141(c).15

        If the bond passes both conditions, the bonds are taxable and carry a higher interest rate.
        However, the bond could still qualify for tax-exempt status if the bond is identified in the tax
        code as a qualified private activity.16 Currently there are 30 qualified activities including airports,
        docks and wharves.17

        The federal government controls the amount of private activity bonds that are permitted to be
        issued in each state. Part VI of ch. 159, F.S., establishes statewide procedures for allocating
        Florida’s share of private activity bonds. Such allocation is referred to as the allocation of state
        volume limitation pursuant to s. 159.804, F.S. The Division of Bond Finance of the State Board
        of Administration is responsible for annually determining the amount of the private activity




9
  Id at p. 4.
10
   Id at p. 6.
11
   Space Florida, 2022 Annual Report, p. 9, available at https://www.spaceflorida.gov/wp-content/uploads/2023/01/Space-
Florida-FY22-Annual-Operating-Report.pdf (last visited Dec. 4, 2023).
12
   Congressional Research Service, Private Activity Bonds: An Introduction (January 31, 2022), p. 1, available at
https://crsreports.congress.gov/product/pdf/RL/RL31457 (last visited Dec. 4, 2023).
13
   26 U.S.C. §141-3.
14
   26 U.S.C. § 103.
15
   Internal Revenue Service, Tax-Exempt Private Activity Bonds (2019), p. 2, available at https://www.irs.gov/pub/irs-
pdf/p4078.pdf (last visited Dec. 4, 2023).
16
   Supra note 12 at 3
17
   26 U.S.C. § 142(a)(1) and (2). See Supra note 12 at 11 for the full list of qualified private activities.
BILL: SM 370                                                                                                Page 4

        bonds permitted for statewide allocation under the 1986 Internal Revenue Code, as amended. For
        2023, the total private activity bond allocation for Florida is $2.6 billion.18

        In Florida, access to private activity bonds is provided by the Florida Development Finance
        Corporation (FDFC),19 with the power to function within the corporate limits of any public
        agency with which it has entered into an interlocal agreement.20 The FDFC issues the bonds,
        which are purchased by a bank or investor(s). The proceeds from the sale are then loaned to
        finance capital projects. The interest on the bonds received by the investor is exempt from
        federal income tax.21

III.    Effect of Proposed Changes:

        The memorial urges Congress to add spaceports as a qualified tax-exempt category of private
        activity bonds.

        Copies of the memorial will be sent by Florida’s Secretary of State to the President of the United
        States, the President of the United States Senate, the Speaker of the United States House of
        Representatives, and each member of the Florida delegation to the United States Congress.

        Legislative memorials are not subject to the governor’s veto power. Memorials have no force of
        law, as they are mechanisms for formally petitioning the federal government to act on a
        particular subject.

IV.     Constitutional Issues:

        A.      Municipality/County Mandates Restrictions:

                Not applicable. The memorial does not require counties and municipalities to spend
                funds, reduce the counties’ or municipalities’ ability to raise revenue, or reduce the
                percentage of state tax shared with counties or municipalities.

        B.      Public Records/Open Meetings Issues:

                None.

        C.      Trust Funds Restrictions:

                None.




18
   State of Florida, Division of Bond Finance, 2023 PAB Allocation with Regional Map, available at
https://www.sbafla.com/bond/Portals/0/Content/2023%20PAB%20State%20Volume%20Cap%20Allocation%20By%20Pool
%20with%20MAP.pdf?ver=2022-12-28-130416-030 (last visited Dec. 4, 2023).
19
   See s. 288.9604, F.S. for the creation of the Corporation.
20
   Section 288.9605(1), F.S.
21
   Florida Development Finance Corporation, Private Activity Bonds, available at https://www.fdfcbonds.com/pab (last
visited Dec. 4, 2023).
 BILL: SM 370                                                                                                                         Page 5

        D.       State Tax or Fee Increases:

                 None.

        E.       Other Constitutional Issues:

                 None identified.

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 None.

        C.       Government Sector Impact:

                 None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        None.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2024                                         SM 370          Florida Senate - 2024                                         SM 370



       By Senator Wright




       8-00539-24                                                 2024370__          8-00539-24                                                 2024370__
1                               Senate Memorial                               30     Revenue Code, and
2           A memorial to the Congress of the United States,                  31          WHEREAS, this qualification will encourage more investment
3           urging Congress to add spaceports as a qualified tax-             32     in aerospace infrastructure, ensuring that this state remains at
4           exempt category of private activity bonds.                        33     the forefront of the space economy, and
5                                                                             34          WHEREAS, in the face of growing competition from China and
6           WHEREAS, commercial investment in space and space                 35     others, the aggressive development of infrastructure in Florida,
7      transportation is driving the requirements for spaceport sites,        36     the dominant state in the commercial space economy, is key to
8      operating environments, and infrastructure, and                        37     maintaining the United States’ leadership in space, and
9           WHEREAS, this state has acted decisively to integrate space       38          WHEREAS, currently, certain parts of operations at airports
10     transportation into the fabric of its statewide strategic              39     and docks and wharfs qualify for tax-exempt financing, NOW,
11     intermodal system, and                                                 40     THEREFORE,
12          WHEREAS, in 1999, state leaders made a landmark decision to       41
13     designate space as an official mode of transportation and              42     Be It Resolved by the Legislature of the State of Florida:
14     spaceports as the associated transportation facilities, which          43
15     gave space standing within the Department of Transportation            44          That the Congress of the United States is urged to add
16     similar to that of other long-established modes of                     45     spaceports as a qualified tax-exempt category of private
17     transportation, such as airports and docks and wharfs, and             46     activity bonds.
18          WHEREAS, space is not simply a program; it is a collection        47          BE IT FURTHER RESOLVED that the Secretary of State dispatch
19     of high-value destinations for freight and people, and these           48     copies of this memorial to the President of the United States,
20     destinations require safe, reliable, and sustainable                   49     the President of the United States Senate, the Speaker of the
21     transportation operating on market-driven schedules, and               50     United States House of Representatives, and each member of the
22          WHEREAS, in order for this state to become the planet’s           51     Florida delegation to the United States Congress.
23     premiere transportation hub for global space commerce; to
24     facilitate the logistics and transport of commodities,
25     materials, human crew, and robotic systems to operate facilities
26     in various orbits, at Earth-lunar waypoints, and on the moon;
27     and to become the primary port of entry into Earth’s marketplace
28     for products from space, spaceports should qualify as private
29     activity bonds financing-exempt facilities under the Internal

                                  Page 1 of 2                                                                   Page 2 of 2
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
                                                                         The Florida Senate

          ta - 5-a3          Date
                                                              APPEARANCE RECORD
                                                                       Deliver both copies of this form to
                                                                                                                              Bill Number orTopic

                                                                Senate professional staff conducting the meeting

                     Committee                                                                                         Amendment Barcode (if applicable)


Name                                                                                                     Phone


             \\3 fi Grtoop PN(
Address
           Street


             TI *
           City
                     trt- 3Jtot                       State
                                                               r                 zip
                                                                                                         Email




              Speakin                      !     Against !      lnformation OR                     Waive Speaking:   Support !      Against
                                                                                                   Y--


                                                              PLEASE CHECK ONE OF TH E FOLLOWING:
                                                                )
       lam appearing without                                  aW          a registered lobbyist,                      I am not a lobbyist, but received
       compensation or sponsorship.                                  representlng:                                    something of value for my appearance
                                                                                                                      (travel, meals, lodging, etc.),
                                                                                                                      sponsored by:




                                                               "qarzV\
This form is part of the public record for this meeting.                                                                                    s-oo1 (08/10/2021)
                                CourtSmart Tag Report                                                       2:11:42 PM
                                                                                                            2:11:46 PM
                                                                                                                         Lindsay Pierce, Space Florida, waives in support
                                                                                                                         Debate?
                                                                                                            2:11:48 PM   No Debate
                                                                                                            2:11:49 PM   Senator Wright closes on bill
Room: SB 110                       Case No.:                                Type:                           2:11:51 PM   Roll Call
Caption: Senate Committee on Commerce and Tourism                           Judge:                          2:11:57 PM   SM 370 reported favorably
                                                                                                            2:12:31 PM   Recording Paused
Started: 12/5/2023 2:02:36 PM                                                                               2:17:04 PM   Recording Resumed
Ends:    12/5/2023 2:34:43 PM        Length: 00:32:08                                                       2:18:13 PM   Tab 3, SB 204 Competition for the Sale of Event Ticket by Senator Brodeur
                                                                                                            2:19:13 PM   Chair Trumbull recognizes Senator Brodeur
2:02:35 PM    Chair Trumbull calls meeting to order                                                         2:19:14 PM   Senator Brodeur explains the bill
2:02:42 PM    CAA calls roll                                                                                2:21:15 PM   Chair Trumbull
2:02:50 PM    Quorum is present                                                                             2:21:20 PM   Questions?
2:02:58 PM    Chair Trumbull in opening comments                                                            2:21:48 PM   Senator Brodeur explains strike all amendment 173084
2:03:13 PM    Tab 2, SB 196 Regional Rural Development Grants Program by Senator Simon                      2:23:46 PM
2:03:37 PM    Chair Trumbull recognizes Senator Simon                                                       2:24:38 PM   No questions
2:04:06 PM    Senator Simon explains bill                                                                   2:24:53 PM   Senator Brodeur
2:04:15 PM    Questions?                                                                                    2:24:59 PM   Chair Trumbull
2:04:16 PM    No Questions                                                                                  2:25:38 PM
2:04:18 PM    Public Testimony                                                                              2:25:45 PM   Senator Rodriguez explains amendment 361308
2:04:18 PM    Mike Grissom, waives in support                                                               2:25:54 PM   Senator Rodriguez moves to withdraw amendment 361308
2:04:22 PM    No questions                                                                                  2:25:56 PM   Amendment 361308 withdrawn
2:04:22 PM    Jared Grigas, Fl Association of Counties, waives in support                                   2:26:00 PM
2:04:23 PM    Chair Trumbull                                                                                2:26:06 PM   No Questions amendment 173084
2:04:28 PM    Debate?                                                                                       2:26:08 PM   Public Testimony
2:04:33 PM    No Debate                                                                                     2:26:13 PM   Gerard O'Roarke, Vivid Seats, waiving in support
2:04:38 PM                                                                                                  2:26:20 PM   Matt Forest, Waiving in opposition
2:04:38 PM                                                                                                  2:26:24 PM   Ron Pierce, The Straz Center, waiving against
2:04:44 PM                                                                                                  2:26:25 PM   Ron Pierce, Tampa Bay Lighting, waiving against
2:04:44 PM    Roll Call                                                                                     2:26:26 PM   Ron Pierce, Tampa Sports Authority, waiving against
2:04:48 PM    Senator Simon closes on bill                                                                  2:26:27 PM   Ron Pierce, Florida Venue Managers Association, waiving against
2:04:50 PM    SB 196 reported favorably                                                                     2:26:56 PM   Matt Forest, Florida Entertainment & Arts Venues Association, waiving against
2:04:57 PM    Tab 4, SB 304 Household Moving Services by Senator Hooper                                     2:27:03 PM   Matt Forest, New York Yankees, waiving against
2:05:07 PM    Senator Hooper explains SB 304                                                                2:27:19 PM   David Touhey, Certified Venue Executive, speaking against
2:06:20 PM    Questions?                                                                                    2:31:36 PM
2:06:22 PM    No Questions                                                                                  2:31:55 PM   Kelly Mallefle, Hard Rock Stadium, waiving against
2:06:30 PM    Public Testimony                                                                              2:32:00 PM   Laura Dooley, Stub Hub, waiving in support
2:06:31 PM    Nick Mayor, AARP, waiving in support                                                          2:32:05 PM   No Debate
2:06:32 PM    Debate                                                                                        2:32:25 PM   Chair Trumbull
2:06:33 PM    No Debate                                                                                     2:32:54 PM   Chair Trumbull recognizes Senator Brodeur
2:06:43 PM    Senator Hooper closes on bill                                                                 2:33:03 PM   Senator Brodeur request for SB 204 to be postponed to Chair Trumbull
2:06:44 PM    Roll Call                                                                                     2:33:38 PM   Chair Trumbull postponed SB 204
2:06:59 PM    SB 304 reported favorably                                                                     2:33:52 PM   Chair Trumbull recognizes Senator Rodriguez
2:07:03 PM    Tab 1, SB 106 Acceptance of Cash Payments by Business by Senator Jones                        2:33:56 PM   Senator Rodriguez votes on SB 196, SB 304, SB 106
2:07:32 PM    Senator Jones explains the bill                                                               2:34:10 PM   Senator Torres moves to adjourned
2:08:16 PM    Questions?                                                                                    2:34:31 PM   Meeting adjourned
2:08:30 PM    No Questions
2:08:32 PM    Public Testimony
2:09:03 PM    Angela Bonds, Florida Retail Federation, Information
2:09:04 PM    Jess M. McCarty, Executive Assistant County Attorney, Miami Dade County, waiving in support
2:09:04 PM    Courtney Mooney, Fl Association of Counties, waiving in support
2:09:05 PM    Debate?
2:09:06 PM    No Debate
2:09:10 PM
2:09:14 PM    Senator Jones closes on bill
2:09:15 PM    Roll Call
2:09:27 PM    SB 106 reported favorably
2:09:38 PM    Tab 5, SM 370 Spaceports by Senator Wright
2:10:14 PM    Senator Wright explains SM 370
2:11:22 PM    Questions?
2:11:31 PM    No Questions
2:11:35 PM    Public Testimony


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