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Meeting Packet — Florida House Insurance & Banking Subcommittee (January 18, 2024)

Summary

Meeting packet of the Florida House of Representatives Commerce Committee Insurance & Banking Subcommittee for Thursday, January 18, 2024, with Wyman Duggan as Chair and Paul Renner as Speaker. The meeting agenda lists HB 605 Asset Protection Products by Tramont, HB 625 Property Insurance Coverage by Buchanan, HB 637 Treatment by a Medical Specialist by Yeager and HB 943 Pub. Rec./My Safe Florida Home Program by LaMarca. It also lists PCS for HB 311 – Securities and PCS for HB 939 -- Consumer Protection. The packet then begins with the House of Representatives staff analysis of HB 605, which describes licensing by the Office of Financial Regulations under the Motor Vehicle Sales Finance Act.

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Cite this document

“Meeting Packet — Florida House Insurance & Banking Subcommittee (January 18, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-18-3228-insurance-banking-subcommittee-meeting-packets-mtg1420-f9266ec59b/, SHA-256 7c6bd68d25b0728467aca191978a048c6b63896232fa0e0f4b55e4cf9eac32b6.

Full text

    Insurance & Banking Subcommittee
              Thursday, January 18, 2024
                 9:00 AM - 12:00 PM
                 Morris Hall (17 HOB)




                 Meeting Packet




Paul Renner                                Wyman Duggan
Speaker                                            Chair
                     The Florida House of Representatives
                                            Commerce Committee
                                  Insurance & Banking Subcommittee
Paul Renner                                                                                          Wyman Duggan
Speaker                                                                                                     Chair

                                                Meeting Agenda

                                         Thursday, January 18, 2024
                                            9:00 am – 12:00 pm
                                           Morris Hall (17 HOB)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

              •   HB 605 Asset Protection Products by Tramont

              •   HB 625 Property Insurance Coverage by Buchanan

              •   HB 637 Treatment by a Medical Specialist by Yeager

              •   HB 943 Pub. Rec./My Safe Florida Home Program by LaMarca

       Consideration of the following proposed committee substitute(s):

              •   PCS for HB 311 – Securities

              •   PCS for HB 939 -- Consumer Protection

 V.    Closing Remarks

VI.    Adjournment




                    303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                    (850) 717-4870
HB 605
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 605 Asset Protection Products
SPONSOR(S): Tramont
TIED BILLS:       IDEN./SIM. BILLS: SB 902

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Herrera            Lloyd

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee

                                             SUMMARY ANALYSIS
Under the Motor Vehicle Sales Finance Act, individuals, excluding banks, trust companies, savings and loan
associations, or credit unions authorized to operate in Florida, must obtain a license from the Office of
Financial Regulations (OFR) to conduct motor vehicle retail installment transactions.
Once an entity receives its licensing it is authorized to offer a retail installment contract. A retail installment
contract refers to an agreement where a seller retains or acquires a title or lien on a motor vehicle as security,
wholly or partially, for the buyer's obligations. When entering into a new retail installment contract, loan
contract, or lease agreement for a motor vehicle, a motor vehicle retail installment seller, sales finance
company, retail lessor, or any assignee may offer optional guaranteed asset protection products for a fee or
otherwise. The term guaranteed asset protection product refers to a provision in a loan, lease, or retail
installment contract, or a modification or addendum to such contracts, wherein a creditor agrees to exempt a
customer from liability for payment of any or all of the amount exceeding the collateral's value. Vehicle Value
Protection Agreement Act (VVPA) and excess wear agreements are not currently regulated by statute.
The bill makes changes related to asset protection products, including:
  Guaranteed Asset Protection Products: Limits coverage to cases of total damage or theft. Permits benefits
   such as waiving a part of the purchase price or providing credit for a replacement vehicle, with the option to
   offer these benefits at no additional cost. Changes to retail installment contracts include refunding buyers for
   terminated products, subject to a 90-day notification period and administrative fees. The bill also allows
   cancelation or noncancellation of products after a 30-day free look period, with refunds paid directly to the
   vehicle holder in specific circumstances.
  VVPA: Establishes a statutory framework for Vehicle Value Protection Agreements (VVPAs), defining them
   as agreements offering benefits to reduce finance agreement deficiency balances or facilitate the
   acquisition of replacement motor vehicles or services in adverse events. VVPAs are not considered
   insurance under the Florida Insurance Code and have specific financial security requirements. The bill
   imposes requirements for offering VVPAs, ensuring transparent pricing and non-contingent terms on credit
   extensions or motor vehicle transactions. Providers must adhere to insurance and financial reserve
   standards. Disclosure requirements include identifying information, agreement terms, cancelation details,
   and the non-conditionality of credit or vehicle sale/lease terms on VVPA purchase. The bill mandates
   specific terms in VVPAs, including cancelation conditions and refund details, with penalties for intentional
   violations outlined.
  Excess Wear and Use Waiver: Establishes that an excess wear and use waiver is a contractual
   agreement within a motor vehicle lease where the lessor, with or without an extra charge, agrees to cancel
   or waive amounts due under the lease for excessive wear, use, or mileage. Disclosure requirements
   include total charge, limitations, and cancellation terms with a possible administrative fee capped at $75.
The bill has no fiscal impact on local government, an indeterminate positive impact on state government
revenues and an indeterminate negative effect on expenditures, and an indeterminate economic impact on the
private sector.
This bill provides an effective date as of October 1, 2024.


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0605.IBS
DATE: 1/16/2024
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Office of Financial Regulation

          OFR is the regulatory authority for Florida’s financial services industry. 1 OFR reports to the Financial
          Services Commission (Commission) which is made up of the Governor and the members of the Florida
          Cabinet: the Chief Financial Officer (CFO), Attorney General (AG), and Agriculture Commissioner. 2
          OFR enforces and administers the Financial Institutions Codes; is responsible for supervising banks,
          credit unions, savings associations, and international bank agencies; and licenses and regulates non-
          depository finance companies and the securities industry.3

          Regulation of Consumer Finance

          The Division of Consumer Finance is responsible for licensing and overseeing different facets of non-
          depository financial services sectors.4 This includes the regulation of motor vehicle retail installment
          sellers, governed by Chapter 520 of the Florida Statutes.5 According to Chapter 520, Florida Statutes, it
          is imperative for individuals to hold a license before engaging in the motor vehicle retail installment
          seller business or operating a branch thereof.6

          Florida Motor Vehicle Retail Sales Finance Act

          Under the Motor Vehicle Sales Finance Act, individuals, excluding banks, trust companies, savings and
          loan associations, or credit unions authorized to operate in Florida, must obtain a license from the OFR
          to conduct motor vehicle retail installment transactions.7 Florida's Motor Vehicle Retail Sales Finance
          Act8 is administered by the Financial Services Commission. 9

          To obtain a license, an application must be submitted to the Office of Financial Regulation of the
          Financial Services Commission, adhering to the prescribed form.10 The Commission may request
          information essential for assessing eligibility, including details about officers, directors, control persons,
          members, partners, joint ventures, or individuals with a 10% or greater interest in the applicant.11 The
          Office may seek various information, such as names, age, social security numbers, residential history,
          qualifications, educational and business background, and disciplinary and criminal history. If approved,
          the license, valid for up to two years, will be issued.12 An initial application fee is required, and it is
          nonrefundable.13

          A licensed entity must transact business as a motor vehicle retail installment seller solely under its
          licensed name.14 Licenses granted under this act are neither transferable nor assignable.15


1 Florida Office of Financial Regulation, About Our Agency, https://flofr.gov/sitePages/AboutOFR.htm (last visited Jan. 16, 2024).
2 Id.
3 Id.

4 Florida Office of Financial Regulations, Agency Analysis of 2024 SB 902, p. 2 (Jan. 16, 2024).
5 Id.
6 Id.
7 S. 520.03(1), F.S.
8 S. 520.01, F.S.
9 Id. at (2). As to the regulations relating to motor vehicle sales finance, see Fla. Admin. Code R. 69V-50.001 to 69V-50.085. The FSC

is composed of the Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture. S. 20.121(3), F.S .
10 S.520.03(2), F.S.
11 Id.
12 Id.
13 Id.
14 S.520.03(4), F.S.
15 Id.

STORAGE NAME: h0605.IBS                                                                                                          PAGE: 2
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            Retail Installment Contracts

            Once an entity receives its licensing it is authorized to offer a retail installment contract. A retail
            installment contract refers to an agreement where a seller retains or acquires a title or lien on a motor
            vehicle as security, wholly or partially, for the buyer's obligations. 16 This includes conditional sales
            contracts and contracts for the bailment or leasing of a motor vehicle, where the bailee or lessee
            agrees to pay compensation equivalent to or exceeding the vehicle's value, with the option to become
            the owner upon full compliance with the contract's provisions. 17

            The contract must include, among other things, specific details such as a statement on the absence of
            liability insurance coverage for bodily injury and property damage, the names and addresses of the
            seller and buyer, a detailed description of the motor vehicle, including make, year, model, and
            identification number, as well as financial information like the amount financed, finance charge, total
            payments, total sale price, and the number, amount, and date of scheduled payments. 18

            Moreover, the seller is required to provide a separate written breakdown of the amount financed,
            disclosing the cash price, down payment, the difference between cash price and down payment,
            amounts for insurance and other benefits, and any taxes and official fees not covered in the cash
            price.19 This breakdown may be presented on a separate disclosure statement or within the same
            document as the contract, provided it is clearly and prominently segregated. 20

            Guaranteed Asset Protection Products

            When entering into a new retail installment contract, loan contract, or lease agreement for a motor
            vehicle, a motor vehicle retail installment seller, sales finance company, retail lessor, or any assignee
            may offer optional guaranteed asset protection products for a fee or otherwise. 21 The term guaranteed
            asset protection product refers to a provision in a loan, lease, or retail installment contract, or a
            modification/addendum to such contracts, wherein a creditor agrees to exempt a customer from liability
            for payment of any or all of the amount exceeding the collateral's value. 22 It is important to note that this
            product does not fall under the category of insurance as defined by the Florida Insurance Code. 23 This
            subsection is applicable to all guaranteed asset protection products issued before October 1, 2008. 24

            To offer guaranteed asset protection products, the motor vehicle retail installment seller, sales finance
            company, retail lessor, or assignee must adhere to the following25:
                     The cost of any guaranteed asset protection product should not exceed the amount of the
                       indebtedness.26
                     A guaranteed asset protection product is considered an obligation of any person acquiring
                       the loan contract covering the product.27
                     Entities providing guaranteed asset protection products must offer clear and understandable
                       disclosures detailing eligibility requirements, conditions, refunds, and exclusions. The
                       purchase of the product must be optional, and the disclosures should be in plain language
                       and easily readable.28
                     The entity must provide a copy of the executed guaranteed asset protection product contract
                       to the buyer, with the entity bearing the burden of proving the contract was provided. 29
16 S. 520.02(17), F.S.
17 Id.
18
     S. 520.07, F.S.
19 S. 520.07(3), F.S.
20 Id.
21
     S.520.07(11), F.S.
22
     S. 520.02(7), F.S.
23Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the Florida Insurance Code. See also s. 624.01,
F.S.
24 S. 520.02(7), F.S.
25 S. 520.07(11), F.S.
26 Id.
27 Id.
28 Id.
29 Id.

STORAGE NAME: h0605.IBS                                                                                            PAGE: 3
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                     Contracts for guaranteed asset protection products cannot include terms allowing the entity
                      to unilaterally modify the contract unless the modification benefits the buyer without
                      additional charges or the buyer is notified of any proposed changes and provided a
                      reasonable opportunity to cancel without penalty before the changes take effect. 30
                     If a contract for a guaranteed asset protection product is terminated, the entity must refund
                      any unearned fees paid by the buyer unless the contract specifies otherwise. To receive a
                      refund, the buyer must notify the entity of the termination event within 90 days and request a
                      refund. An entity may offer a contract without a refund provision only if a bona fide option for
                      a comparable contract with a refund provision is also offered to the buyer. 31

         Vehicle Value Protection Agreement

         A vehicle value protection agreement (agreement) is a contractual arrangement offering benefits when
         a vehicle owner replaces the vehicle during trade-in, in case of theft, or after an adverse event affecting
         the vehicle's value.32 An agreement that complies with the act is not considered insurance and is
         exempt from regulatory oversight as insurance.33 Vehicle Value Protection agreements is not currently
         regulated in Florida.

         Excess Wear and Use Coverage

         Excess wear and use coverage can be added to a lease agreement to protect lessees from incurring
         additional charges related to damages or excessive wear on the leased vehicle. 34 The liability under
         most open-end leases is influenced by the vehicle's wear, significantly impacting financial obligations.
         Excessive wear and tear, as defined in a lease agreement, refers to wear surpassing stipulated
         standards, often explicitly outlined and required to be reasonable. Similar to excess mileage, excessive
         wear and tear invariably diminishes the vehicle's value, whether leased or purchased. 35

         The assumed residual value in the lease is based on the expectation that the vehicle will be returned in
         a specified condition. This additional coverage typically addresses various issues such as dents,
         scratches, tire wear, interior stains, and more. It offers reassurance by relieving lessees of financial
         responsibility for the typical wear and tear on the vehicle.36 Excess wear and use coverage is not
         currently regulated in Florida.

         Effect of the Bill

         Guaranteed Asset Protection Products

         The bill limits guaranteed asset protection products covering a purchaser’s responsibility for paying the
         debt exceeding the collateral value in cases of total damage or unrecovered theft. It allows the product
         to offer benefits like waiving a part of the purchase price or providing a credit for a replacement motor
         vehicle. It also specifies that such agreements and benefits may be offered with or without additional
         cost to the purchaser.

         The bill introduces changes to retail installment contracts, including:
                  Refunding buyers for terminated guaranteed asset protection products, unless the contract
                      specifies otherwise. No refund is due if the buyer has received a benefit, and a 90-day
                      notification period is required.
                  Authorizing an administrative fee to be deducted from refunds of up to $75, except for
                      refunds following a 30-day free look period.

30 Id.
31 Id.
32 Colo. Rev. Stat. S. 42-21-101 (2023)
33 Id.
34 Board of Governors of the Federal Reserve System , More Information ab out Excessive Wear-and-Tear Charges,

https://www.federalreserve.gov/pubs/leasing/resource/consider/endopen_info10.htm (last visited Jan. 16, 2024).
35 Id.
36 Id.

STORAGE NAME: h0605.IBS                                                                                          PAGE: 4
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                  Allowing cancelation or noncancellation of guaranteed asset protection products after a
                   minimum 30-day free look period, provided no benefits are provided.
                  Directly paying refunds to the vehicle holder or its assignee for terminations due to default,
                   repossession, or contract termination, unless the retail installment contract is paid in full.

       Vehicle Value Protection Agreement Act (VVPA)

       The bill creates a statutory framework for VPPA. It provides relevant definitions for administrator,
       commercial, commission, contract holder, finance agreement, motor vehicle, provider, and vehicle
       value protection agreement. The bill defines VVPA as an agreement that provides:
                benefits for reducing the current finance agreement deficiency balance of the contract
                   holder; or
                facilitating the acquisition or leasing of a replacement motor vehicle or motor vehicle
                   services in case of adverse events such as loss, theft, damage, obsolescence, diminished
                   value, or depreciation.

       VVPAs are not insurance subject to the Florida Insurance Code and are not subject to financial security
       requirements except as specified in the bill.

       Further, the bill creates requirements for offering VVPA for personal use vehicles. VVPA can be
       offered, sold, or given to consumers as long as:
                Any amount charged or financed is clearly stated for the VVPA and is not considered a
                   finance charges or interest.
                The extension of credit, terms of credit, and terms of the related motor vehicle sale or lease
                   are not contingent upon the consumer's payment for or financing of any charge for a VVPA.
                   However, these agreements may be discounted or provided at no charge with the purchase
                   of noncredit-related goods or services.
                VVPA’s are sold only after providing the contract holder with access to a copy of the
                   agreement.

       Additionally, the sale of VVPA is prohibited if the coverage duplicates another VVPA for the same
       vehicle or a guaranteed asset protection product.
                Providers are required to:
                      o Insure all VVPA liabilities under a policy from an authorized insurer.
                      o Maintain a reserve account not less than 40 percent of gross consideration received,
                          less claims paid, for in-force contracts in the state.
                      o Maintain a net worth or stockholders' equity directly or via the worth of its parent
                          company of $100 million, providing financial statements upon request.

       The bill requires all VVPA to disclose the following:
                Identifying information of the provider, purchaser, and administrator;
                Explicit terms of the agreement, including purchase price, eligibility criteria, coverage
                   conditions, and exclusions;
                Notification that the contract is cancelable within a minimum 30-day free look period, with a
                   full refund if canceled during this time and no benefits have been provided;
                Procedure for obtaining benefits, cancelation conditions, and refund details; and
                Credit extension or vehicle sale/lease terms is not conditioned on VVPA purchase.

       The bill requires that all VVPA must incorporate the following terms:
                Precise terms and conditions for cancelation by either the provider or contract holder;
                Requirement for the provider to give a 5-day written notice before cancelation, stating the
                   effective date and reason, except in specific circumstances;
                Full refund by the provider if the agreement is canceled for reasons other than nonpayment,
                   deducting any claims paid if coverage continues after a claim; and
                Allowance for a reasonable administrative fee, not exceeding $75, by the provider.

STORAGE NAME: h0605.IBS                                                                                     PAGE: 5
DATE: 1/16/2024
       The bill specifies that any provider, administrators, or any individual intentionally violating Part II of ch.
       520, F.S., relating to VVPAs may be subject to fines not to exceed $500 per violation and no more than
       $10,000 for all violations of a similar nature.

       Excess Wear and Use Waiver

       The bill authorizes an excess wear and use waiver is a contractual agreement within a motor vehicle
       lease where the lessor, with or without an extra charge, agrees to cancel or waive amounts due under
       the lease for excessive wear, use, or mileage but the waiver agreement must disclose the following:
                The total charge for the waiver.
                Any exclusions or limitations on the amount of excess wear and use that the waiver covers.
                Terms, restrictions, and conditions for canceling the waiver before its termination or
                   expiration, including a potential administrative fee not exceeding $75.

   B. SECTION DIRECTORY:
       Section 1:         Amends s. 520.02, F.S., relating to definitions.
       Section 2:         Amends s. 520.07, F.S., relating to requirements and prohibitions as to retail installment
                          contracts.
       Section 3:         Redesignates parts II through VI of Ch. 520 as parts III through VII.
       Section 4:         Creates Part II of Ch. 520, F.S., relating to Vehicle Value Protection Agreements.
       Section 5:         Amends s. 521.003, F.S., relating to definitions.
       Section 6:         Creates s. 521.007, F.S., relating to extended wear and use waiver.
       Section 7:         Amends s. 24.118, F.S., relating to other prohibited acts; penalties.
       Section 8:         Amends s. 501.604, F.S., relating to exemptions.
       Section 9:         Amends s. 671.304, F.S., relating to laws not repealed; precedence where code
                          provisions in conflict with other laws; certain statutory remedies retained.
       Section 10:        Providing an effective date of October 1, 2024.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           State governments may experience a rise in revenue due to new penalty collections.

       2. Expenditures:
           State governments may face increased expenditures due to new administrative and enforcement
           costs.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Since GAP products will be limited to total loss cases, consumers may experience increased cost to
       obtain full coverage by now having to purchase a second product; i.e., both a GAP and a VVPA.
STORAGE NAME: h0605.IBS                                                                                        PAGE: 6
DATE: 1/16/2024
       Purchasers may experience savings where the products authorized by the bill cover losses that have
       not previously been provided for by an authorized product.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          The retroactive application to "related products" raises constitutional concerns, particularly regarding
          fairness and due process. Applying regulations retroactively without accompanying findings may
          infringe on individuals' rights to fair notice and protection against arbitrary government actions,
          posing potential constitutional issues.

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


   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Several concerns arise in the current draft of the bill. Questions surround the necessity and advisability
       of retroactively applying the sentence in lines 47-49 to "related products" without accompanying
       findings. Additionally, the definition of "holder" is provided on line 98, while "administrator" remains
       undefined; this prompts consideration for a parallel definition or potential removal. Ambiguity exists
       regarding the required license for issuing VVPAs or Excess Wear and Tear. Aligning the term "provider"
       in Part II to specify authorized licensees may enhance clarity. Inconsistencies between 520 Part I and
       Part II arise with the definition of "holder," necessitating alignment for consistency. The disclosure in
       520.1504 introduces a 30-day free look cancellation not found in 520.1503, suggesting a need for
       inclusion in Part II for coherence. Clarity is needed on the intended period of application for the $10,000
       limit in lines 276-283. Consider revisiting the titles of Chapter 521 to better reflect the addition of Motor
       Vehicle Lease Agreements. Finally, the provision in lines 374-383 could either expressly complement
       the 521.004 disclosure or be relocated for improved organization and coherence.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0605.IBS                                                                                      PAGE: 7
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           HB 605                                                                                                2024




    1                                         A bill to be entitled
    2               An act relating to asset protection products; amending
    3               s. 520.02, F.S.; revising the definition of the term
    4               "guaranteed asset protection product"; amending s.
    5               520.07, F.S.; providing that an entity may offer a
    6               buyer a contract that does not provide for a refund
    7               only if the entity also offers that buyer a bona fide
    8               option to purchase a comparable contract that provides
    9               for a refund; providing requirements for guaranteed
10                  asset protection products; creating a new part II of
11                  chapter 520, F.S., entitled "Vehicle Value Protection
12                  Agreements"; creating s. 520.1501, F.S.; providing a
13                  short title; creating s. 520.1502, F.S.; providing
14                  definitions; creating s. 520.1503, F.S.; providing
15                  requirements for offering vehicle value protection
16                  agreements for personal use vehicles; creating s.
17                  520.1504, F.S.; providing disclosure requirements;
18                  creating s. 520.1505, F.S.; exempting certain
19                  commercial transactions; creating s. 520.1506, F.S.;
20                  providing penalties for violations; amending s.
21                  521.003, F.S.; defining the term "excess wear and use
22                  waiver"; creating s. 521.007, F.S.; providing for
23                  extended wear and use waivers in motor vehicle lease
24                  agreements; providing requirements; amending ss.
25                  24.118, 501.604, and 671.304, F.S.; conforming

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        HB 605                                                                                                2024




26               provisions to changes made by the act; providing an
27               effective date.
28
29      Be It Enacted by the Legislature of the State of Florida:
30
31               Section 1.         Subsection (7) of section 520.02, Florida
32      Statutes, is amended to read:
33               520.02        Definitions.—In this act, unless the context or
34      subject matter otherwise requires:
35               (7)         "Guaranteed asset protection product" means a loan,
36      lease, or retail installment contract term, or modification or
37      addendum to a loan, lease, or retail installment contract, under
38      which a creditor agrees with or without a separate charge, to
39      cancel or waive a customer's liability for payment of some or
40      all of the amount by which the debt exceeds the value of the
41      collateral that has incurred total physical damage or is the
42      subject of an unrecovered theft. A guaranteed asset protection
43      product may also provide, with or without a separate charge, a
44      benefit that waives a portion of, or provides a customer with a
45      credit towards, the purchase of a replacement motor vehicle.
46      Such a product is not insurance for purposes of the Florida
47      Insurance Code. This subsection also applies to all guaranteed
48      asset protection and related products issued before October 1,
49      2008.
50               Section 2.         Paragraph (g) of subsection (11) of section

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        HB 605                                                                                                2024




51      520.07, Florida Statutes, is amended, and paragraphs (h) and (i)
52      are added to that subsection, to read:
53               520.07        Requirements and prohibitions as to retail
54      installment contracts.—
55               (11)        In conjunction with entering into any new retail
56      installment contract or contract for a loan, a motor vehicle
57      retail installment seller as defined in s. 520.02, a sales
58      finance company as defined in s. 520.02, or a retail lessor as
59      defined in s. 521.003, and any assignee of such an entity, may
60      offer, for a fee or otherwise, optional guaranteed asset
61      protection products in accordance with this chapter . The motor
62      vehicle retail installment seller, sales finance company, retail
63      lessor, or assignee may not require the purchase of a guaranteed
64      asset protection product as a condition for making the loan. In
65      order to offer any guaranteed asset protection product, a motor
66      vehicle retail installment seller, sales finance company, or
67      retail lessor, and any assignee of such an entity, shall comply
68      with the following:
69               (g)         If a contract for a guaranteed asset protection
70      product is terminated, the entity shall refund to the buyer any
71      unearned fees paid for the contract unless the contract provides
72      otherwise. A refund is not due to a consumer who receives a
73      benefit under such product. In order to receive a refund, the
74      buyer must notify the entity of the event terminating the
75      contract and request a refund within 90 days after the

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         HB 605                                                                                                2024




 76      occurrence of the event terminating the contract. An entity may
 77      offer a buyer a contract that does not provide for a refund only
 78      if the entity also offers that buyer a bona fide option to
 79      purchase a comparable contract that provides for a refund. An
 80      entity may offer a buyer a contract that does not provide for a
 81      refund only if the entity also offers that buyer a bona fide
 82      option to purchase a comparable contract that provides for a
 83      refund. Except for refunds pursuant to paragraph (h), an
 84      administrative fee deducted from a refund under this section may
 85      not exceed $75.
 86               (h)         Guaranteed asset protection products may be cancelable
 87      or noncancelable after a free look period, which is the period
 88      of time from the effective date of the contract until the date
 89      the contract may be canceled by the buyer without penalty, fees,
 90      or costs, so long as no benefits have been provided. This period
 91      may not be less than 30 days.
 92               (i)         If the termination of the guaranteed asset protection
 93      product occurs because of a default under the retail installment
 94      contract or contract for a loan, or the repossession of the
 95      motor vehicle associated with the retail installment contract or
 96      contract for a loan, or any other termination of the retail
 97      installment contract or contract for a loan, any refund due may
 98      be paid directly to the holder or administrator and applied as a
 99      reduction of the amount owed under the retail installment
100      contract or contract for a loan, unless the buyer can show that

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101      the retail installment contract has been paid in full.
102               Section 3.           Parts II through VI of chapter 520, Florida
103      Statutes, are redesignated as parts III through VII,
104      respectively.
105               Section 4.           Part II of chapter 520, Florida Statutes,
106      consisting of ss. 520.1501-520.1506, F.S., is created to read:
107                                                    Part II
108                                  Vehicle Value Protection Agreements
109               520.1501           Florida Vehicle Value Protection Agreements Act. —
110      This part may be cited as the "Vehicle Value Protection
111      Agreements Act."
112               520.1502           Definitions.—As used in this part, the term:
113               (1)         "Administrator" means the person responsible for the
114      administrative or operational function of vehicle value
115      protection agreements, including, but not limited to, the
116      adjudication of claims or benefit requests by contract holders.
117               (2)         "Commercial" means a transaction wherein the motor
118      vehicle will be primarily used for business or commercial
119      purposes.
120               (3)         "Commission" means the Financial Services Commission.
121               (4)         "Contract holder" means a person who is the purchaser
122      or holder of a vehicle value protection agreement.
123               (5)         "Finance agreement" means a loan, retail installment
124      sales contract, or lease for the purchase, refinancing, or lease
125      of a motor vehicle.

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126               (6)         "Motor vehicle" has the same meaning as in s. 316.003.
127               (7)         "Provider" means a person that is obligated to provide
128      a benefit under a vehicle value protection agreement. A provider
129      may perform as an administrator or retain the services of a
130      third-party administrator.
131               (8)         "Vehicle value protection agreement" includes a
132      contractual agreement that provides a benefit towards either the
133      reduction of some or all of the contract holder's current
134      finance agreement deficiency balance or the purchase or lease of
135      a replacement motor vehicle or motor vehicle services, upon the
136      occurrence of an adverse event to the motor vehicle, including,
137      but not limited to, loss, theft, damage, obsolescence,
138      diminished value, or depreciation. The agreements do not include
139      guaranteed asset protection products as described in s.
140      520.07(11)(h). Such an agreement is not insurance for the
141      purposes of the Florida Insurance Code.
142               520.1503           Requirements for offering vehicle value
143      protection agreements for personal use vehicles.—
144               (1)         Vehicle value protection agreements may be offered,
145      sold, or given to consumers in this state in compliance with
146      this part.
147               (2)         Notwithstanding any other provision of law, any amount
148      charged or financed for a vehicle value protection product must
149      be separately stated and is not to be considered a finance
150      charge or interest.

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151               (3)         The extension of credit, the terms of credit, and the
152      terms of the related motor vehicle sale or lease may not be
153      conditioned upon the consumer's payment for or financing of any
154      charge for a vehicle value protection agreement. However,
155      vehicle value protection agreements may be discounted or given
156      at no charge in connection with the purchase of other noncredit
157      related goods or services.
158               (4)         A provider may, but is not required to, use an
159      administrator or other designee who shall be responsible for any
160      and all of the administration of vehicle value protection
161      agreements in compliance with this part.
162               (5)         A vehicle value protection agreement shall not be sold
163      unless the contract holder has been or will be provided access
164      to a copy of the vehicle value protection agreement.
165               (6)         A vehicle value protection agreement may not be sold
166      if its coverage is duplicative of another vehicle value
167      protection agreement for the vehicle or of a guaranteed asset
168      protection product.
169               (7)         Each provider shall:
170               (a)         Insure all of its vehicle value protection agreements
171      under a policy that pays or reimburses in the event the provider
172      fails to perform its obligations under the vehicle value
173      protection agreement that is issued by an insurer licen sed or
174      otherwise authorized or eligible to do business in this state;
175               (b)         Maintain a funded reserve account for its obligations

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176      under its contracts issued and outstanding in this state. The
177      reserves shall not be less than 40 percent of gross
178      consideration received, less claims paid, on the sale of the
179      vehicle value protection agreement for all in-force contracts in
180      this state. The reserve shall be placed in a trust with the
181      commission a financial security deposit, having a value of not
182      less than 5 percent of the gross consideration received, less
183      claims paid, on the sale of the vehicle value protection
184      agreements for all vehicle value protection agreements issued
185      and in force in this state, but not less than $25,000,
186      consisting of one of the following:
187               1.       A surety bond issued by an authorized surety;
188               2.       Securities of the type eligible for deposit by insurers
189      pursuant to s. 625.52;
190               3.       Cash;
191               4       A letter of credit issued by a qualified financial
192      institution; or
193               5.       Another form of security prescribed by regulations
194      issued by the commission; or
195               (c)          Maintain, or together with its parent corporation
196      maintain, a net worth or stockholders' equity of $100 million;
197      and upon request, provide the commission with a copy of the
198      provider's or the provider's parent company's most recent Form
199      10-K or Form 20-F filed with the Securities and Exchange
200      Commission (SEC) within the last calendar year, or if the

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201      company does not file with the SEC, a copy of the company's
202      audited financial statements, which shows a net wor th of the
203      provider or its parent company of at least $100 million. If the
204      provider's parent company's Form 10-K, Form 20-F, or financial
205      statements are filed to meet the provider's financial security
206      requirement, then the parent company shall agree to guar antee
207      the obligations of the provider relating to vehicle value
208      protection agreements sold by the provider in this state.
209               (8)         Except for the requirements specified in subsection
210      (7), no other financial security requirements shall be required
211      for vehicle value protection agreement providers.
212               520.1504           Disclosures.—
213               (1)         Vehicle value protection agreements must disclose in
214      writing and in clear, understandable language that is easy to
215      read, the following:
216               (a)         The name and address of the provider, contract holder,
217      and administrator, if any.
218               (b)         The terms of the vehicle value protection agreement,
219      including, without limitation, the purchase price to be paid by
220      the contract holder, if any, the requirements for eligibility,
221      conditions of coverage, and exclusions.
222               (c)         That the vehicle value protection agreement may be
223      canceled by the contract holder within a free look period which
224      is the period of time from the effective date of the contract
225      until the date the contract may be canceled without penalty,

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226      fee, or costs. This period may not be less than 30 days. That,
227      in such event, the contract holder is entitled to a full refund
228      of the purchase price paid by the contract holder, if any, so
229      long as no benefits have been provided.
230               (d)         The procedure the contract holder must follow, if any,
231      to obtain a benefit under the terms and conditions of the
232      vehicle value protection agreement, including, if applicable, a
233      telephone number or website and address where the contract
234      holder may apply for a benefit.
235               (e)         Whether or not the vehicle value protection agreement
236      is cancellable after the free look period and the conditions
237      under which it may be canceled, including the procedures for
238      requesting any refund of the unearned purchase price paid by the
239      contract holder.
240               (f)         In the event of cancellation, the method for
241      calculating any refund of the unearned purchase price of the
242      vehicle value protection agreement due.
243               (g)         The extension of credit, the terms of the credit, and
244      the terms of the related motor vehicle sale or lease, may not be
245      conditioned upon the purchase of the vehicle value protection
246      agreement.
247               (2)         Vehicle value protection agreements shall state the
248      terms, restrictions, and conditions governing cancellation of
249      the vehicle value protection agreement before the termination or
250      expiration date of the vehicle value protection agreement by

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251      either the provider or the contract holder. The provider of the
252      vehicle value protection agreement shall mail a written notice
253      to the contract holder at the last known address of the contract
254      holder contained in the records of the provider at least 5 days
255      before cancellation by the provider. Prior notice is not
256      required if the reason for cancellation is nonpayment of the
257      provider fee, a material misrepresentation by the con tract
258      holder to the provider or administrator, or a substantial breach
259      of duties by the contract holder relating to the covered product
260      or its use. The notice shall state the effective date of the
261      cancellation and the reason for the cancellation. If a vehicle
262      value protection agreement is canceled by the provider for a
263      reason other than nonpayment of the provider fee, the provider
264      shall refund to the contract holder 100 percent of the unearned
265      pro rata provider fee paid by the contract holder, if any. If
266      coverage under the vehicle value protection agreement continues
267      after a claim, then any refund may deduct claims paid. A
268      reasonable administrative fee, not to exceed $75, may be charged
269      by the provider.
270               520.1505         Commercial transactions exempt.—Sections 520.1504
271      and 520.1606 do not apply to vehicle value protection agreements
272      offered in connection with a commercial transaction.
273               520.1506         Penalties.—Any provider, administrator, or any
274      other person who willfully and intentionally violates any
275      provision of this part commits a noncriminal violation, as

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276      defined in s. 775.08(3), punishable by a fine not to exceed $500
277      per violation and no more than $10,000 in the aggregate for all
278      violations of similar nature. For purposes of this section,
279      violations are of a similar nature if each violation consists of
280      the same or similar course of conduct, action, or practice,
281      irrespective of the number of times the conduct, action, or
282      practice, which is determined to be a violation of this part
283      occurred.
284               Section 5.           Section 521.003, Florida Statutes, is amended
285      to read:
286               521.003        Definitions.—As used in this chapter ss. 521.001-
287      521.006, the term:
288               (1)         "Adjusted or net capitalized cost" means the
289      capitalized cost, less any capitalized cost-reduction payments
290      made by the retail lessee at the inception of the lease
291      agreement. The adjusted or net capitalized cost shall serve as
292      the basis for calculating the amount of the retail lessee's
293      periodic payment under the lease agreement.
294               (2)         "Capitalized cost" means the agreed-upon total amount
295      which, after deducting any capitalized cost reductions, serves
296      as the basis for calculating the amount of the periodic payment
297      under the lease agreement. The capitalized cost may include,
298      without limitation:
299               (a)         Taxes.
300               (b)         Registration fees.

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301               (c)         License fees.
302               (d)         Insurance charges.
303               (e)         Charges for guaranteed auto protection or GAP
304      coverage.
305               (f)         Charges for service contracts and extended warranties.
306               (g)         Fees and charges for accessories and for installing
307      accessories.
308               (h)         Charges for delivery, service, and repair.
309               (i)         Administrative fees, acquisition fees, and any and all
310      fees or charges for providing services incidental to the lease
311      agreement.
312               (j)         The unpaid balance of any amount financed under an
313      outstanding motor vehicle loan agreement or motor vehicle retail
314      installment contract with respect to a motor vehicle used as a
315      trade-in.
316               (k)         The unpaid portion of the early termination obligation
317      under an outstanding lease agreement.
318               (l)         The first periodic payment due at the inceptio n of the
319      lease agreement.
320               (3)         "Capitalized cost reduction" means a payment made by
321      cash, check, credit card debit, net vehicle trade-in, rebate, or
322      other similar means in the nature of a down payment or credit,
323      made by the retail lessee at the inception of the lease
324      agreement, for the purpose of reducing the capitalized cost and
325      shall not include any periodic payments received by the retail

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326      lessor at the inception of the lease agreement.
327               (4)         "Excess wear and use waiver" means a contractual
328      agreement wherein a lessor agrees, with or without a separate
329      charge, to cancel or waive all or part of amounts that may
330      become due under a lease agreement as a result of excessive wear
331      and use of a motor vehicle, which agreement must be part of, or
332      a separate addendum to, the lease agreement. Such waivers may
333      also cancel or waive amounts due for excess mileage.
334               (5)(4)        "Lease agreement" means a written agreement entered
335      into in this state for the transfer from a retail lessor to a
336      retail lessee of the right to possess and use a motor vehicle in
337      exchange for consideration for a scheduled term exceeding 4
338      months, whether or not the retail lessee has the option to
339      purchase or otherwise become the owner of the motor vehicle upon
340      expiration of the agreement. The term does not include an
341      agreement which covers an absolute sale, a sale pending
342      approval, or a retail installment sale, including a transaction
343      or contract which is governed by the Motor Vehicle Retail Sales
344      Finance Act of Florida.
345               (6)(5)        "Lease transaction" means a presentation made to
346      the retail lessee concerning the motor vehicle, including a
347      sales presentation or a document presented to the retail lessee,
348      resulting in the execution of a lease agreement.
349               (7)(6)        "Motor vehicle" means a motor vehicle of the type
350      and kind required to be registered and titled under chapters 319

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351      and 320, excluding a recreational vehicle, moped, motorcycle
352      powered by a motor with a displacement of 50 cubic centimeters
353      or less, or a mobile home.
354               (8)(7)        "Retail lessee" means an individual who executes a
355      lease agreement for a motor vehicle from a retail lessor
356      primarily for personal, family, or household purposes.
357               (9)(8)        "Retail lessor" means a person who regularly
358      engages in the business of selling or leasing motor vehicles and
359      who offers or arranges a lease agreement for a motor vehicle.
360      The term includes an agent or affiliate who acts on behalf of
361      the retail lessor and excludes any assignee of the lease
362      agreement.
363               Section 6.         Section 521.007, Florida Statutes, is created
364      to read:
365               521.007        Extended wear and use waiver.—
366               (1)         A retail lessee may contract with a retail lessor for
367      an excess wear and use waiver in connection with a lease
368      agreement.
369               (2)         The terms of the related motor vehicle lease may not
370      be conditioned upon the consumer's payment for any extended wear
371      and use waiver. However, extended wear and use waivers may be
372      discounted or given at no charge in connection with the purchase
373      of other noncredit related goods.
374               (3)         A lease agreement that includes an excess wear and use
375      waiver must disclose:

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376               (a)         The total charge for the excess wear and use waiver.
377               (b)         Any exclusions or limitations on the amount of excess
378      wear and use that may be waived under the excess wear and use
379      waiver.
380               (c)         The terms, restrictions, and conditions governing
381      cancellation of the excess wear and use waiver before the
382      termination or expiration excess wear and use waiver, which may
383      include an administrative fee not to exceed $75.
384               (4)         Such a product is not insurance for purposes of the
385      Florida Insurance Code.
386               Section 7.         Subsection (1) of section 24.118, Florida
387      Statutes, is amended to read:
388               24.118        Other prohibited acts; penalties.—
389               (1)         UNLAWFUL EXTENSIONS OF CREDIT.—Any retailer who
390      extends credit or lends money to a person for the purchase of a
391      lottery ticket commits is guilty of a misdemeanor of the second
392      degree, punishable as provided in s. 775.082 or s. 775.083. This
393      subsection does shall not be construed to prohibit the purchase
394      of a lottery ticket through the use of a credit or charge card
395      or other instrument issued by a bank, savings association,
396      credit union, or charge card company or by a retailer pursuant
397      to part IV part III of chapter 520, provided that any such
398      purchase from a retailer shall be in addition to the purchase of
399      goods and services other than lottery tickets having a cost of
400      no less than $20.

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         HB 605                                                                                                2024




401               Section 8.         Subsection (13) of section 501.604, Florida
402      Statutes, is amended to read:
403               501.604        Exemptions.—The provisions of this part, except
404      ss. 501.608 and 501.616(6) and (7), do not apply to:
405               (13)        A commercial telephone seller licensed pursuant to
406      chapter 516 or part IV part III of chapter 520. For purposes of
407      this exemption, the seller must solicit to sell a consumer good
408      or service within the scope of his or her license and the
409      completed transaction must be subject to the provisions of
410      chapter 516 or part IV part III of chapter 520.
411               Section 9.         Paragraph (d) of subsection (2) of section
412      671.304, Florida Statutes, is amended to read:
413               671.304        Laws not repealed; precedence where code
414      provisions in conflict with other laws; certain statutory
415      remedies retained.—
416               (2)         The following laws and parts of laws are specifically
417      not repealed and shall take precedence over any provisions of
418      this code which may be inconsistent or in conflict therewith:
419               (d)         Chapter 520—Retail installment sales (Part I, Motor
420      Vehicle Sales Finance Act; Part IV Part III, Retail Installment
421      Sales Act; Part V Part IV, Installment Sales Finance Act).
422               Section 10.            This act shall take effect October 1, 2024.




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                        INSURANCE & BANKING SUBCOMMITTEE

                                   HB 605 by Rep. Tramont
                                  Asset Protection Products

                                   AMENDMENT SUMMARY
                                      January 18, 2024

Amendment 1 by Rep. Tramont (Line 48): The amendment makes technical changes,
including consolidating the bill’s provisions into a single Part of the current Chapter 520, rather
than creating a new part of the chapter and an additional chapter of Florida Statute.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 605    (2024)
       Amendment No.1




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


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative Tramont offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 48-421 and insert:
 7     asset protection products issued before October 1, 2008.
 8          Section 2.    Paragraph (g) of subsection (11) of section
 9     520.07, Florida Statutes, is amended, and paragraphs (h) and (i)
10     are added to that subsection, to read:
11          520.07    Requirements and prohibitions as to retail
12     installment contracts.—
13          (11)   In conjunction with entering into any new retail
14     installment contract or contract for a loan, a motor vehicle
15     retail installment seller as defined in s. 520.02, a sales
16     finance company as defined in s. 520.02, or a retail lessor as
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 605   (2024)
       Amendment No.1


17     defined in s. 521.003, and any assignee of such an entity, may
18     offer, for a fee or otherwise, optional guaranteed asset
19     protection products in accordance with this chapter. The motor
20     vehicle retail installment seller, sales finance company, retail
21     lessor, or assignee may not require the purchase of a guaranteed
22     asset protection product as a condition for making the loan. In
23     order to offer any guaranteed asset protection product, a motor
24     vehicle retail installment seller, sales finance company, or
25     retail lessor, and any assignee of such an entity, shall comply
26     with the following:
27          (g)   If a contract for a guaranteed asset protection
28     product is terminated, the entity shall refund to the buyer any
29     unearned fees paid for the contract unless the contract provides
30     otherwise. A refund is not due to a consumer who receives a
31     benefit under such product. In order to receive a refund, the
32     buyer must notify the entity of the event terminating the
33     contract and request a refund within 90 days after the
34     occurrence of the event terminating the contract. An entity may
35     offer a buyer a contract that does not provide for a refund only
36     if the entity also offers that buyer a bona fide option to
37     purchase a comparable contract that provides for a refund. An
38     entity may not deduct more than $75 in administrative fees from
39     a refund made under this subsection.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 605     (2024)
       Amendment No.1


40          (h)   Guaranteed asset protection products may be cancelable
41     or noncancelable after a free-look period as defined in s.
42     520.152.
43          (i)   If the termination of the guaranteed asset protection
44     product occurs because of a default under the retail installment
45     contract or contract for a loan, the repossession of the motor
46     vehicle associated with the retail installment contract or
47     contract for a loan, or any other termination of the retail
48     installment contract or contract for a loan, the entity may pay
49     any refund due directly to the holder or administrator and apply
50     the refund as a reduction of the amount owed under the retail
51     installment contract or contract for a loan, unless the buyer
52     can show that the retail installment contract has been paid in
53     full.
54          Section 3.     Section 520.151, Florida Statutes, is created
55     to read:
56          520.151     Florida Vehicle Value Protection Agreements Act.—
57     Sections 520.151-520.156 may be cited as the "Florida Vehicle
58     Value Protection Agreements Act."
59          Section 4.     Section 520.152, Florida Statutes, is created
60     to read:
61          520.152     Definitions.—As used in ss. 520.151-520.156,
62     unless the context or subject matter otherwise requires, the
63     term:


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 605   (2024)
       Amendment No.1


64          (1)   "Administrator" means the person who is responsible
65     for the administrative or operational function of managing
66     vehicle value protection agreements, including, but not limited
67     to, the adjudication of claims or benefit requests by contract
68     holders.
69          (2)   "Commercial transaction" means a transaction in which
70     the motor vehicle subject to the transaction is used primarily
71     for business or commercial purposes.
72          (3)   "Contract holder" means a person who is the purchaser
73     or holder of a vehicle value protection agreement.
74          (4)   "Finance agreement" means a loan, retail installment
75     sales contract, or lease for the purchase, refinancing, or lease
76     of a motor vehicle.
77          (5)   "Free-look period" means the period of time,
78     commencing on the effective date of the contract, during which
79     the buyer may cancel the contract for a full refund of the
80     purchase price. This period may not be shorter than 30 days.
81          (6)   "Motor vehicle" has the same meaning as provided in s.
82     520.02.
83          (7)   "Provider" means a person that is obligated to provide
84     a benefit under a vehicle value protection agreement. A provider
85     may function as an administrator or retain the services of a
86     third-party administrator.
87          (8)   "Vehicle value protection agreement" includes a
88     contractual agreement that provides a benefit toward either the
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 605   (2024)
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 89     reduction of some or all of the contract holder's current
 90     finance agreement deficiency balance or the purchase or lease of
 91     a replacement motor vehicle or motor vehicle services upon the
 92     occurrence of an adverse event to the motor vehicle, including,
 93     but not limited to, loss, theft, damage, obsolescence,
 94     diminished value, or depreciation. The term does not include
 95     guaranteed asset protection products as defined in s. 520.02.
 96     Such a product is not insurance for purposes of the Florida
 97     Insurance Code.
 98          Section 5.     Section 520.153, Florida Statutes, is created
 99     to read:
100          520.153     Requirements and prohibitions as to vehicle value
101     protection agreements.—
102          (1)    Vehicle value protection agreements may be offered,
103     sold, or given to consumers in this state in compliance with
104     this act.
105          (2)    Notwithstanding any other law, any amount charged or
106     financed for a vehicle value protection agreement is not
107     considered a finance charge or interest and must be separately
108     stated in the finance agreement and in the vehicle value
109     protection agreement.
110          (3)    The extension of credit, the terms of credit, or the
111     terms of the related motor vehicle sale or lease may not be
112     conditioned upon the consumer's payment for or financing of any
113     charge for a vehicle value protection agreement. However, a
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 605   (2024)
        Amendment No.1


114     vehicle value protection agreement may be discounted or given at
115     no charge in connection with the purchase of other noncredit -
116     related goods or services.
117          (4)   A provider may use an administrator or other designee
118     to administer a vehicle value protection agreement.
119          (5)   A vehicle value protection agreement may not be sold
120     or given to any person unless he or she has been or will be
121     provided access to a copy of such vehicle value protection
122     agreement at a reasonable time after such vehicle value
123     protection agreement is sold or given.
124          (6)   A vehicle value protection agreement may not be sold
125     or given if coverage is duplicative of another vehicle value
126     protection agreement sold or given to a person or duplicative of
127     a guaranteed asset protection product.
128          (7)   Each provider shall do one of the following:
129          (a)   Insure all of its vehicle value protection agreements
130     under a policy that pays or reimburses the contract holder in
131     the event the provider fails to perform its obligations under
132     the vehicle value protection agreement. The insurer must be
133     licensed or otherwise authorized or eligible to do business in
134     this state.
135          (b)   Maintain a funded reserve account for its obligations
136     under its contracts issued and outstanding in this state. The
137     reserves may not be less than 40 percent of gross consideration
138     received, less claims paid, on the sale of the vehicle value
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                                                    Bill No. HB 605      (2024)
        Amendment No.1


139     protection agreement for all in-force contracts in this state.
140     The reserve must be placed in trust with the office and have a
141     financial security deposit valued at not less than 5 percent of
142     the gross consideration received, less claims paid, on the sale
143     of the vehicle value protection agreements for all vehicle value
144     protection agreements issued and in force in this s tate, but at
145     least $25,000. The reserve account must consist of one of the
146     following:
147          1.    A surety bond issued by an authorized surety.
148          2.    Securities of the type eligible for deposit by insurers
149     as provided in s. 625.52.
150          3.    Cash.
151          4.    A letter of credit issued by a qualified financial
152     institution.
153          (c)     Maintain, or together with its parent corporation
154     maintain, a net worth or stockholders' equity of $100 million
155     and, upon request, provide the office with a copy of the
156     provider's or the provider's parent company's Form 10-K or Form
157     20-F filed with the Securities and Exchange Commission within
158     the last calendar year, or if the company does not file with the
159     Securities and Exchange Commission, a copy of the company's
160     audited financial statements, which must show a net worth of the
161     provider or its parent company of at least $100 million. If the
162     provider's parent company's Form 10-K, Form 20-F, or financial
163     statements are filed to meet the provider's financial security
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                                                    Bill No. HB 605      (2024)
        Amendment No.1


164     requirement, the parent company must agree to guarantee the
165     obligations of the provider relating to vehicle value protection
166     agreements sold by the provider in this state.
167          (8)     A financial security requirement other than those
168     imposed in subsection (7) may not be imposed on vehicle value
169     protection agreement providers.
170          Section 6.     Section 520.154, Florida Statutes, is created
171     to read:
172          520.154     Disclosures.—
173          (1)     A vehicle value protection agreement must disclose in
174     writing, in clear, understandable language, all of the
175     following:
176          (a)     The name and address of the provider, contract holder,
177     and administrator, if any.
178          (b)     The terms of the vehicle value protection agreement,
179     including, but not limited to, the purchase price to be paid by
180     the contract holder, if any, the requirements for eligib ility
181     and conditions of coverage, and any exclusions.
182          (c)     Whether the vehicle value protection agreement may be
183     canceled by the contract holder during a free-look period as
184     defined in s. 520.152, and that, in the event of cancellation,
185     the contract holder is entitled to a full refund of the purchase
186     price, if any, so long as no benefits have been provided.
187          (d)     The procedure the contract holder must follow, if any,
188     to obtain a benefit under the terms and conditions of the
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                                                    Bill No. HB 605      (2024)
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189     vehicle value protection agreement, including, if applicable, a
190     telephone number, website, or mailing address where the contract
191     holder may apply for a benefit.
192          (e)     Whether the vehicle value protection agreement is
193     cancelable after the free-look period and the conditions under
194     which it may be canceled, including the procedures for
195     requesting any refund of the unearned purchase price paid by the
196     contract holder. In the event that the agreement is cancelable,
197     it must include the methodology for calculating any refund due
198     of the unearned purchase price of the vehicle value protection
199     agreement.
200          (f)     That the extension of credit, the terms of the credit,
201     or the terms of the related motor vehicle sale or lease may not
202     be conditioned upon the purchase of the vehicle value protection
203     agreement.
204          (2)     A vehicle value protection agreement must state the
205     terms, restrictions, or conditions governing cancellation of the
206     vehicle value protection agreement before the termination or
207     expiration date of the vehicle value protection agreement by
208     either the provider or the contract holder. The provider of the
209     vehicle value protection agreement shall mail a written notice
210     to the contract holder at the last known address of the contract
211     holder contained in the records of the provider at least 5 days
212     before cancellation by the provider, which notice must state the
213     effective date of the cancellation and the reason for the
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                                                    Bill No. HB 605   (2024)
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214     cancellation. However, such prior notice is not required if the
215     reason for cancellation is nonpayment of the provider fee, a
216     material misrepresentation by the contract holder to the
217     provider or administrator, or a substantial breach of duties by
218     the contract holder relating to the covered motor vehicle or its
219     use. If a vehicle value protection agreement is canceled by the
220     provider for a reason other than nonpayment of the provider fee,
221     the provider must refund to the contract holder 100 percent of
222     the unearned pro rata provider fee paid by the contract holder,
223     if any. If coverage under the vehicle value protection agreement
224     continues after a claim, any refund may reflect a deduction for
225     claims paid and, at the discretion of the provider, an
226     administrative fee of not more than $75.
227          Section 7.     Section 520.155, Florida Statutes, is created
228     to read:
229          520.155     Commercial transactions exempt.—Sections 520.154
230     and 520.156 do not apply to vehicle value protection agreements
231     offered in connection with a commercial transaction.
232          Section 8.     Section 520.156, Florida Statutes, is created
233     to read:
234          520.156     Penalties.—A provider, an administrator, or any
235     other person who willfully and intentionally violates ss.
236     520.151-520.155 commits a noncriminal violation as defined in s.
237     775.08(3), punishable by a fine not to exceed $500 per violation
238     and not more than $10,000 in the aggregate for all violations of
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 605   (2024)
        Amendment No.1


239     a similar nature. For purposes of this section, the term
240     "violations of a similar nature" means violations that consist
241     of the same or similar course of conduct, action, or practice,
242     irrespective of the number of times the action, conduct, or
243     practice determined to be a violation of ss. 520.151-520.155
244     occurred.
245          Section 9.     Section 520.157, Florida Statutes, is created
246     to read:
247          520.157     Excess wear and use waiver.—
248          (1)    For purposes of this section, the term "excess wear
249     and use waiver" means a contractual agreement wherein a lessor
250     agrees, regardless of whether subject to a separate fee, to
251     cancel or waive all or part of amounts that may become due under
252     a lease agreement as a result of excess wear and use of a motor
253     vehicle, which agreement must be part of, or a separate addendum
254     to, the lease agreement. Such waivers may also cancel or waive
255     amounts due for excess mileage.
256
257
258           -----------------------------------------------------
259                          T I T L E   A M E N D M E N T
260          Remove lines 5-27 and insert:
261     520.07, F.S.; prohibiting certain entities from deducting more
262     than a specified amount in administrative fees when providing a
263     refund of a guaranteed asset protection product; authorizing
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 605   (2024)
        Amendment No.1


264     guaranteed asset protection products to be cancelable or
265     noncancelable under certain circumstances; authorizing certain
266     entities to pay refunds directly to the holder or administrator
267     of a loan under certain circumstances; creating s. 520.151,
268     F.S.; providing a short title; creating s. 520.152, F.S.;
269     defining terms; creating s. 520.153, F.S.; authorizing the
270     offer, sale, or gift of vehicle value protection agreements in
271     compliance with a certain act; specifying a requirement
272     regarding the amount charged or financed for a vehicle value
273     protection agreement; prohibiting the conditioning of credit
274     offers or terms for the sale or lease of a motor vehicle upon a
275     consumer's payment for or financing of any charge for a vehicle
276     value protection agreement; authorizing discounting or giving
277     the vehicle value protection agreement at no charge under
278     certain circumstances; authorizing providers to use an
279     administrator or other designee for administration of vehicle
280     value protection agreements; prohibiting vehicle value
281     protection agreements from being sold under certain
282     circumstances; specifying financial security requirements for
283     providers; prohibiting additional financial security
284     requirements from being imposed on providers; creating s.
285     520.154, F.S.; requiring vehicle value protection agreements to
286     include certain disclosures in writing, in clear and
287     understandable language; requiring vehicle value protection
288     agreements to state the terms, restrictions, or conditions
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 605   (2024)
        Amendment No.1


289     governing cancellation by the provider or the contract holder;
290     specifying requirements for notice by the provider, ref und of
291     fees, and deduction of fees in the event the vehicle value
292     protection agreement is canceled; creating s. 520.155, F.S.;
293     providing an exemption for vehicle value protection agreements
294     in connection with a commercial transaction; creating s.
295     520.156, F.S.; providing noncriminal penalties; defining the
296     term "violations of a similar nature"; creating s. 520.157,
297     F.S.; defining the term "excess wear and use waiver";
298     authorizing a retail lessee to contract with a retail lessor for
299     an excess wear and use waiver; prohibiting conditioning the
300     terms of the consumer's motor vehicle lease on his or her
301     payment for any excess wear and use waiver; authorizing
302     discounting or giving the excess wear and use waiver at no
303     charge under certain circumstances; requiring certain
304     disclosures for a lease agreement that includes an excess wear
305     and use waiver; providing construction; providing an effective
306     date.




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HB 625
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 625 Property Insurance Coverage
SPONSOR(S): Buchanan
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  2) Commerce Committee


                                                     SUMMARY ANALYSIS

Citizens Property Insurance Corporation (Citizens): Citizens is Florida’s property insurer of last resort.
Citizens currently writes multiperil and wind-only policies within its three accounts, subject to applicants
meeting eligibility criteria. However, Citizens is prohibited from issuing wind-only policies to commercial lines
residential condominiums when 50 percent or more of the units in the condominium are rented more than eight
times per calendar year for less than 30 days in each rental period (short-term rentals).

The bill eliminates the prohibition on Citizens’ eligibility for condominiums that are currently ineligible for wind-
only coverage due to short-term rental status. These condominiums become eligible for wind-only coverage
from Citizens at its current rate for commercial residential condominiums.

Roof Inspections: Insurers may not refuse to issue or refuse to renew a homeowners’ policy insuring a
residential structure with a roof that is less than 15 years old solely because of the age of the roof. For a roof
that is at least 15 years old, an insurer must allow a homeowner to have a roof inspection performed by an
authorized inspector at the homeowners’ expense before requiring a homeowner to replace a roof as a
condition of issuing or renewing a homeowners’ insurance policy. Additionally, if an inspection of the roof
performed by an authorized inspector shows that the roof has at least 5 years of useful life remaining, the
insurer may not refuse to issue or renew a homeowners’ policy solely because of roof age. Current law does
not require that authorized inspectors use a particular form to complete the roof inspection.

The bill requires that authorized inspectors conducting roof inspections to determine the remaining useful life
on a residential roof use a specific form. An authorized inspector may also provide an appendix to this form
which includes pictures or other documentation to demonstrate the remaining useful life of the roof.

Loss Assessment Coverage: Loss assessment coverage is insurance coverage for condominium unit
owners that provides protection for situations where the owner of a condominium unit, as the owner of shared
property, is held financially responsible for certain occurrences. Florida law requires that property insurance
policies held by condominium unit owners include a minimum property loss assessment coverage of $2,000 for
all assessments made because of the same direct loss to the condominium property.

The bill provides that property insurance policies issued to residential condominium unit owners on or after July
1, 2024, must contain at least $5,000 in property loss assessment coverage.

The bill has no impact on local or state government revenues or expenditures. It has an indeterminate positive
and negative direct economic impact on the private sector.

The bill is effective on July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0625.IBS
DATE: 1/16/2024
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Citizens Property Insurance Corporation (Citizens)

        Background

        Citizens Property Insurance Corporation (Citizens) is a state-created, not-for-profit, tax-exempt
        governmental entity whose public purpose is to provide property insurance coverage to those unable to
        find affordable coverage in the voluntary admitted market.1 Citizens is not a private insurance
        company.2 It is commonly known as Florida’s insurer of last-resort since eligibility is partly determined
        on the risk not being able to be placed in the voluntary, admitted market at an affordable rate. Citizens
        offers property insurance through three different accounts: a personal lines account, a commercial lines
        account, and a coastal account.

        The policies that Citizens writes within these three accounts include the following:
            Standard Personal Lines Policies – comprehensive multiperil policies providing full coverage of
               residential property equivalent to the coverage provided in the private insurance market;
            Basic Personal Lines Policies – similar to dwelling fire policies that provide coverage meeting
               the requirements of the secondary mortgage market, but are more limited in coverage than
               under a standard policy;
            Commercial Lines Residential and Nonresidential Policies – generally similar to the basic perils
               of full coverage obtainable for commercial residential structures and commercial nonresidential
               structures in the private market;
            Personal Lines and Commercial Lines Residential Property Insurance Policies – cover the peril
               of wind only;
            Commercial Lines Nonresidential Property Insurance Policies – cover the peril of wind only.3

        Citizens’ eligibility criteria sometimes allow it to issue policies that cover wind losses only (wind-only
        policies) when it is unable to issue a multiperil policy. However, under current law, Citizens is prohibited
        from issuing wind-only policies to commercial lines residential condominiums when 50 percent or more
        of the units in the condominium are rented more than eight times per calendar year for less than 30
        days in each rental period.4 Condominium owners have complained that due to this prohibition they are
        unable to obtain coverage from any insurers other than surplus lines insurers, which is typically more
        expensive than coverage from admitted insurers or Citizens. 5

        Effect of the Bill

        The bill eliminates the prohibition on Citizens’ eligibility for condominiums that are currently ineligible for
        wind-only coverage due to short-term rental status. These condominiums become eligible for wind-only
        policies from Citizens at its current rate for commercial residential condominiums.




1 The term “admitted market” means insurance companies     licensed to transact insurance in Florida.
2 S. 627.351(6)(a)1., F.S.
3 S. 627.351(6)(c)1., F.S.
4 These types of rentals are commonly referred to as short-term rentals.
5 See s. 626.913, F.S. Surplus lines rates must be noncompetitive with those of admitted insurers. S. 626.916, F.S.
STORAGE NAME: h0625.IBS                                                                                               PAGE: 2
DATE: 1/16/2024
         Roof Inspections

         Background

         Homeowners increasingly complained about insurers’ refusal to write or renew their policies based
         upon the age of the roofs on their homes, even when inspections showed that the roofs had useful life
         remaining.6 Homeowners also indicated that insurers refused to issue or renew policies unless they
         replaced roofs that are more than a certain number of years old. As a result, the Legislature
         implemented statutory prohibitions on property insurers canceling or nonrenewing policies solely based
         upon the age and condition of roofs.7

         Insurers may not refuse to issue or refuse to renew a homeowners’ policy insuring a residential
         structure with a roof that is less than 15 years old solely because of the age of the roof. 8 For a roof that
         is at least 15 years old, an insurer must allow a homeowner to have a roof inspection performed by an
         authorized inspector at the homeowners’ expense before requiring a homeowner to replace a roof as a
         condition of issuing or renewing a homeowners’ insurance policy. 9 Additionally, if an inspection of the
         roof performed by an authorized inspector shows that the roof has at least 5 years of useful life
         remaining, the insurer may not refuse to issue or renew a homeowners’ policy solely because of roof
         age.10 The age of the roof is determined using either:

                 The last date for which 100 percent of the roof’s surface was built or replaced in compliance
                  with the building code in effect at the time, or
                 The the initial date of a partial roof replacement when subsequent partial builds or replacements
                  were completed that resulted in 100 percent of the roof’s surface being built or replaced.11

         At present, the law does not require that authorized inspectors use a particular form to complete the
         roof inspection.

         Effect of the Bill

         The bill requires that authorized inspectors conducting roof inspections to determine the remaining
         useful life on a residential roof use the roof inspection form titled Commercial Roof Condition Inspection
         Form (CL-RCF-1 07 17).12 It also allows an authorized inspector to provide an appendix to this form
         which includes pictures or other documentation to demonstrate the remaining useful life of the roof.

         Loss Assessment Coverage

         Background

         Loss assessment coverage is insurance coverage for condominium unit owners that provides
         protection for situations where the owner of a condominium unit, as the owner of shared property, is
         held financially responsible for:

                   Deductibles owed when a claim is made under a condominium association’s property insurance
                    policy;
                   Damage that occurs to the condominium building or the common areas of a condominium
                    property; or


6 See e.g., Lawrence Mower, Progressive Stops Renewing Some Home Policies in Florida as Lawmakers Target Roof Claims , Tampa
Bay Times (Feb. 8, 2022), https://www.tampabay.com/news/florida-politics/2022/02/08/progressive-stops-renewing-some-home-
policies-in-florida-as-lawmakers-target-roof-claims/ (last visited Jan. 13, 2024).
7 Ch. 2022-268,     Laws of Fla.
8 S. 627.7011(5),    F.S.
9 Id.
10 Id.
11 Id.
12 This is a form issued, and used by, Citizens.
STORAGE NAME: h0625.IBS                                                                                                PAGE: 3
DATE: 1/16/2024
                Injuries that occur in the common areas of a condominium property. 13

         Florida law requires that property insurance policies held by condominium unit owners include a
         minimum property loss assessment coverage of $2,000 for all assessments made because of the same
         direct loss to the condominium property.14 The law further establishes that the maximum amount of any
         unit owner’s coverage that can be assessed for any loss is an amount equal to the unit owner’s loss
         assessment coverage limit in effect one day before the date of an occurrence that gave rise to the
         loss.15 This coverage is applicable to any loss assessment regardless of the date of assessment by a
         condominium association.16

         Effect of the Bill

         The bill provides that property insurance policies issued to residential condominium unit owners on or
         after July 1, 2024, must contain at least $5,000 in property loss assessment coverage.

     B. SECTION DIRECTORY:

         Section 1. Amends s. 627.351, F.S., relating to insurance risk apportionment plans.

         Section 2. Amends s. 627.7011, F.S., relating to homeowners’ policies; offer of replacement cost
                    coverage and law and ordinance coverage.

         Section 3. Amends s. 627.714, F.S., relating to residential condominium unit owner coverage; loss
                    assessment coverage required.

         Section 4. Provides an effective date of July 1, 2024.

                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:

             None.

         2. Expenditures:

             None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:

             None.

         2. Expenditures:

             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:



13
   The Balance, Loss Assessment Explained for Condo Insurance, https://www.thebalance.com/loss-assessment-explained-for-condo-
insurance-4060435 (last visited Jan. 13, 2024).
14 S. 627.714(1), F.S.
15 S. 627.714(2), F.S.

16 Id.
STORAGE NAME: h0625.IBS                                                                                                PAGE: 4
DATE: 1/16/2024
       The bill will have a positive direct economic impact on condominium owners. Current owners of
       condominiums that are ineligible for coverage from Citizens because of short-term rentals, and are
       likely obtaining more expensive insurance from the surplus lines market, will be able to obtain coverage
       from Citizens. Additionally, condominium owners will receive the benefit of an increase in the loss
       assessment coverage provided by their property insurance policies if their policies do not already
       contain $5,000 in loss assessment coverage. However, this increase in coverage may result in an
       indeterminate increase in premiums.

   D. FISCAL COMMENTS:

       None.

                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       Section 2 (Lines 160-178): This section of the bill requires the use of a commercial roof inspection
       form for the inspection of the roof of a residential structure. If the section is intended to require the use
       of a particular form for the inspection of a residential roof, the title of the form should be changed.
       However, if the form title is correct and the section of the bill is meant to correct an issue with
       commercial roof inspections, then the bill should be amended to put the form title in a statute
       addressing commercial roof inspections. An amendment is suggested to correct this inconsistency.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0625.IBS                                                                                       PAGE: 5
DATE: 1/16/2024
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           HB 625                                                                                                2024




    1                                          A bill to be entitled
    2               An act relating to property insurance coverage;
    3               amending s. 627.351, F.S.; removing provisions
    4               relating to ineligibility of commercial lines
    5               residential condominiums for wind-only coverage by
    6               Citizens Property Insurance Corporation under certain
    7               circumstances; amending s. 627.7011, F.S.; requiring
    8               authorized inspectors to use a specified inspection
    9               form for roof inspections; authorizing such inspectors
10                  to provide appendices to the inspection forms for a
11                  specified purpose; amending s. 627.714, F.S.;
12                  increasing property loss assessment coverages under
13                  condominium unit owners' residential property
14                  policies; providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                  Section 1.         Paragraph (a) of subsection (6) of section
19         627.351, Florida Statutes, is amended to read:
20                  627.351        Insurance risk apportionment plans.—
21                  (6)         CITIZENS PROPERTY INSURANCE CORPORATION.—
22                  (a)         The public purpose of this subsection is to ensure
23         that there is an orderly market for property insurance for
24         residents and businesses of this state.
25                  1.      The Legislature finds that private insurers are

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        HB 625                                                                                                2024




26      unwilling or unable to provide affordable property insurance
27      coverage in this state to the extent sought and needed. The
28      absence of affordable property insurance threatens the public
29      health, safety, and welfare and likewise threatens the economic
30      health of the state. The state therefore has a compelling pu blic
31      interest and a public purpose to assist in assuring that
32      property in the state is insured and that it is insured at
33      affordable rates so as to facilitate the remediation,
34      reconstruction, and replacement of damaged or destroyed property
35      in order to reduce or avoid the negative effects otherwise
36      resulting to the public health, safety, and welfare, to the
37      economy of the state, and to the revenues of the state and local
38      governments which are needed to provide for the public welfare.
39      It is necessary, therefore, to provide affordable property
40      insurance to applicants who are in good faith entitled to
41      procure insurance through the voluntary market but are unable to
42      do so. The Legislature intends, therefore, that affordable
43      property insurance be provided and that it continue to be
44      provided, as long as necessary, through Citizens Property
45      Insurance Corporation, a government entity that is an integral
46      part of the state, and that is not a private insurance company.
47      To that end, the corporation shall strive to increase the
48      availability of affordable property insurance in this state,
49      while achieving efficiencies and economies, and while providing
50      service to policyholders, applicants, and agents which is no

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        HB 625                                                                                                2024




51      less than the quality generally provided in the voluntary
52      market, for the achievement of the foregoing public purposes.
53      Because it is essential for this government entity to have the
54      maximum financial resources to pay claims following a
55      catastrophic hurricane, it is the intent of the Legislature that
56      the corporation continue to be an integral part of the state and
57      that the income of the corporation be exempt from federal income
58      taxation and that interest on the debt obligations issued by the
59      corporation be exempt from federal income taxation.
60               2.      The Residential Property and Casualty Joint
61      Underwriting Association originally created by this statute
62      shall be known as the Citizens Property Insurance Corporation.
63      The corporation shall provide insurance for residential and
64      commercial property, for applicants who are entitle d, but, in
65      good faith, are unable to procure insurance through the
66      voluntary market. The corporation shall operate pursuant to a
67      plan of operation approved by order of the Financial Services
68      Commission. The plan is subject to continuous review by the
69      commission. The commission may, by order, withdraw approval of
70      all or part of a plan if the commission determines that
71      conditions have changed since approval was granted and that the
72      purposes of the plan require changes in the plan. For the
73      purposes of this subsection, residential coverage includes both
74      personal lines residential coverage, which consists of the type
75      of coverage provided by homeowner, mobile home owner, dwelling,

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         HB 625                                                                                                2024




 76      tenant, condominium unit owner, and similar policies; and
 77      commercial lines residential coverage, which consists of the
 78      type of coverage provided by condominium association, apartment
 79      building, and similar policies.
 80               3.      With respect to coverage for personal lines residential
 81      structures:
 82               a.      Effective January 1, 2014, a structure that has a
 83      dwelling replacement cost of $1 million or more, or a single
 84      condominium unit that has a combined dwelling and contents
 85      replacement cost of $1 million or more, is not eligible for
 86      coverage by the corporation. Such dwellings insured by the
 87      corporation on December 31, 2013, may continue to be covered by
 88      the corporation until the end of the policy term. The office
 89      shall approve the method used by the corporation for valuing the
 90      dwelling replacement cost for the purposes of this subparagraph.
 91      If a policyholder is insured by the corporation before being
 92      determined to be ineligible pursuant to this subparagraph and
 93      such policyholder files a lawsuit challenging the determination,
 94      the policyholder may remain insured by the corporation until the
 95      conclusion of the litigation.
 96               b.      Effective January 1, 2015, a structure that has a
 97      dwelling replacement cost of $900,000 or more, or a single
 98      condominium unit that has a combined dwelling and contents
 99      replacement cost of $900,000 or more, is not eligible for
100      coverage by the corporation. Such dwellings insured by the

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         HB 625                                                                                                2024




101      corporation on December 31, 2014, may continue to be covered by
102      the corporation only until the end of the policy term.
103               c.      Effective January 1, 2016, a structure that has a
104      dwelling replacement cost of $800,000 or more, or a single
105      condominium unit that has a combined dwelling and contents
106      replacement cost of $800,000 or more, is not eligible for
107      coverage by the corporation. Such dwellings insured by the
108      corporation on December 31, 2015, may continue to be covered by
109      the corporation until the end of the policy term.
110               d.      Effective January 1, 2017, a structure that has a
111      dwelling replacement cost of $700,000 or more, or a single
112      condominium unit that has a combined dwelling and contents
113      replacement cost of $700,000 or more, is not eligible for
114      coverage by the corporation. Such dwellings insured by the
115      corporation on December 31, 2016, may continue to be covered by
116      the corporation until the end of the policy term.
117
118      The requirements of sub-subparagraphs b.-d. do not apply in
119      counties where the office determines there is not a reasonable
120      degree of competition. In such counties a personal lines
121      residential structure that has a dwelling replacement cost of
122      less than $1 million, or a single condominium unit that has a
123      combined dwelling and contents replacement cost of less than $1
124      million, is eligible for coverage by the corporation.
125               4.      It is the intent of the Legislature that policyholders,

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         HB 625                                                                                                2024




126      applicants, and agents of the corporation receive service and
127      treatment of the highest possible level but never less than that
128      generally provided in the voluntary market. It is also intended
129      that the corporation be held to service standards no less than
130      those applied to insurers in the voluntary market by the office
131      with respect to responsiveness, timeliness, customer courtesy,
132      and overall dealings with policyholders, applicants, or agents
133      of the corporation.
134               5.a.        Effective January 1, 2009, a personal lines
135      residential structure that is located in the "wind-borne debris
136      region," as defined in s. 1609.2, International Building Code
137      (2006), and that has an insured value on the structure of
138      $750,000 or more is not eligible for coverage by the corporation
139      unless the structure has opening protections as required under
140      the Florida Building Code for a newly constructed residential
141      structure in that area. A residential structure is deemed to
142      comply with this sub-subparagraph if it has shutters or opening
143      protections on all openings and if such opening protections
144      complied with the Florida Building Code at the time they were
145      installed.
146               b.      Any major structure, as defined in s. 161.54(6)(a),
147      that is newly constructed, or rebuilt, repaired, restored, or
148      remodeled to increase the total square footage of finished area
149      by more than 25 percent, pursuant to a permit applied for after
150      July 1, 2015, is not eligible for coverage by the corporation if

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         HB 625                                                                                                2024




151      the structure is seaward of the coastal construction control
152      line established pursuant to s. 161.053 or is within the Coastal
153      Barrier Resources System as designated by 16 U.S.C. ss. 3501 -
154      3510.
155               6.      With respect to wind-only coverage for commercial lines
156      residential condominiums, effective July 1, 2014, a condominium
157      shall be deemed ineligible for coverage if 50 percent or more of
158      the units are rented more than eight times in a calendar year
159      for a rental agreement period of less than 30 days.
160               Section 2.          Paragraph (c) of subsection (5) of section
161      627.7011, Florida Statutes, is amended to read:
162               627.7011           Homeowners' policies; offer of replacement cost
163      coverage and law and ordinance coverage.—
164               (5)
165               (c)         For a roof that is at least 15 years old, an insurer
166      must allow a homeowner to have a roof inspection performed by an
167      authorized inspector at the homeowner's expense before requiring
168      the replacement of the roof of a residential structure as a
169      condition of issuing or renewing a homeowner's insurance policy.
170      The insurer may not refuse to issue or refuse to renew a
171      homeowner's insurance policy solely because of roof age if an
172      inspection of the roof of the residential structure performed by
173      an authorized inspector indicates that the roof has 5 years or
174      more of useful life remaining. An authorized inspector must use
175      the Commercial Roof Condition Inspection Form (CL-RCF-1 07 17).

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         HB 625                                                                                                2024




176      An authorized inspector may provide an appendix to this form
177      which includes pictures or other documentation to demonstrate
178      the remaining useful life of the roof.
179               Section 3.         Subsection (1) of section 627.714, Florida
180      Statutes, is amended to read:
181               627.714        Residential condominium unit owner coverage; loss
182      assessment coverage required.—
183               (1)         For policies issued or renewed on or after July 1,
184      2024 2010, coverage under a unit owner's residential property
185      policy must include at least $5,000 $2,000 in property loss
186      assessment coverage for all assessments made as a result of the
187      same direct loss to the property, regardless of the number of
188      assessments, owned by all members of the association
189      collectively if such loss is of the type of loss covered by the
190      unit owner's residential property insurance policy, to which a
191      deductible of no more than $250 per direct property loss
192      applies. If a deductible was or will be applied to other
193      property loss sustained by the unit owner resulting from the
194      same direct loss to the property, no deductible applies to the
195      loss assessment coverage.
196               Section 4.         This act shall take effect July 1, 2024.




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                       INSURANCE & BANKING SUBCOMMITTEE

                                HB 625 by Rep. Buchanan
                               Property Insurance Coverage

                                 AMENDMENT SUMMARY
                                    January 18, 2023

Amendment 1 by Rep. Buchanan (Line 155): The amendment:
•   Establishes that rates charged by Citizens Property Insurance Corporation (Citizens) for
    wind-only policies issued to condominiums that are primarily used as short-term rentals are
    not subject to the rate glide path generally applied to Citizens’ policies.
•   Requires the use of specified roof condition inspection forms issued by Citizens and
    approved by the Office of Insurance Regulation.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 625    (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative Buchanan offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 155-178 and insert:
 7          6. Beginning with the implementation of the
 8     corporation's next annual rate change on or after August 1,
 9     2024, if the corporation writes a commercial lines residential
10     condominium wind-only policy for a condominium where 50 percent
11     or more of the units are rented more than eight times in a
12     calendar year for a rental agreement period of less than 30
13     days, the rate charged for such policy is not subject to the
14     provisions of subparagraph (n)5 With respect to wind-only
15     coverage for commercial lines residential condominiums,
16     effective July 1, 2014, a condominium shall be deemed ineligible
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 625     (2024)
       Amendment No. 1


17     for coverage if 50 percent or more of the units are rented more
18     than eight times in a calendar year for a rental agreement
19     period of less than 30 days.
20          Section 2.    Paragraph (c) of subsection (5) of section
21     627.7011, Florida Statutes, is amended to read:
22          627.7011     Homeowners' policies; offer of replacement cost
23     coverage and law and ordinance coverage.—
24          (5)
25          (c)   For a roof that is at least 15 years old, an insurer
26     must allow a homeowner to have a roof inspection performed by an
27     authorized inspector at the homeowner's expense before requiring
28     the replacement of the roof of a residential structure as a
29     condition of issuing or renewing a homeowner's insu rance policy.
30     The insurer may not refuse to issue or refuse to renew a
31     homeowner's insurance policy solely because of roof age if an
32     inspection of the roof of the residential structure performed by
33     an authorized inspector indicates that the roof has 5 year s or
34     more of useful life remaining. An authorized inspector must use
35     the personal roof condition inspection form issued by Citizens
36     Property Insurance Corporation and approved by the office. An
37     authorized inspector may provide an appendix to this form which
38     includes pictures or other documentation to demonstrate the
39     remaining useful life of the roof.
40          Section 3.    Section 627.7014, Florida Statutes, is created
41     to read:
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 625   (2024)
       Amendment No. 1


42          627.7014     Commercial roof inspections.
43          (1)    For the purposes of this section, the term "authorized
44     inspector" has the same meaning as s. 627.7011.
45          (2)    An authorized inspector inspecting the roof of a
46     commercial structure must use the commercial roof condition
47     inspection form issued by Citizens Property Insurance
48     Corporation and approved by the office. An authorized inspector
49     may provide an appendix to this form which includes pictures or
50     other documentation to demonstrate the remaining useful life of
51     the roof.
52
53
54           -----------------------------------------------------
55                          T I T L E   A M E N D M E N T
56          Remove lines 3-11 and insert:
57     amending s. 627.351, F.S.; creating eligibility criteria for
58     commercial lines residential wind-only condominium coverage by
59     Citizens Property Insurance Corporation under certain
60     circumstances; amending s. 627.7011, F.S.; requiring authorized
61     inspectors to use a specified inspection form for roof
62     inspections; authorizing such inspectors to provide appendices
63     to the inspection forms for a specified purpose; creating s.
64     627.7014, F.S.; requiring authorized inspectors to use a
65     specified inspection form for roof inspections; authorizing such


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 625   (2024)
       Amendment No. 1


66     inspectors to provide appendices to the inspection forms for a
67     specified purpose; amending s. 627.714, F.S.;




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HB 637
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 637 Treatment by a Medical Specialist
SPONSOR(S): Yeager
TIED BILLS:       IDEN./SIM. BILLS: SB 808

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Herrera            Lloyd

  2) Appropriations Committee

  3) Commerce Committee


                                          SUMMARY ANALYSIS
Florida’s Workers’ Compensation Law (WC Law) requires employers to provide injured employees all
medically necessary remedial treatment, care, and attendance for such period as the nature of the injury or the
process of recovery may require. The Department of Financial Services, Division of Workers’ Compensation
(DFS), provides regulatory oversight of Florida’s workers’ compensation system, including the workers’
compensation health care delivery system. The law specifies certain reimbursement formulas and
methodologies to compensate workers’ compensation health care providers that provide medical services to
injured employees.

If a firefighter, law enforcement officer, correctional officer, or correctional probation officer becomes disabled
by tuberculosis, heart disease, or hypertension, Florida law presumes that the disease has been contracted in
the line of duty, subject to certain limitations, and is therefore compensable under workers compensation law,
unless the contrary can be shown by competent evidence.

To be eligible for this legal presumption, the officer or firefighter must have taken a pre-employment physical
exam that failed to reveal any evidence of tuberculosis, heart disease, or hypertension.

The bill permits firefighters, law enforcement officer, correctional officers, or correctional probation officer
requiring medical treatment for a compensable presumptive condition to seek treatment from a medical
specialist. The treatment provided by the medical specialist should be reasonable, necessary, and related to
tuberculosis, heart disease, or hypertension.

Also, the bill increases the maximum reimbursement for a medical specialist licensed under Chapter 458 or
Chapter 459, from 110% to 200% of the reimbursement allowed by Medicare.

The bill has no fiscal impact on state or local government revenues, an indeterminate negative impact of state
and local government expenditures, and an indeterminate positive economic impact on the private sector.

The bill has an effective date of October 1, 2024.




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

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Qualifications for Employment as a Firefighter, Law Enforcement, Correctional, or Probation Officer

        Florida law sets forth the minimum requirements for any person to be employed or appointed in a full-
        or part-time capacity, or in an auxiliary capacity, as a law enforcement officer, correctional officer, or
        correctional probation officer; or to be appointed as an auxiliary correctional officer by a private entity
        contracting with the Department of Corrections.

        To become a law enforcement, correctional, or correctional probation officer, an applicant must satisfy
        age, education, and citizenship requirements; complete a training course; pass a certification exam;
        pass a criminal background check; and pass a physical examination. 1

        The physical examination requires screening for evidence of tuberculosis, heart disease, or
        hypertension.2

        In addition to law enforcement, correctional, and correctional probation officers, the presumption
        applies to firefighters working for any unit of Florida government. 3

        Workers’ Compensation Presumption

        A legal presumption makes it easier for an employee to obtain workers’ compensation benefits by
        shifting the burden of proof in a disability determination from the employee to the employer. 4

        In general, occupational diseases are compensable if:

                        A condition peculiar to the occupation causes the disease;
                        The employee contracts the disease on the job;
                        The job is associated with a particular hazard of the disease;
                        The incidence of the disease is substantially higher in the occupation than in the public;
                        The nature of the employment was a major contributing cause of the disease; and
                        Epidemiological studies show that exposure to the specific substance involved, at the levels
                         to which the employee was exposed, may cause the precise disease sustained by the
                         employee.5

        Florida law includes a presumption that treats tuberculosis, heart disease, or hypertension as an
        occupational disease associated with firefighters, law enforcement officers, correctional officers, and
        correctional probation officers. If these employees become temporarily or partially disabled by
        tuberculosis, heart disease, or hypertension, the law presumes that the employee contracted the
        disease in the line of duty unless the contrary can be shown by competent evidence. 6




1 S. 943.13, F.S.
2 S. 943.13(6), F.S.
3 Ss. 112.18(1)(a)  and 175.231, F.S.
4 Caldwell v. Division of Retirement, Florida Dept. of Administration, 372 So. 2d 438, (Fla. 1979).
5 S. 440.151(2), F.S.
6 Ss. 112.18(1)(a) and 175.231, F.S.
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           However, firefighters, law enforcement officers, correctional officers, and correctional probation officers
           are entitled to the presumption only if the officer passed a pre-employment physical exam that failed to
           reveal any evidence of tuberculosis, heart disease, or hypertension. 7

           If the employee’s pre-employment physical failed to reveal any evidence of disease, the employee must
           demonstrate the he or she suffers from tuberculosis, heart disease, or hypertension, but does not have
           to present evidence of causation that is typically required to demonstrate that an occupational disease
           is compensable.8

           To overcome the statutory presumption, the employer must present clear and convincing evidence that
           the disease was caused by a non-work-related event or exposure.9

           Pre-Employment Physicals

           To be employed as a law enforcement, correctional, or correctional probation officer, an applicant must
           pass a physical exam.10 The law that establishes minimum employment standards states that such
           officers are eligible for the presumption of s. 112.18, F.S., only if the physical exam fails to reveal any
           evidence of tuberculosis, heart disease, or hypertension.11

           To enroll in firefighting training courses and be certified as a firefighter, an applicant must be in good
           physical condition, as determined by a doctor or nurse practitioner.12 The law does not mention specific
           screening for tuberculosis, heart disease, or hypertension. The medical professional must certify that
           the applicant is medically fit to engage in firefighting training and does not have any pre-existing or
           current condition, illness, injury, or deficiency.13

           Division of Workers’ Compensation

            Florida’s Workers’ Compensation Law 14 requires employers to provide injured employees all medically
            necessary remedial treatment, care, and attendance for such period as the nature of the injury or the
            process of recovery may require.15 DFS provides regulatory oversight of Florida’s workers’
            compensation system, including the workers’ compensation health care delivery system. The law
            specifies certain reimbursement formulas and methodologies to compensate workers’ compensation
            health care providers 16 that provide medical services to injured employees. Where a reimbursement
            amount or methodology is not specifically included in statute, the Three-Member Panel is authorized to
            annually adopt statewide schedules of maximum reimbursement allowances (MRAs) to provide uniform
            fee schedules for the reimbursement of various medical services. 17 DFS incorporates the MRAs
            approved by the Three-Member Panel in reimbursement manuals 18 through the rulemaking process
            provided by the Administrative Procedures Act.19 In 2023, CS/CS/HB 487 eliminated the authority of the
            Three-Member Panel to adopt MRA’s for individually licensed health care providers, work-hardening
            programs, pain programs, and durable medical equipment providers. 20 Instead, it mandates DFS to

7 S. 112.18(1)(a),  F.S.
8  McDonald v. City of Jack sonville, 286 So. 3d 792 (Fla. 1st DCA 2019), citing Walters v. State, DOC/Div. of Risk
Management, 100 So. 3d 1173 (Fla. 1st DCA 2019), rehearing denied, review denied 108 So. 3d 654 (The presumption is
an adequate substitute for evidence of occupational causation, and compels the legal result that a claimant has proven
occupational causation).
9 Butler v. City of Jack sonville, 980 So. 2d 1250 (Fla. 1st DCA 2008).
10 S. 943.13(6), F.S.
11 Id.
12 S. 633.412(5), F.S.
13 Rule 69A-37.037 and Form DFS-K3-1022.
14
     Ch. 440, F.S.
15 S. 440.13(2)(a), F.S.
16 The term “health care provider” includes a physician or any recognized practitioner licensed to provide skilled services purs uant to a

prescription or under the supervision or direction of a physician. It also includes any hospital licensed under chapter 395 and any health
care institution licensed under chapter 400 or chapter 429. S. 440.13(1)(g), F.S.
17 S. 440.13(12), F.S.
18 Ss. 440.13(12) and (13), F.S., and Ch. 69L-7, F.A.C.
19 Ch. 120, F.S.

20 Ch. 2023-144,     Laws of Fla.
STORAGE NAME: h0637.IBS                                                                                                            PAGE: 3
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         annually publish the maximum reimbursement allowance for physician and non-hospital
         reimbursements on its website by July 1st , effective the following January 1st .21

         Medical Services

         DWC is responsible for ensuring that employers provide medically necessary treatment, care, and
         attendance for injured workers. Healthcare providers must receive authorization from the insurer before
         providing treatment and submit treatment reports to the insurer. Insurers must reimburse healthcare
         providers based on statewide schedules of maximum reimbursement allowances developed by the
         DWC or an agreed-upon contract price. DWC mediates utilization and reimbursement disputes. 22

         Eligibility for the Workers’ Compensation Presumption

         In a disputed workers’ compensation determination, the legal presumption does not apply if a law
         enforcement, correctional, or correctional probation officer:

                      Departed from the course of treatment prescribed by his or her physician, resulting in a
                       significant aggravation of the disease or disability or need for medical treatment; or
                      Was previously compensated for the disabling disease and departed from the treatment
                       prescribed by his or her physician, resulting in disability or increasing the disability or need
                       for medical treatment.23

         To be eligible for workers’ compensation benefits, a law enforcement officer, correctional officer, or
         correctional probation officer must make a claim for benefits prior to or within 180 days of leaving the
         employment or the employing agency.24

         Firefighters are not subject to the exclusion for prior treatment or compensation and they are not
         covered by the claim-fling deadline that lets a law enforcement officer, correctional officer or
         correctional probation officer file a claim up to 180 days after leaving the employment.

         Thus, a firefighter suffering from tuberculosis, heart disease, or hypertension must advise his or her
         employer of the injury within 90 days of the initial manifestation of the disease or 90 days after the
         firefighter obtains a medical opinion that the injury (occupational disease) is due to the nature of the
         firefighter’s employment.25

         Reimbursement for Healthcare Providers

         A three-member panel (panel), consisting of the Chief Financial Officer (CFO) or their designee and
         two Governor’s appointees, sets the MRAs. 26 Beginning with rates developed in 2024 and implemented
         with rates effective January 1, 2025, health care providers and non-hospital rates are annually
         published by DFS, instead of being included in the reimbursement manuals.27 DFS incorporates the
         statewide schedules of the MRAs through rulemaking. In establishing the MRA manuals, the panel
         considers the usual and customary levels of reimbursement for treatment, services, and care; 28 the cost
         impact to employers for providing reimbursement that ensures that injured workers have access to
         necessary medical care; and the financial impact of the MRAs on healthcare providers and facilities. 29
         Florida law requires the panel to develop MRA manuals that are reasonable, promote the workers’
         compensation system’s healthcare cost containment and efficiency, and are sufficient to ensure that
         medically necessary treatment is available for injured workers. 30

21 Id.
22 S. 440.13, F.S.
23 S. 112.18(1)(b)(1),
                     F.S.
24 S. 112.18(1)(b)(4),
                     F.S.
25 S. 440.151(6) and 440.185(1), F.S.
26 Id.
27 Ch. 2023-144, Laws of Fla.
28 S. 440.13(12)(i)(1), F.S.
29 S. 440.13(12)(i)(2), F.S.
30 S. 440.13(12)(i)(3), F.S.

STORAGE NAME: h0637.IBS                                                                                         PAGE: 4
DATE: 1/16/2024
            There are three different reimbursement manuals that determine statewide schedules of maximum
            reimbursement allowances. The healthcare provider manual, developed by the DWC, limits the
            maximum reimbursement for licensed physicians to 110 percent of Medicare reimbursement, 31 while
            reimbursement for surgical procedures is limited to 140 percent of Medicare. 32 The hospital manual,
            developed by the panel, sets maximum reimbursement for outpatient scheduled surgeries at 60 percent
            of usual and customary charges,33 while other outpatient services are limited to 75 percent of usual and
            customary charges.34 Reimbursement of inpatient hospital care is limited based on a schedule of per
            diem rates approved by the panel.35 The ambulatory surgical centers manual, developed by the panel,
            limits reimbursement to 60 percent of usual and customary as such services are generally scheduled
            outpatient surgeries. The prescription drug reimbursement manual limits reimbursement to the average
            wholesale price plus a $4.18 dispensing fee. 36 Repackaged or relabeled prescription medication
            dispensed by a dispensing practitioner has a maximum reimbursement of 112.5 percent of the average
            wholesale price plus an $8.00 dispensing fee. 37 Fees may not exceed the schedules adopted under Ch.
            440, F.S., and department rule.38

            Effect of the Bill

            The bill permits firefighters, law enforcement officer, correctional officers, or correctional probation
            officer requiring medical treatment for a compensable presumptive condition to seek treatment from a
            medical specialist.39 The treatment provided by the medical specialist should be reasonable,
            necessary, and related to tuberculosis, heart disease, or hypertension.

            Also, the bill increases the maximum reimbursement for a medical specialist licensed under Chapter
            458 or Chapter 459, from 110 percent for non-surgeons and 145 percent for surgeons to 200 percent of
            the reimbursement allowed by Medicare for both non-surgeons and surgeons.

            This bill provides an effective date as of October 1, 2024.

       B. SECTION DIRECTORY:
            Section 1. Amends s. 112.18, F.S., relating to firefighters and law enforcement or correctional
                       officers; special provisions relative to disability.

            Section 2. Providing an effective date of October 1, 2024.

                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A. FISCAL IMPACT ON STATE GOVERNMENT:

            1. Revenues:
                None.

            2. Expenditures:
                The state may experience increased expenses associated with specialist treatment of presumed
                conditions under the bill due to the increased fee allowed.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

31
     S. 440.13(12)(f), F.S.
32 S. 440.13(12)(g), F.S.
33 S. 440.13(12)(d), F.S.
34 S. 440.13(12)(a), F.S.
35
     Id.
36 S. 440.13(12)(h), F.S.
37 Id.
38 S. 440.13(12)(f), F.S.

39 Please see section III.    C., Drafting Comments.
STORAGE NAME: h0637.IBS                                                                                       PAGE: 5
DATE: 1/16/2024
       1. Revenues:
           None.

       2. Expenditures:
           Local government may experience increased expenses associated with specialist treatment of
           presumed conditions under the bill due to the increased fee allowed.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Specialist workers’ compensation medical providers may receive increased fees for treatment of
       presumed conditions as provided for by the bill.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
          apply because this bill requires county/municipality governments that employ firefighters, law
          enforcement officers, correctional officers, or correctional probation officers to fund additional
          expenses related to those employees accessing specialist care for presumed conditions at a rate
          higher than currently applicable workers’ compensation rates; however, an exception may apply. The
          bill applies to all similarly situated persons, i.e., every county/municipality government that employs
          such individuals, in addition to the state, which also employs such individuals.

       2. Other:
          None.

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

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Firefighters, LEOs, correctional officers, and correctional probation officers are already entitled to
       treatment by a medical specialist when medically necessary. It is unclear from the text of the bill what
       change is intended. An amendment to clarify the intended effect may resolve this issue.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0637.IBS                                                                                   PAGE: 6
DATE: 1/16/2024
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           HB 637                                                                                                2024




    1                                         A bill to be entitled
    2               An act relating to treatment by a medical specialist;
    3               amending s. 112.18, F.S.; authorizing a firefighter,
    4               law enforcement officer, correctional officer, and
    5               correctional probation officer to receive medical
    6               treatment by a medical specialist for certain
    7               conditions under certain circumstances; requiring such
    8               treatment to be reasonable, necessary, and related to
    9               the firefighter's or officer's condition; specifyin g a
10                  reimbursement percentage for such treatment; defining
11                  the term "medical specialist"; providing an effective
12                  date.
13
14         Be It Enacted by the Legislature of the State of Florida:
15
16                  Section 1.        Subsection (3) is added to section 112.18,
17         Florida Statutes, to read:
18                  112.18      Firefighters and law enforcement or correctional
19         officers; special provisions relative to disability.—
20                  (3)(a)      A firefighter, law enforcement officer,
21         correctional officer, or correctional probation officer
22         requiring medical treatment for a compensable presumptive
23         condition listed in subsection (1) may be treated by a medical
24         specialist. Except in emergency situations, a firefighter, law
25         enforcement officer, correctional officer, or correctional

                                                         Page 1 of 2

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        HB 637                                                                                                2024




26      probation officer entitled to receive treatment by a medical
27      specialist under this subsection must provide notice of his or
28      her selection of a medical specialist to the firefighter's or
29      officer's workers compensation carrier, self-insured employer,
30      or third-party administrator before he or she begins treatment,
31      and the carrier, self-insured employer, or third-party
32      administrator must authorize and schedule the appointment and
33      treatment with the medical specialist. The treatment by a
34      medical specialist must be reasonable, necessary, and related to
35      tuberculosis, heart disease, or hypertension and reimbursed at
36      no more than 200 percent of the Medicare rate.
37               (b)         For purposes of this subsection, the term "medical
38      specialist" means a physician licensed under chapter 458 or
39      chapter 459 who has board certification in a medical specialty
40      inclusive of care and treatment of tuberculosis, heart disease,
41      or hypertension.
42               Section 2.         This act shall take effect October 1, 2024.




                                                      Page 2 of 2

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                                                                                                             hb0637-00
                       INSURANCE & BANKING SUBCOMMITTEE

                                  HB 637 by Rep. Yeager
                             Treatment by a Medical Specialist

                                  AMENDMENT SUMMARY
                                     January 18, 2024

Amendment 1 by Rep. Yeager (Line 20): The amendment:
   •   Requires written notice of the medical specialist permitted by the bill.
   •   Allows the employer/carrier to authorize an alternative specialist with equal or greater
       qualifications.
   •   Requires authorization of treatment within 5 business days of receiving the notice and
       scheduling of an appointment within 30 days.
   •   Clarifies that the bill creates an exception applicable to the usual provider selection
       process provided under the workers’ compensation law.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 637    (2024)
       Amendment No.1




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


 1     Committee/Subcommittee hearing bill:      Insurance & Banking
 2     Subcommittee
 3     Representative Yeager offered the following:
 4
 5          Amendment
 6          Remove lines 20-36 and insert:
 7         (3)(a) Notwithstanding paragraph 440.13(2)(c), a firefighter,
 8     law enforcement officer, correctional officer, or
 9     correctional probation officer requiring medical treatment for a
10     compensable presumptive condition listed in subsection (1) may
11     be treated by a medical specialist. Except in emergency
12     situations, a firefighter, law enforcement officer, correctional
13     officer, or correctional probation officer entitled to access a
14     medical specialist under this subsection must provide written
15     notice of his or her selection of a medical specialist to the
16     firefighter's or officer's workers compensation carrier, self -
     717201 - hb0637-line20.docx
      Published On: 1/17/2024 6:22:05 PM
                                   Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 637   (2024)
       Amendment No.1


17     insured employer, or third-party administrator, and the carrier,
18     self- insured employer, or third-party administrator must
19     authorize the selected specialist or authorize an alternative
20     specialist meeting the same or greater qualifications. The
21     carrier, self-insured employer or third-party must, within 5
22     business days of the receipt of the notice, authorize treatment
23     and schedule an appointment to be held within 30 da ys of the
24     receipt of the notice with the selected specialist or the
25     alternative specialist. If the carrier, self-insured employer or
26     third-party administrator fails to provide an alternative
27     specialist within the 5 business days of receipt of the notice,
28     the specialist selected by the employee shall be authorized. The
29     continuing care and treatment by a medical specialist must be
30     reasonable, necessary, and related to tuberculosis, heart
31     disease, or hypertension, be reimbursed at no more than 200
32     percent of the Medicare rate and be authorized by the
33     firefighter's or officer's workers compensation carrier, self -
34     insured employer, or third-party administrator.
35




     717201 - hb0637-line20.docx
      Published On: 1/17/2024 6:22:05 PM
                                   Page 2 of 2
HB 943
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 943 Pub. Rec./My Safe Florida Home Program
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS: SB 988

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  2) Ethics, Elections & Open Government
     Subcommittee

  3) Commerce Committee

                                                     SUMMARY ANALYSIS

In 2006, the Legislature created the My Safe Florida Home Program (MSFH Program) within the Department of
Financial Services (DFS), with the intent that the MSFH Program provide licensed inspectors to perform
inspections for owners of site-built, single-family, residential properties and grants to eligible applicants, subject
to the availability of funds.

Under the MSFH Program, licensed inspectors must provide home inspections of site-built, single-family,
residential properties for which a homestead exemption has been granted, to determine what mitigation
measures are needed, what insurance premium discounts may be available, and what improvements to
existing residential properties are needed to reduce the property’s vulnerability to hurricane damage. The
inspections provided to homeowners under the MSFH Program must include, at a minimum, certain
information. Further, the inspection reports provide detailed information to the MSFH Program regarding the
applicant’s home.

Similarly, financial grants under the MSFH Program are intended to encourage single-family, site-built, owner-
occupied, residential property owners to retrofit their properties to make them less vulnerable to hurricane
damage. For a homeowner to be eligible for a grant, the following criteria must be met:
    The homeowner must have been granted a homestead exemption on the home;
    The home must be a dwelling with an insured value of $700,000 or less;
    The home must undergo an acceptable hurricane mitigation inspection under the MSFH Program;
    The building permit application for initial construction of the home must have been made before
        January 1, 2008; and
    The homeowner must agree to make his or her home available for inspection once a mitigation project
        is completed.

The bill creates a public records exemption for information contained in applications and inspection reports
submitted under the MSFH Program, regardless of the date that such applications and reports were submitted.

The bill provides for repeal of the exemption on October 2, 2029, unless reviewed and saved from repeal by
the Legislature. It also provides a public necessity statement as required by the Florida Constitution.

The bill may have an indeterminate negative fiscal impact on state government expenditures, no fiscal impact
on state government revenues, no fiscal impact on local government revenues or expenditures, and an
indeterminate positive fiscal impact on the private sector.

The bill provides an effective date of upon becoming a law.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created public record or public meeting exemption. The bill creates
a public record exemption; thus, it requires a two-thirds vote for final passage.



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0943.IBS
DATE: 1/16/2024
                                                 FULL ANALYSIS

                                          I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        My Safe Florida Home Program

        In 2006, the Legislature created the My Safe Florida Home Program (MSFH Program) within the
        Department of Financial Services (DFS), with the intent that the MSFH Program provide licensed
        inspectors to perform inspections for owners of site-built, single-family, residential properties and grants
        to eligible applicants, subject to the availability of funds.1 Under the MSFH Program, DFS must develop
        and implement a comprehensive and coordinated approach for hurricane damage mitigation that may
        include hurricane mitigation inspections,2 mitigation grants,3 and education, consumer awareness, and
        outreach.4

        HURRICANE MITIGATION INSPECTIONS

        Under the MSFH Program, licensed inspectors must provide home inspections of site-built, single-
        family, residential properties for which a homestead exemption has been granted, to determine:
            What mitigation measures are needed,
            What insurance premium discounts may be available, and
            What improvements to existing residential properties are needed to reduce the property’s
                vulnerability to hurricane damage.5

        DFS must also contract with wind certification entities to provide hurricane mitigation inspections. To
        qualify for selection by DFS as a wind certification entity to provide hurricane mitigation inspections, the
        entity must meet certain requirements.6 The inspections provided to homeowners by such entities, at a
        minimum, must include:
             A home inspection and report that summarizes the results and identifies recommended
                 improvements a homeowner may take to mitigate hurricane damage;
             A range of cost estimates regarding the recommended mitigation improvements; and
             Information regarding estimated premium discounts, which are correlated to the current
                 mitigation features and the recommended mitigation improvements identified by the inspection. 7

        The inspection report provides information to the MSFH Program regarding the applicant’s home, such
        as detailed descriptions of the premises, pictures of the interior and exterior of the structure, including
        private areas, entry points, and possible vulnerabilities to its security.

        An application for an inspection must contain a signed or electronically verified statement, made under
        penalty of perjury, that the applicant has submitted only a single application for that home. 8

        MITIGATION GRANTS

        Financial grants under the MSFH Program are intended to encourage single-family, site-built, owner-
        occupied, residential property owners to retrofit their properties to make them less vulnerable to
        hurricane damage.9

1 S. 215.5586,   F.S.
2 See S. 215.5586(1),  F.S.
3 See s. 215.5586(2), F.S.
4 See s. 215.5586(3), F.S.
5 S. 215.5586(2)(a), F.S.
6 See s. 215.5586(2)(c), F.S.
7 S. 215.5586(2)(b), F.S.
8 S. 215.5586(2)(d), F.S.
STORAGE NAME: h0943.IBS                                                                                      PAGE: 2
DATE: 1/16/2024
        For a homeowner to be eligible for a grant, the following criteria must be met:
             The homeowner must have been granted a homestead exemption on the home under ch. 196,
               F.S.;10
             The home must be a dwelling with an insured value of $700,000 or less;11
             The home must undergo an acceptable hurricane mitigation inspection under the MSFH
               Program;
             The building permit application for initial construction of the home must have been made before
               January 1, 2008; and
             The homeowner must agree to make his or her home available for inspection once a mitigation
               project is completed.12

        An application for a grant must contain a signed or electronically verified statement, made under
        penalty of perjury, that the applicant has submitted only a single application.13 The application must
        include attachments that demonstrate the applicant meets the requirements described above.14

        Under the MSFH Program, DFS must develop a process that ensures the most efficient means to
        collect and verify grant applications to determine eligibility and may direct hurricane mitigation
        inspectors to collect and verify grant application information or use the internet or other electronic
        means to collect information and determine eligibility.15

        Effect of the Bill

        The bill creates a public records exemption for information contained in applications and inspection
        reports submitted under the MSFH Program, regardless of the date that such applications and reports
        were submitted.

        The exemptions are subject to the Open Government Sunset Review Act, and will be repealed on
        October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature. It
        also provides a statement of public necessity as required by the Florida Constitution.

    B. SECTION DIRECTORY:

        Section 1.         Creates s. 215.55861, F.S., relating to My Safe Florida Home Program public records
                           exemption.

        Section 2.         Provides a statement of public necessity.

        Section 3.         Provides that the bill will take effect upon becoming a law.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:


9 S. 215.5586(3),   F.S.
10 Chapter 196, F.S., relates to, among other things, homestead exemptions.
11 Homeowners     who are low-income persons, as defined s. 420.0004(11), F.S., are exempt from this requirement. The
term “low-income persons” is defined by s. 420.0004(11), F.S., as one or more natural persons or a family, the total
annual adjusted gross household income of which does not exceed 80% of the median annual adjusted gross income for
households within the state, or 80% of the median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is
greater.
12 S. 215.5586(2)(a), F.S.
13 S. 215.5586(2), F.S.
14 Id.
15 S. 215.5586(2)(i), F.S.
STORAGE NAME: h0943.IBS                                                                                         PAGE: 3
DATE: 1/16/2024
           None.

       2. Expenditures:

           Indeterminate. See “Fiscal Comments” section below.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The proposed public record exemption may encourage the submission of applications and inspection
       reports under the MSFH Program, in which case the bill would have a positive impact on communities
       affected by natural disasters. However, the impact to the private sector is indeterminate.

   D. FISCAL COMMENTS:

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

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

           Vote Requirement
           Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
           voting for final passage of a newly created or expanded public record exemption. The bill creates a
           public record exemption; thus, it requires a two-thirds vote for final passage.

           Public Necessity Statement
           Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly
           created or expanded public record exemption. The bill creates a public record exemption; therefore,
           it includes a public necessity statement.

           Breadth of Exemption
           Article I, s. 24(c) of the Florida Constitution requires a newly created public record or public meeting
           exemption to be no broader than necessary to accomplish the stated purpose of the law. This bill
           creates a public record exemption for certain information received by DFS pursuant to an
           application and inspection reports submitted to the MSFH Program. The purpose of the exemption
           is to protect sensitive personal information, such as names, email addresses, mailing addresses,
           and telephone numbers, that DFS receives in conjunction with its duties related to the review of
STORAGE NAME: h0943.IBS                                                                                     PAGE: 4
DATE: 1/16/2024
           such applications and inspection reports. As such, the bill appears to be no broader than necessary
           to accomplish its purpose.

   B. RULE-MAKING AUTHORITY:

       The bill does not confer rulemaking authority nor require the promulgation of rules.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0943.IBS                                                                                PAGE: 5
DATE: 1/16/2024
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           HB 943                                                                                                2024




    1                                         A bill to be entitled
    2               An act relating to public records; creating s.
    3               215.55861, F.S.; exempting certain applications and
    4               inspection reports submitted to the My Safe Florida
    5               Home Program from public records requirements;
    6               providing for future review and repeal; providing a
    7               statement of public necessity; providing an effective
    8               date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                  Section 1.        Section 215.55861, Florida Statutes, is created
13         to read:
14                  215.55861        My Safe Florida Home Program public records
15         exemption.—Applications and inspection reports submitted by
16         applicants to the My Safe Florida Home Program under s.
17         215.5586, no matter the date of submission, are exempt from s.
18         119.07(1) and s. 24(a), Art. I of the State Constitution. This
19         section is subject to the Open Government Sunset Review Act in
20         accordance with s. 119.15 and is repealed on October 2, 2029,
21         unless reviewed and saved from repeal through reenactme nt by the
22         Legislature.
23                  Section 2.        The Legislature finds that it is a public
24         necessity that applications and inspection reports submitted to
25         the My Safe Florida Home Program be made exempt from s.

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        HB 943                                                                                                2024




26      119.07(1) and s. 24(a), Art. I of the State Constitution . These
27      documents contain personal information, including but not
28      limited to names, e-mail addresses, mailing addresses, telephone
29      numbers. This information is unique to each individual and, when
30      combined with other personal identifying information, can be
31      used for identity theft, consumer scams, unwanted solicitations,
32      or other invasive contact. Additionally, applications and
33      inspection reports contain detailed descriptions and pictures of
34      the inside and outside of applicants' homes, including private
35      areas, points of entry, and other vulnerabilities. The public
36      availability of these records put applicants of the My Safe
37      Florida Home Program at increased risk of home invasions and
38      reduces privacy in their homes.
39               Section 3.        This act shall take effect upon becoming a law.




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                                                                                                             hb0943-00
PCS for HB 311
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 311 Securities
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Insurance & Banking Subcommittee                                       Fletcher           Lloyd

                                                     SUMMARY ANALYSIS
In Florida, the Securities and Investor Protection Act (the Act) regulates securities issued, offered, and sold in
the state of Florida. The Office of Financial Regulation (OFR) regulates and registers the offer and sale of
securities in, to, or from Florida by firms, branch offices, and individuals affiliated with these firms.
The Act currently prohibits dealers, associated persons, and issuers from offering or selling securities in this
state unless registered with the OFR or specifically exempted. Additionally, all securities in Florida must be
registered with the OFR unless they meet a statutory exemption or are federally covered (i.e., under the
exclusive jurisdiction of the United States Securities Exchange Commission).
Revisions to the Act include:
    Amending the limited offering exemption and crowdfunding exemption;
    Adding an accredited investor exemption and a micro-offering exemption;
    Allowing for demo-day presentations in the pre-offering stage;
    Adding control person liability provisions;
    Expanding the current civil liability for aiders and abettors of a securities law violation;
    Eliminating the requirement for 5 years of annual reports and audited financial statements applicable to
       simplified securities offerings that use the Small Company Offering Registration;
    Reducing the number of clients of an investment adviser that triggers registration from 15 to 6 clients;
    Increasing the maximum civil and administrative penalties that can be assessed against a natural
       person in an action by the Attorney General from $10,000 to $20,000;
    Doubling maximum fines assessed in civil and administrative actions by the Attorney General for
       securities violations targeting seniors and vulnerable adults;
    Eliminating the requirement that an investor make searches and inquiries to ascertain the assets of a
       judgement debtor before the investor recovers from the Securities Guaranty Fund (Fund), and changes
       the requirement that the date of the act for which recovery is sought occurred on or after January 1,
       1979, to October 1, 2024;
    Increasing the amount an eligible person may recover from the Fund from $10,000 to $15,000, adding
       an exception allowing recovery of up to $25,000 if the person is a specified adult, and increasing the
       aggregate limit on claims from $100,000 to $250,000;
    Rewriting certain portions of the Act for clarification purposes; and
    Generally modernizing Florida’s securities laws in accordance with recent developments in federal
       securities laws and securities laws in other states.
The bill has no impact on local government and an insignificant positive impact on the private sector. It has an
insignificant negative impact on state government expenses and an indeterminable positive impact on state
government revenues.
The bill provides an effective date of October 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0311.IBS
DATE: 1/16/2024
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        FLORIDA BAR BUSINESS LAW SECTION TASK FORCE

        The Executive Council of the Business Law Section of The Florida Bar appointed a Task Force (BLS
        Task Force) in September of 2022 to consider amendments to ch. 517, F.S., the Florida Securities and
        Investor Protection Act (Act), which codifies Florida’s securities laws. 1 The BLS Task Force has worked
        closely with the Office of Financial Regulation (OFR), the agency which regulates Florida’s securities
        industry and determines compliance with the Act,2 to reform the Act.3

        OFR, with the BLS Task Force’s assistance, presented to the 2023 legislative session proposed
        amendments 4 to the Act that were limited to administrative and clarification changes, as OFR was
        aware that the BLS Task Force was working on more substantive changes to the Act. 5 The 2023 bill
        was enacted,6 and the BLS Task Force and OFR are now presenting their recommendations for
        substantive amendments to the Act with this bill.7 In summary, this bill is a joint effort of the BLS Task
        Force and OFR to bring Florida’s securities laws up to date with changes in federal securities laws and
        other states’ securities laws.8

        Securities Regulation

        Background

        FEDERAL SECURITIES REGULATION

        The federal Securities Exchange Act of 1934 (1934 Act) requires registration of securities market
        participants like broker-dealers and exchanges.9 Generally, any person acting as “broker” or “dealer” as
        defined in the 1934 Act must be registered with the United States Securities and Exchange
        Commission (SEC) and join a self-regulatory organization (SRO), like the Financial Industry Regulatory
        Authority (FINRA) or a national securities exchange. 10

        The 1934 Act broadly defines “broker” as “any person engaged in the business of effecting transactions
        in securities for the account of others,” which the SEC has interpreted to include involvement in any of
        the key aspects of a securities transaction, including solicitation, negotiation, and execution. 11 A



1 The Florida Bar Business Law Section, Report     of the Chapter 517 Task Force: Recommendations and Analysis of
Proposed Amendments to the Florida Securities and Investor Protection Act , p. 2 (Nov. 2023).
2 Office of Financial Regulation, Division of Securities, https://flofr.gov/sitePages/DivisionOfSecurities.htm (last visited Jan.

3, 2024).
3 The Florida Bar Business Law Section, supra note 1.
4 See 2023 Senate Bill 180, and 2023 House Bill 253.
5 The Florida Bar Business Law Section, supra note 1.
6 Ch. 2023-205, Laws of Fla.
7 The Florida Bar Business Law Section, supra note 1.
8 Id.
9 15 U.S.C. §§ 78c(a)(4) and 78o. U.S. Securities and Exchange Commission, Guide to Brok er-Dealer Registration,

http://www.sec.gov/divisions/mark etreg/bdguide.htm#II (last visited Jan. 3, 2024).
10 A “national securities exchange” is a securities exchange that has registered with the SEC under Section 6 of the 1934

Act. Examples of national securities exchanges registered with the SEC include the Nasdaq Stock Market, NYSE National
Inc., and the New York Stock Exchange LLC. See U.S. Securities and Exchange Commission, National Securities
Exchanges, https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml (last visited Jan. 8, 2024).
11 Id.
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        “dealer” is “any person engaged in the business of buying and selling securities for such person’s own
        account through a broker or otherwise.12

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

        STATE SECURITIES REGULATION

        State laws that protect the investing public from fraudulent sales practices and activities are known as
        “Blue Sky Laws.”13 Florida’s laws relating to the regulation of securities issued, offered, and sold in the
        State of Florida are codified under the Act.

        OFR’s Division of Securities (Division) regulates and registers the offer and sale of securities in, to, or
        from Florida by firms, branch offices, and individuals affiliated with these firms in accordance with the
        Act and Rule Chapter 69W, Florida Administrative Code.14 The Financial Services Commission,
        comprised of the Governor and Cabinet (the Commission), serves as OFR’s agency head for purposes
        of rulemaking and appoints OFR’s Commissioner, who serves as the agency head for purposes of final
        agency action for all areas within OFR’s regulatory authority.15

        As of September 30, 2023, the Division had total registrants in the following areas:
            Dealers:                  2,427
            Investment advisers:      8,359
            Branch offices:          11,702
            Associated Persons: 378,43516

        Additionally, as of September 2023, OFR has five registered offerings and zero crowdfunding
        offerings.17

        The Act prohibits dealers and associated persons from offering or selling securities in Florida unless
        registered with OFR or specifically exempted.18 Additionally, all securities in Florida must be registered
        with OFR unless they meet one of the exemptions under the Act,19 or are federally covered (i.e., under
        the exclusive jurisdiction of the SEC).20

        Failure to meet the precise requirements of these exemptions can subject the violator to civil, criminal,
        and administrative liability for the sale of unregistered securities, which is a third-degree felony.21 Civil
        remedies under the Act include rescission and damages.22




12 15 U.S.C. § 78c(a)(5).
13  U.S. Securities and Exchange Commission, Blue Sk y Laws, http://www.sec.gov/answers/bluesky.htm (last visited Jan.
3, 2024).
14 Office of Financial Regulation, Division of Securities, https://flofr.gov/sitePages/DivisionOfSecurities.htm (last visited

Jan. 3, 2024).
15 S. 20.121(3), F.S.
16 Office of Financial Regulation, Agency Analysis of 2024 House Bill 311, p. 2 (Nov. 1, 2023).
17 Id.
18 S. 517.12, F.S.
19 See ss. 517.051 or 517.061, F.S.
20 S. 517.07, F.S. If a security is registered with the SEC, s. 517.082, F.S., requires the broker or issuer to notify OFR that

the security is registered with the SEC.
21 S. 517.302(1), F.S.
22 S. 517.211, F.S.
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        Party Registration Requirements

        The Act requires the following individuals or businesses to be registered with OFR before selling or
        offering to sell any securities in or from offices in this state, or selling securities to persons in this state
        from offices outside this state:23
             Dealers, which is defined as any person, other than an associated person of a dealer, that
                engages, for all or part of the person’s time, directly or indirectly, as agent or principal in the
                business of offering, buying, selling, or otherwise dealing or trading in securities issued by
                another person.
                    o The term does not include a licensed practicing attorney, bank authorized to do business
                         in Florida, wholesaler selling exclusively to dealers, person buying and selling for the
                         person’s own account exclusively through a registered dealer or stock exchange, issuer,
                         or natural person representing an issuer under certain conditions 24
             Investment advisers, which is defined as any person that receives compensation, directly or
                indirectly, and engages for all or part of the person’s time, directly or indirectly, in the business
                of advising others as to the value of securities or as to the advisability of investments in,
                purchasing of, or selling of securities.
                    o The term contains similar exclusions as the exclusions for “dealers” in addition to a
                         federal covered adviser, a person that does not hold itself out to the general public as an
                         investment adviser and has no more than 15 clients within 12 consecutive months in this
                         state, and a few other exclusions.25
             Associated persons, which is defined by a party’s relation to a dealer or to an investment
                adviser:
                    o With respect to a dealer, an associated person is an individual who is employed,
                         appointed, or authorized by a dealer and who represents the dealer in effecting the
                         purchase or sale of a security.
                              The term does not include a dealer or a partner, officer, or director of a dealer
                                  unless such person is specified in the group above. The term also does not
                                  include a dealer’s employee whose function is only clerical or ministerial.
                    o With respect to an investment adviser, an associated person is an individual, including,
                         but not limited to, a partner, officer, director, or branch manager who is employed by or
                         associated with, or is subject to the supervision or control of an investment adviser
                         registered under the Act, and
                              Such person:
                                       Makes recommendations or otherwise gives investment advice regarding
                                          securities;
                                       Manages client accounts or portfolios;
                                       Determines which recommendations regarding securities should be
                                          given;
                                       Receives compensation to solicit, offer, or negotiate for the sale of
                                          investment advisory services; or
                                       Supervises employees who perform a function outlined above.
                              The term does not include an investment adviser or an employee whose function
                                  is only clerical or ministerial.26

        Effect of the Bill

        The bill amends the following definitions:
            Accredited investor is amended to clarify the term is defined by rule of the Commission in
                accordance with SEC Rule 501, 17 C.F.R. s. 230.501, as amended.



23 S. 517.12, F.S.
24 S. 517.021(8), F.S.
25 S. 517.021(14), F.S.
26 S. 517.021(3), F.S.
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                Boiler room is amended to mean an enterprise in which two or more persons in a common
                 scheme or enterprise solicit potential investors through telephone calls, electronic mail, text
                 messages, social media, chat rooms, or other electronic means.
                Dealer is restructured into subparagraphs for clarification.
                Federal covered adviser is amended to update cross-references.
                Investment adviser is amended as follows:
                     o Reduces the threshold number of clients triggering registration from 15 clients to 6.
                     o Deletes the exclusion applicable to a person whose transactions in this state are limited
                         to those transactions described in s. 222(d) of the Investment Advisers Act of 1940.
                     o Provides an exclusion for the U.S., a state, a political subdivision of a state, or an
                         agency, authority, or instrumentality of one or more of the foregoing, or a business entity
                         that is wholly owned by one or more of the foregoing, or an officer, agent, or employee
                         of any of the foregoing acting as such in the course of his or her official duty. 27

        The bill adds the following definitions:
            Angel investor group28 means a group of accredited investors 29 that holds regular meetings and
                has defined processes and procedures for making investment decisions, individually or among
                the membership of the group, and that is not an associated person, affiliate, or an agent of a
                dealer or investment adviser.
            Business entity30 means a corporation, partnership, limited partnership, limited liability company,
                proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust,
                whether fictitiously named or not, doing business in this state.

        Exempt Securities

        Background

        It is unlawful and a violation of the Act for any person to sell or offer to sell an unregistered security
        within Florida unless the security is exempt under s. 517.051, F.S., or such sale or offering is otherwise
        exempt from the registration requirements of the Act.31

        The exempt securities provided in the Act are self-executing and do not require any filing with OFR
        prior to claiming an exemption.32 A person who claims entitlement to any of the exempt securities bears
        the burden of proving such entitlement in any proceeding brought under the Act.33




27 An example of this type of entity is the State Board of Administration of Florida   (SBA), which is an asset management
organization primarily responsible for investing state and local government assets. See Office of Program Policy Analysis
and Government Accountability, State Board of Administration of Florida,
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=4040 (last visited Jan. 8, 2024).
28 This definition has been added for purposes of the newly created s. 517.0615, F.S., relating to solicitation of interest.
29 An accredited investor is an individual or a business entity that is allowed to trade securities that may not be registered

with financial authorities. They are entitled to this privileged access by satisfying at least one requirement regarding their
income, net worth, asset size, governance status, or professional experience. The term is used by the SEC under
Regulation D to refer to investors who are financially sophisticated and have a reduced need for the protection provided
by regulatory disclosure filings.” Adam Hayes, Accredited Investor Defined: Understand the Requirements,
https://www.investopedia.com/terms/a/accreditedinvestor.asp (last visited Jan. 8, 2024).
30 This definition has been added to expand the scope of entities subject to the provisions of the Act.
31 S. 517.07, F.S.
32 S. 517.051(1), F.S.
33 Id.
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        Effect of the Bill

        Securities Issued by the U.S., a U.S. Territory, a State, etc.

        Currently, a security issued or guaranteed by the U.S. or any territory or insular possession of the U.S.,
        by the District of Columbia, or by any state of the U.S. or by any political subdivision or agency or other
        instrumentality thereof, is exempt from registration.34

        The bill clarifies that a person may not directly or indirectly offer or sell securities, other than general
        obligation bonds if the issuer or guarantor is in default or has been in default any time after December
        31, 1975, as to principal or interest (with respect to an obligation issued by the issuer or successor of
        the issuer; or with respect to an obligation guaranteed by the guarantor or successor of the guarantor),
        except by an offering circular containing a full and fair disclosure as prescribed by Commission rule.

        Further, the bill provides that the foregoing does not apply to a security that is an industrial or
        commercial development bond, unless payments are made or unconditionally guaranteed by a person
        whose securities are exempt from registration under s. 18(b)(1) of the Securities Act of 1933, as
        amended (1933 Act).

        Securities Issued by and Representative of an Interest in Certain Institutions

        Currently, a security that is issued or guaranteed by a national bank, a federally chartered savings and
        loan association, or a federally chartered savings bank; any federal land bank, joint-stock land bank, or
        national farm loan association under the provisions of the Federal Farm Loan Act of July 17, 1916; an
        international bank of which the U.S. is a member; or a corporation created and acting as an
        instrumentality of the U.S. government is exempt.35

        The bill removes this exemption in its entirety. In its place, the bill provides an exemption for a security
        that is issued by and represents, or will represent, an interest in or a direct obligation of, or that is
        guaranteed by:
             An international bank of which the U.S. is a member;
             A bank organized under the laws of the U.S.;
             A member bank of the Federal Reserve System; or
             A depository institution for which a substantial portion of the business consists or will consist of
                 receiving deposits or share accounts that are insured to the maximum amount authorized by
                 statute by the FDIC or the National Credit Union Share Insurance Fund.

        Securities Issued by a Business Entity Owning a Railroad, Common Carrier, Etc.

        Currently, a security issued or guaranteed, as to principal, interest, or dividend, by a corporation owning
        or operating a railroad, other common carrier, or any other public service utility (provided certain
        circumstances are met) is exempt from registration.36 The bill replaces the term “corporation” with the
        term “business entity” to expand the scope of entities subject to the exemption.

        Shares of a Residential Cooperative

        The bill clarifies that shares or other equity interests of a business entity which represent ownership, or
        entitle the holders of such shares or other equity interests to possession and occupancy, of specific
        apartment units in property owned by such business entity and organized and operated on a
        cooperative basis, solely for residential purposes, is exempt from registration requirements.37


34 S. 517.051(1),  F.S.
35 S. 517.051(3),  F.S.
36 S. 517.051(4), F.S.
37 The residential cooperative exemption is currently a transaction exemption in s. 517.061(14), F.S. The bill moves the

exemption to the section of the Act relating to exempt securities, rather than exempt transactions, for clarification
purposes. See The Florida Bar Business Law Section, supra note 1, at p. 12-13.
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         Interest in a Not-for-Profit Membership Entity Operated as a Cooperative

         The bill also establishes a new exemption for a member’s or owner’s interest in a not-for-profit
         membership entity operated either as a cooperative under the cooperative laws of a state or in
         accordance with the applicable provisions of the IRC. However, the exemption only applies to a
         member’s or owner’s interest or like security sold or transferred to a bona fide member of the not-for-
         profit membership entity or a person who becomes a bona fide member of the not-for-profit
         membership entity at the time of or in connection with the sale or transfer.

         Note, Draft, Bill of Exchange, or Banker’s Acceptance Meeting Certain Requirements

         Currently, a note, draft, bill of exchange, or banker’s acceptance having a unit amount of $25,000 or
         more which arises out of a transaction, or the proceeds of which have been used for current
         transactions, and which has a maturity period at the time of issuance not exceeding 9 months exclusive
         of days of grace, or any renewal thereof which has a maturity period likewise limited, is exempt.38 This
         applies only to prime quality negotiable commercial paper of a type not ordinarily purchased by the
         general public (i.e., paper issued to facilitate well-recognized types of current operational business
         requirements and of a type eligible for discounting by Federal Reserve banks). 39

         The bill removes this exemption in its entirety, subjecting the type of security described therein to
         registration, unless exempted otherwise.

         Securities Issued by an Entity Organized for Religious, Educational or Similar Purpose

         Currently, a security issued by a corporation organized and operated exclusively for religious,
         educational, benevolent, fraternal, charitable, or reformatory purposes and not for pecuniary profit, no
         part of the net earnings of which inures to the benefit of any private stockholder or individual, or any
         security of a fund that is excluded from the definition of an investment company under s. 3(c)(10)(B) of
         the Investment Company Act of 1940, is exempt from registration.40

         The bill replaces the term “corporation” with “business entity” to expand the scope of entities subject to
         the exemption. Additionally, the bill amends the reference to the Investment Company Act of 1940 to
         include the phrase “as amended” to incorporate by reference any amendments to the Act as of the
         effective date of the bill.

         Exempt Transactions

         Background

         It is unlawful and a violation of the Act for any person to sell or offer to sell a security within Florida
         unless the security is exempt under the Act, or such sale or offering is otherwise exempt from the
         registration requirements of s. 517.061, F.S.41




38 S. 517.051(8),   F.S.
39 Id.
40 S. 517.051(9),  F.S.
41 S. 517.071,   F.S.
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        Current law provides over twenty transactions that are exempt from the registration requirements of the
        Act.42 Examples include:
             Securities issued in exchange for one or more outstanding securities, claims, or property
                interests at any judicial, executor’s, administrator’s, guardian’s, or conservator’s sale, or at any
                sale by a receiver or trustee in insolvency or bankruptcy; 43
             Certain isolated sales or offers for sale of securities when made by or on behalf of a vendor not
                the issuer or underwriter of the securities who, being the bona fide owner of such securities,
                disposes of his or her own property for his or her own account; 44
             The distribution by a corporation, trust, or partnership, actively engaged in the business
                authorized by its charter, or other organizational articles or agreement, of securities to its
                stockholders or other equity security holders, partners, or beneficiaries as a stock dividend or
                other distribution out of earnings or surplus;45
             The distribution of the securities of an issuer exclusively among its own security holders, when
                no commission or other remuneration is paid or given in connection with the sale or distribution
                of such additional securities;46
             The offer or sale of securities from one corporation to another corporation provided that the sale
                price of the securities is $500,000 or more and the buyer and seller corporations each have
                assets of $500,000 or more;47 and
             The offer or sale of securities under a bona fide employer-sponsored stock option, stock
                purchase, pension, profit-sharing, savings, or other benefit plan when offered only to employees
                of the sponsoring organization or to employees of its controlled subsidiaries. 48

        These exemptions are self-executing and do not require any filing with OFR prior to claiming an
        exemption.49 A person who claims entitlement to such an exemption bears the burden of proving such
        entitlement in any proceeding brought under the Act.50

        NASAA ACCREDITED INVESTOR EXEMPTION

        The North American Securities Administrators Association (NASAA) is a voluntary, international,
        association whose membership consists of 67 state, provincial, and territorial securities
        administrators.51 Formed in 1919, NASAA is the “oldest international organization devoted to investor
        protection.”52 NASAA advocates on behalf of state securities agencies in the United States that are
        responsible for capital formation and investor protection. 53 NASAA also coordinates training and
        education seminars for securities agency staff54 and creates model rules for implementation amongst
        its members.55

        On April 27, 1997, NASAA members voted to approve a “Model Accredited Investor Exemption,” which
        exempts the offer or sale of a security by an issuer from the security registration process in a
        transaction meeting certain requirements.56 Specifically, the exemption limits the sale of securities to



42 S. 517.061,  F.S.
43 S. 517.061(1), F.S.
44 S. 517.061(3), F.S.
45 S. 517.061(4), F.S.
46 S. 517.061(6), F.S.
47 S. 517.061(7), F.S.
48 S. 517.061(15), F.S.
49 S. 517.061(1), F.S.
50 Id.
51 NASAA, Welcome to NASAA, https://www.nasaa.org/about-us/ (last visited Jan. 2, 2024).
52 Id.
53 Id.
54 Id.
55 See NASAA, NASAA Model Rule on Investment Adviser Representative Continuing Education (Model Rule 2002-

411(h) or 1956-204(B)(6)-CE ), https://www.nasaa.org/wp-content/uploads/2020/10/ NASAA-IAR-CE-Model-Rule.pdf (last
visited Jan. 2, 2024).
56 Office of Financial Regulation, supra note 16, at p. 17.
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         accredited investors and the issuer must not be subject to disqualification.57 The exemption also
         requires that an issuer file a notice of transaction, a consent to service of process, and a copy of the
         general announcement with the regulatory authority within 15 days after the first sale in the state.58 The
         majority of states have adopted this accredited investor exemption.59

         UNIFORM SECURITIES ACT

         The Uniform Securities Act (USA) is a model act developed by the Uniform Law Commissioners.60 The
         USA was first created in 1956 and was later amended in 1985 and again in 2002.61 Most states’
         securities laws are based, to some degree, on the three variations of the USA (i.e., most states have
         either adopted one of these variations or used one variation as the basis for their statutes). 62

         Effect of the Bill

         The bill reorganizes the portion of the Act relating to exempt transactions to group like transactions
         together and to generally modernize the type of transactions exempt thereunder in accordance with
         developments in federal securities laws and other states’ securities laws.

         Specifically, the bill adds an exemption for sales of securities effected through assignments for the
         benefit of creditors. The bill also creates a new exemption for a transaction involving a security issued
         in exchange, except in a case under Title 11 of the United States Code, for one or more bona fide
         outstanding securities, or property interests, or partly in such exchange and partly for cash, if the terms
         and conditions are approved by certain governmental entities after a hearing upon the fairness of such
         terms and conditions and at which all parties to the exchange have a right to appear.

         The bill also:
             Expands the current exemption63 related to a transaction involving the distribution of securities
                 among an issuer’s own security holders to include persons that at the date of the transaction are
                 holders of options and all types of warrants;
             Replaces the terms “corporation, trust, or partnership” with the more expansive term “business
                 entity” throughout for consistency;
             Requires, under the current exemption related to the offer or sale of securities from one
                 corporation to another pursuant to a vote,64 that the issuer is parties to the reorganization, and
                 eliminates the requirement that the security holders consent to the sale of such securities;65
             Expands the current exemption relating to employer-sponsored stock option plans 66 to include
                 any securities, plan interests, and guarantees issued under a compensatory benefit plan or
                 compensation contract, and requires that the employee benefit plan be contained in a record
                 established by the issuer, its parents, its majority-owned subsidiaries, or the majority-owned
                 subsidiaries of the issuer’s parent for the participation of their employees;
             Eliminates the requirement, under the exemption relating to the offer or sale of securities to a
                 financial institution,67 that the Commission define “institutional buyer,” and makes the current
                 caveat on the exemption that the offers or sales of securities cannot be for the direct or indirect
                 promotion of any scheme or enterprise with the intent of violating or evading the Act generally
                 applicable to all exemptions, not just this one; and

57 Id.
58 Id.
59 Id.
60 NASAA, Uniform Securities Acts, https://www.nasaa.org/industry-resources/uniform-s ecurities-acts/     (last visited Jan. 8,
2024).
61 Id.
62 Id.
63 S. 517.061(6), F.S.
64 S. 517.061(9), F.S.
65 This requirement is not eliminated entirely. The requirement for security holders’ consent is a matter of corporate law

and already covered under Florida’s corporate laws, and therefore unnecessary to include it in the Act.
66 S. 517.061(15), F.S.
67 S. 517.061(11)(a), F.S.
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                   Removes the provision prohibiting the payment of a commission or compensation for the sale of
                    the securities in certain circumstances relating to the offer or sale, by or on behalf of an issuer,
                    of its own securities, where there are no more than 35 purchasers, as the Act already prohibits
                    any commission payment except to a registered dealer.

         The bill also incorporates NASAA’s model accredited investor exemption. Sales of securities may only
         be made to persons who are, or the issuer reasonably believes are, accredited investors. The
         exemption is not available to an issuer that is in the development stage and that has no specific
         business plan or purpose, or has indicated that its business plan is to engage in a merger or acquisition
         with an unidentified company or other entity or person.68

         Additionally, the bill:
             Adds a secured party69 to those eligible to participate in exempt transactions related to
                 liquidation of a debt secured by a security;
             Creates an exemption for nonissuer transactions with a covered adviser, managing investments
                 in excess of $100 million, acting in the exercise of discretionary authority in a signed record for
                 the accounts of others; and
             Allows the Commission to recognize by rule clearinghouses able to clear option transactions for
                 purposes of the exemption described above; requires that the underlying security is purchased
                 or sold on a recognized security exchange registered under the 1934 Act and to eliminate the
                 possibility that the underlying security instead be quoted on the National Association of
                 Securities Dealers Automated Quotation System.70

         The bill also creates an exemption for certain transactions based on the USA. Nonissuer transactions in
         an outstanding security by or through a dealer registered or exempt from registration are exempt if two
         conditions are met. First, the issuer must be a reporting issuer in Canada or in a foreign jurisdiction
         designated by Commission rule and the issuer has been subject to continuous reporting requirements
         for not less than 180 days before the transaction; and second, the security is listed on The Toronto
         Stock Exchange, Inc. or on a foreign jurisdiction’s securities exchange that has been designated by
         Commission rule, or is a security of the same issuer that is of senior or substantially equal rank to the
         listed security or is a warrant or right to purchase or subscribe to any of the foregoing. The bill provides
         that OFR may revoke any designation of a securities exchange if OFR finds that revocation is
         necessary or appropriate in the public interest and for the protection of investors.71

         Intrastate Crowdfunding

         Background

         Florida’s intrastate crowdfunding exemption currently provides that an offer or sale of a security that is
         conducted in accordance with certain statutory requirements is an exempt transaction under the Act.72
         However, this exemption may not be used in conjunction with any other exemption under the Act.73




68 Id. at 20.
69 S. 517.061(2),    F.S.
70 Id. at 20-21.
71 Id. at 21.
72 S. 517.0611(2),    F.S.
73 Id.
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        The exemption requires that the offer or sale of securities be conducted in accordance with the
        requirements of the federal exemption for intrastate offerings in s. 3(a)(11) of the 1933 Act and SEC
        Rule 147.74 Further, the exemption requires that an issuer:
            Be a for-profit business entity formed under the laws of the state, be registered with the
               Secretary of State, maintain its principal place of business in the state, and derive its revenues
               primarily from operations in the state;
            Conduct transactions for the offering through a dealer or intermediary registered with OFR;
            Not be, either before or as a result of the offering, an investment company or subject to the
               reporting requirements of s. 13 or s. 15(d) of the 1934 Act;
            Not be a company with an undefined business operation, a company that lacks a business plan,
               a company that lacks a stated investment goal for the funds being raised, or a company that
               plans to engage in a merger or acquisition with an unspecified business entity;
            Not be subject to a disqualification established by the Commission or OFR or a disqualification
               described in s. 517.1611, F.S., or SEC Rule 506(d). Each director, officer, person occupying a
               similar status or performing a similar function, or person holding more than 20% of the shares of
               the issuer, is subject to this requirement;
            Execute an escrow agreement with a federally insured financial institution authorized to do
               business in the state for the deposit of investor funds, and ensure that all offering proceeds are
               provided to the issuer only when the aggregate capital raised from all investors is equal to or
               greater than the target offering amount; and
            Allow investors to cancel a commitment to invest within 3 business days before the offering
               deadline, as stated in the disclosure statement, and issue refunds to all investors if the target
               offering amount is not reached by the offering deadline. 75

        Under this exemption, an issuer must provide investors and the dealer or intermediary, along with a
        copy to OFR at the time that the notice is filed, and make available to potential investors through the
        dealer or intermediary, a disclosure statement containing material information about the issuer and the
        offering, which must include certain specified information. 76

        The issuer must also provide OFR with a copy of the escrow agreement with a financial institution
        authorized to conduct business in this state.77 All investor funds must be deposited in the escrow
        account.78 The escrow agreement must require that all offering proceeds be released to the issuer only
        when the aggregate capital raised from all investors is equal to or greater than the minimum target
        offering amount specified in the disclosure statement as necessary to implement the business plan, and
        that all investors will receive a full return of their investment commitment if that target offering amount is
        not raised by the date stated in the disclosure statement. 79

        Currently, offerings are limited to $1 million, and offers or sales to a person owning 20% or more of the
        outstanding shares of any class or classes of securities or to an officer, director, partner, or trustee, or a
        person occupying a similar status, do not count toward this limitation. 80 Moreover, sales of securities to
        non-accredited investors in a 12-month period may not exceed:
             The greater of $2,000 or 5% of the annual income or net worth of such investor, if the annual
                 income or the net worth of the investor is less than $100,000; or
             10% of the annual income or net worth of such investor, not to exceed a maximum aggregate
                 amount sold of $100,000, if either the annual income or net worth of the investor is equal to or
                 exceeds $100,000.81
        OFR may summarily suspend a notice filing if the payment for the filing is dishonored by the financial
        institution upon with which the funds are drawn or if the issuer made a material false statement in the


74 S. 517.0611(3), F.S.
75 S. 517.0611(4), F.S.
76 S. 517.0611(7), F.S.
77 S. 517.0611(8), F.S.
78 Id.
79 Id.
80 S. 517.0611(9), F.S.
81 S. 517.0611(10), F.S.
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DATE: 1/16/2024
        issuer’s notice-filing.82 A material false statement made in the issuer’s notice-filing results in a final
        order by OFR revoking the notice-filing, issuing a fine and permanent bar to the issuer and all owners,
        officers, directors, and control persons, or any person occupying a similar status or performing a similar
        function of the issuer.83

        The Act also provides certain requirements for intermediaries, 84 as well as prohibited activities for
        intermediaries.85

        INVEST GEORGIA EXEMPTION

        The Invest Georgia Exemption (IGE) was created in 2011 by the Georgia’s Commissioner of
        Securities.86 IGE allows for-profit businesses formed under Georgia law or properly registered to
        transact business in Georgia to raise up to $5 million in a single offering. 87 IGE filers can sell up to
        $10,000 in securities to non-accredited Georgia investors, and can sell up to the offering limit to
        accredited Georgia investors.88

        Businesses qualify for the IGE program if 80% of gross revenues are derived from Georgia; 80% of
        assets are held in Georgia; 80% of the offering’s proceeds are used in Georgia; or a majority of the
        issuer’s employees are based in Georgia.89

        Qualifying businesses are able to send out general solicitations to potential investors but can only offer
        and sell to Georgia residents.90 Further, IGE does not set limitations on the securities offered; rather,
        IGE gives the issuer the freedom to set their own valuation for issuing equity or convertible notes,
        loans, etc.91

        According to Georgia’s Division of Securities, IGE has been successfully used by breweries, medical
        technology firms, real estate firms, manufacturers, restaurants, entertainment, and other businesses. 92
        Over 100 companies have used IGE since its inception in 2011. 93

        Effect of the Bill

        The bill renames the “Florida Intrastate Crowdfunding Exemption” to “The Florida Limited Offering
        Exemption,” allows the exemption to be used in conjunction another exemption, and allows any for-
        profit business entity that is principally located in and gets its primary revenue within Florida, rather than
        only Florida corporations so located and funded, to use the exemption.




82 S. 517.0611(12)(a),F.S.
83 S. 517.0611(12)(b),F.S.
84 See S. 517.0611(13), F.S.
85 See S. 517.0611(14), F.S.
86 Georgia Secretary of State Securities Division, Invest Georgia Exemption, https://sos.ga.gov/sites/default/files/2023-

05/IGE%20pamplet-web.pdf (last visited Jan. 10, 2024).
87 Id.
88 Id.
89 Id.
90 Id.
91 Id.
92 Id.
93 Id.
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       The bill:
           Allows issuers conducting an offering of $2.5 million or less to conduct transactions without a
               dealer or intermediary registered with OFR, and requires that issuers conducting an offering of
               $2.5 million or more use a dealer or intermediary;
           Increases the offering limit under this exemption from $1 million to $5 million;
           Adds managers, managing members, or general partners to the list of those persons that do not
               count toward the offering limitation; and
           Replaces the term “shares” with “equity interests.”

       The bill eliminates the requirement to execute a third-party escrow agreement. It also requires that
       investor funds be deposited in an account in a federally insured financial institution and maintained in
       the account until the target offering amount has been reached, the offering has been terminated, or the
       offering has expired, and requires the issuer to refund all funds to investors within 10 business days if
       the target offering amount is not reached or the offering is terminated or expires.

       The bill also:
           Eliminates a required attestation that the issuer and certain other related persons are not
               currently and have not been within the past 10 years the subject of regulatory or criminal actions
               involving fraud or deceit;
           Reduces the number of days in which an issuer must amend the notice it submitted to OFR
               from 30 days after any information becomes inaccurate to 10 business days after any material
               information becomes inaccurate;
           Allows the issuer to engage in general advertising and general solicitation of the offer to
               prospective investors, provided certain conditions are met; and
           Requires that the issuer provide the names of managers, managing members, and general
               partners and the ownership percentage of each person holding more than 20% of the issuer’s
               equity interests.

       It limits the amount of securities that can be sold by an issuer to an unaccredited investor to $10,000,
       rather than an amount that is a computation based on personal income or net worth. This bill also
       eliminates a required annual report to investors and OFR.

       The bill retains the current substantive disclosure obligations of issuers to prospective investors.
       However, because of the change in maximum offering amounts and universal revisions to include
       control persons of certain entities, the financial disclosure obligations have been revised for differing
       offering amounts, clarified as to the required types of financial statements, and updated to conform with
       technical changes in federal securities laws.

       Further, it allows a purchaser to void any sale made pursuant to this section by notifying the issuer that
       the purchaser expressly voids the purchase within 3 days after the first tender of consideration is made
       by such purchaser to the issuer. The purchaser’s notice must be sent by email, certified mail, or
       overnight delivery service with proof of delivery.

       Florida Invest Local Exemption

       Effect of the Bill

       The bill creates a new intrastate offering exemption, based in part on Georgia’s IGE program. The
       offering is limited to $500,000 and any one investor may not invest more than $10,000 unless the
       investor is accredited, a specified employee, or a 10% or more shareholder. Under this exemption, an
       offer or sale of security by an issuer is exempt from the Act if the following conditions are met:
            An issuer must be a for-profit business entity registered with the Department of State with its
               principal place of business in this state.
            The issuer may not be, before or as a result of the offering:
                    o An investment company;
                    o Subject to the reporting requirements of the 1934 Act;

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                     o  A business entity with an undefined business plan, that lacks a business plan, that lacks
                        a stated investment goal for the funds being raised, or that plans to engage in a merger
                        or acquisition with an unspecified business entity; or
                    o Disqualified pursuant to s. 517.0616, F.S.94
               Further, the transaction must meet the requirements of the federal exemption for intrastate
                offerings in s. 3(a)(11) of the 1933 Act and SEC Rule 147 or SEC Rule 147A.

        An issuer may engage in general advertising and general solicitation. However, any general advertising
        or general announcement must state that the offer is limited and open only to residents of this state and
        is subject to the enforcement provisions of the Act.

        A purchaser must receive, at least 3 business days before any binding commitment to purchase or
        consideration paid, a disclosure document that provides material information of the issuer, which
        includes, but is not limited to, certain specified information under the exemption. All funds received from
        investors must be deposited into a bank or depository institution authorized to do business in this state
        and funds may not be withdrawn until the target offering amount has been received. 95

        The issuer must file a notice of the offering and the disclosure document with OFR on a form prescribed
        by Commission rule no less than 5 business days before the offering commences. A purchaser may
        void any sale made pursuant to this section by notifying the issuer that the purchaser expressly voids
        the purchase within 3 days after the first tender of consideration is made by such purchaser to the
        issuer. The purchaser’s notice must be sent by email, hand delivery, courier service, or other method
        with proof of delivery.

        Demo Day Presentations and “Testing the Waters”

        Background

        On November 2, 2020, the SEC adopted amendments to facilitate capital formation and increase
        opportunities for investors by expanding access to capital for small and medium-sized businesses and
        entrepreneurs across the United States.96 The amendments affected various rules and requirements,
        including adding SEC Rule 148, relating to “demo day” communications and SEC Rule 241, relating to
        an issuer’s ability to “test the waters” to determine whether there is any interest in a contemplated
        offering.97

        SEC RULE 148

        New SEC Rule 14898 provides that certain “demo day” communications 99 will not be deemed a general
        solicitation or general advertising.100 Under this rule, an issuer will not be deemed to have engaged in
        general solicitation if the communications are made in connection with an event sponsored by a
        college, university, or other institution of higher education, a state or local government or instrumentality
        thereof, a nonprofit organization, or an angel investor group. However, certain conditions must be
        satisfied, such as limits on the sponsor’s activities, a requirement that the advertising for the event not




94 Created by the bill, proposed s. 517.0616,   F.S., provides that certain registration exemptions are not available to an
issuer that would be disqualified under SEC Rule 506(d) at the time the issuer makes an offer for the sale of a security.
95 Id. at p. 25.
96 U.S. Securities and Exchange Commission, Facilitating Capital Formation and Expanding Investment Opportunities by

Improving Access to Capital in Private Mark ets, https://www.sec.gov/corpfin/facilitating-capital-formation-secg (last visited
Jan. 8, 2024).
97 Id.
98 17 C.F.R. 230.148.
99 For purposes of SEC Rule 148, “communications” mean communications made in connection with an event sponsored

by a group or entity that invites issuers to present their businesses to potential investors with the aim of securing
investment. See U.S. Securities and Exchange Commission, supra note 96.
100 Id.
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          reference any specific offering of securities by the issuer, and limits on the information conveyed at the
          event regarding the offering of securities by or on behalf of the issuer. 101

          SEC RULE 241

          SEC Rule 241102 permits an issuer, or any person authorized to act on behalf of an issuer, to
          communicate orally or in writing to determine whether there is any interest in a contemplated exempt
          offering prior to deciding on the exemption it plans to use.103 The new rule requires such generic
          “testing the waters” materials, also known as solicitations of interest, to state that:
               The issuer is considering an offering of securities exempt from registration under the 1933 Act,
                  but has not determined a specific exemption from registration the issuer intends to rely on for
                  the subsequent offer and sale of the securities;
               No money or other consideration is being solicited, and if sent in response, will not be accepted;
               No offer to buy the securities can be accepted and no part of the purchase price can be
                  received until the issuer determines the exemption under which the offering is intended to be
                  conducted and, where applicable, the filing, disclosure, or qualification requirements of such
                  exemption are met; and
               A person’s indication of interest involves no obligation or commitment of any kind. 104

          The communication may include a means for a person to indicate interest in a potential offering and an
          issuer may require such indication to include the person’s name, address, telephone number, and email
          address.105 SEC Rule 241 also requires that the generic solicitation materials be made publicly
          available as an exhibit to the offering materials filed with the SEC if a Regulation A106 or Regulation
          Crowdfunding107 offering is commenced within 30 days of the generic solicitation, and that an issuer
          provide purchasers with the materials if the issuer sells securities under Rule 506(b) within 30 days of
          the generic solicitation of interest to any purchaser that is not an accredited investor. 108

          Effect of the Bill

          The bill allows issuers to engage in solicitation of potential investors under specified limited conditions.
          In doing so, the bill adopts SEC Rule 148 that provides for issuer presentation at a specified form of a
          “demo day” meeting that is sponsored by one of the specified organizations. The bill also adopts SEC
          Rule 241, allowing issuers to “test the waters” before making any offering to determine whether the
          time, energy, and expense of a possible offering would be worthwhile. Both provisions allow a potential
          issuer to evaluate the viability of an offering and accordingly avoid unnecessary time and expense. All
          communications made under these provisions are subject to the anti-fraud provisions of the Act.109

          Registration Procedures

          Background

          All securities required by the Act to be registered before being sold in Florida and not entitled to
          registration by notification must be registered in the manner provided by Act.110 OFR receives and
          reviews the applications for securities to be registered, and the Commission may prescribe forms on


101 Id.
102 17 C.F.R. 230.241.
103 U.S. Securities and Exchange Commission, supra note 96.
104 Id.
105 Id.
106 SEC Regulation A establishes two tiers of offerings   that are exempt from registration under the 1933 Act. See U.S.
Securities and Exchange Commission, supra note 96.
107 The SEC Regulation Crowdfunding provides an exemption from registration for certain securities offerings that solicit

relatively small individual investments or contributions from a large number of investors. Id.
108 U.S. Securities and Exchange Commission, supra note 96.
109 The Florida Bar Business Law Section, supra note 1, at p. 56.
110 S. 517.081(1), F.S.
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        which such applications are to be submitted.111 Applications must be signed by the applicant, sworn to
        by any person having knowledge of the facts, and filed with OFR.112

        OFR may require the applicant to submit to the following information concerning the issuer and such
        other relevant information as OFR may need to ascertain whether such securities shall be registered
        under the Act:
             The names and addresses of:
                     o All the directors, trustees, and officers, if the issuer is a corporation, association, or trust.
                     o All the managers or managing members, if the issuer is a limited liability company.
                     o All the partners, if the issuer is a partnership.
                     o The issuer, if the issuer is a sole proprietorship or natural person.
             The location of the issuer’s principal business office and of its principal office in this state, if any.
             The general character of the business actually to be transacted by the issuer and the purposes
                of the proposed issue.
             A statement of the capitalization of the issuer.
             A balance sheet showing the amount and general character of its assets and liabilities on a day
                not more than 90 days prior to the date of filing such balance sheet or such longer period of
                time, not exceeding 6 months, as OFR may permit at the written request of the issuer on a
                showing of good cause therefor.
             A detailed statement of the plan upon which the issuer proposes to transact business.
             A statement of the amount of the issuer’s income, expenses, and fixed charges during the last
                fiscal year or, if in actual business less than 1 year, then for such time as the issuer has been in
                actual business.
             A statement of the issuer’s cash sources and application during the last fiscal year or, if in actual
                business less than 1 year, then for such time as the issuer has been in actual business.
             A statement showing the maximum price at which such security is proposed to be sold, together
                with the maximum amount of commission, including expenses, or other form of remuneration to
                be paid in cash or otherwise, directly or indirectly, for or in connection with the sale or offering
                for sale of such securities.
             A copy of the opinion or opinions of counsel concerning the legality of the issue or other matters
                which OFR may determine to be relevant to the issue.
             A detailed statement showing the items of cash, property, services, patents, good will, and any
                other consideration in payment for which such securities have been or are to be issued.
             The amount of securities to be set aside and disposed of and a statement of all sec urities
                issued from time to time for promotional purposes.113

        OFR may also require the applicant to submit a copy of the securities certificate, if applicable, and a
        copy of any circular, prospectus, advertisement, or other description of such securities. 114 The
        Commission shall adopt a form for a simplified offering circular to register securities that are sold in
        offerings in which the aggregate offering price in any consecutive 12-month period does not exceed $5
        million.115 This is synonymous with a Small Company Offering Registration (SCOR) under the 1933
        Act.116 To qualify for use of the simplified offering circular, the issuer must:
              Agree to provide OFR with an annual financial report containing a balance sheet as of the end
                 of the issuer’s fiscal year and a statement of income for such year (and if the issuer has more
                 than 100 security holders at the end of a fiscal year, the financial statements must be audited);
                 and
              Annual financial reports must be filed with OFR within 90 days after the close of the issuer’s
                 fiscal year for each of the first 5 years following the effective date of the registration. 117


111 S. 517.081(2), F.S.
112 S. 517.081(2), F.S.
113 S. 517.081(3), F.S.
114 S. 517.081(3)(g)1., F.S.
115 S. 517.081(3)(g)2., F.S.
116 The Florida Bar Business Law Section, supra note 1, at p. 59.
117 S. 517.081(3)(g)2., F.S.
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        Further, if the issuer is a corporation, a copy of its articles of incorporation with all amendments and of
        its existing bylaws, if not already on file, must be filed with OFR. If the issuer is a limited liability
        company, a copy of the articles of organization with all the amendments and a copy of the company’s
        operating agreement as may be amended, if not already on file, must be filed with OFR. If the issuer is
        a trustee, a copy of all instruments by which the trust is created or declared and in which it is accepted
        and acknowledged must be filed with OFR. If the issuer is a partnership, unincorporated association,
        joint-stock company, or any other form of organization whatsoever, a copy of its articles of partnership
        or association and all other papers pertaining to its organization, if not already on file, must be filed with
        OFR.118

        An issuer filing an application must, at the time of filing, pay OFR a nonreturnable fee of $1,000 per
        application for each offering that exceeds $5 million, or $200 per application for each offering that does
        not exceed $5 million.119

        If upon examination of an application OFR finds that the sale of the security would not be fraudulent,
        that the terms of the sale of such securities would be fair, just, and equitable, and that the enterprise or
        business of the issuer is not based upon unsound business principles, OFR must record the registration
        of such security in the register of securities.120 Thereafter, such registered security may be sold by any
        registered dealer, subject, however, to the further order of OFR.121
        The OFR must consider a filed application abandoned if the issuer or any person acting on behalf of the
        issuer has failed to timely complete an application specified by Commission rule.122

        Effect of the Bill

        The bill:
            Consolidates the provisions of the Act relating to the Commission’s rule-making authority for
                registration procedures;
            Eliminates the requirement for 5 years of annual reports and audited financial statements
                applicable to simplified securities offerings that use the SCOR registration method; and
            Eliminates the prohibition against a person using the SCOR registration method for the resale of
                securities, which will allow non-control persons to resell securities through a Florida-based
                registration process.123

        Consent to Service

        Background

        The Act requires an issuer, upon any initial application for registration under the Act or upon request of
        OFR, to file with such application the irrevocable written consent to service. 124 The written consent must
        be authenticated by the seal of said issuer (if it has a seal), and by the acknowledged signature of a
        member of the co-partnership or company, or by the acknowledged signature of any officer of the
        incorporated or unincorporated association, and such consent to service must be duly authorized by
        resolution of the board of directors, trustees, or managers of the corporation or association (and such
        resolutions must be filed as a certified copy with the written consent to service). 125

        Effect of the Bill

        The bill expands the type of persons who are eligible to sign the written consent on behalf of a business
        entity to include directors, managers, managing members, general partners, trustees, or officers of the

118 S. 517.081(3)(n),F.S.
119 S. 517.081(6), F.S.
120 S. 517.081(7), F.S.
121 S. 517.081(7), F.S.
122 S. 517.081(8), F.S.
123
124 S. 517.101,   F.S.
125 S. 517.101(1),  F.S.
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DATE: 1/16/2024
        issuer. The bill also expands the persons who can authorize the signer to execute the written consent
        to include the issuer’s general partners and managing members.

        Securities Guaranty Fund

        Background

        The Act establishes Florida’s Securities Guaranty Fund (SGF). 126 The SGF provides financial
        assistance to persons who are adjudged by a court to have suffered monetary damages as a result of a
        violation of ss. 517.07 or 517.301, F.S., committed by a dealer, investment adviser, or associated
        person who was licensed under the Act at the time the violation occurred.127 The SGF is funded by a
        percentage of revenues received as assessment fees by OFR. 128

        For a person to be eligible to receive payment from the SGF, the following requirements must be met:
             The act for which recovery is sought occurred on or after January 1, 1979;
             The person has received final judgement from a court that a violation of ss. 517.07 or 517.301,
               F.S., occurred for which monetary damages are awarded;
             The person has made all reasonable searches and inquiries to ascertain whether the violator
               possesses assets that can be sold in satisfaction of the damages awarded, and in such search
               has discovered no or insufficient assets; and
             The person has applied any amounts recovered from the violator, or from any other source, to
               the damages awarded by the court.129

        PAYMENT FROM THE FUND

        Any person who meets all the requirements outlined above may apply to OFR for payment to be made
        to such person from the SGF in the amount equal to the unsatisfied portion of such person’s judgement
        or $10,000, whichever is less, but only to the extent and amount reflected in the judgement as being
        actual or compensatory damages, excluding post-judgement interest, costs, and attorney’s fees.130

        Among other things, the Act also establishes that:131
           Regardless of the number of claims involved, payments for claims shall be limited in the
             aggregate to $100,000 against any one dealer, investment adviser, or associated person.
                 o If the total claims exceed the aggregate limit of $100,000, OFR shall prorate the
                      payment to each claimant based upon the ration that the person’s claim bears to the
                      total claims filed.
           If the final judgement that gave rise to the claim is overturned in any appeal or any collateral
             proceeding, the claimant must reimburse the SGF all amounts paid from the SGF.
                 o The claimant shall reimburse the SGF all amounts paid from the SGF following any
                      satisfaction of the final judgement.
                 o Such reimbursement must be paid to OFR within 60 days after the final resolution of the
                      appellate or collateral proceedings or the satisfaction of judgement, with the 60-day
                      period commencing on the date the final order or decision is entered in such
                      proceedings.
           OFR may institute legal proceedings to enforce compliance with the section and with s.
             517.131, F.S., to recover money owed to the SGF, and is entitled to recover interest, costs, and
             fees in any action brought pursuant to the section in which OFR prevails.

126 S. 517.101,   F.S.
127 S. 517.131(1)(a),   F.S. See also, Office of Financial Regulation, Statute Review: Biennial Report December 2022
(https://flofr.gov/sitePages/documents/OFR-St atute-Review-Report-2022.pdf), p. 21-22 (last visited Jan 4, 2024).
128 S. 517.131(1)(a), F.S. Specifically, a maximum of 20% of all revenues received as assessment fees pursuant to ss.

517.12(9) and (10), F.S., for dealers and investment advisers (or s. 517.1201 for federal covered advisers), and a
maximum of 10% of all revenues received as assessment fees pursuant to ss. 517.12(9) and (10), F.S., for associated
persons must be part of the regular registration fee and must be transferred to the SGF.
129 S. 517.131(2), F.S.
130 S. 517.131, F.S.
131 S. 517.141, F.S.
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        Moreover, the Act requires a claimant to wait a minimum of two years after filing a claim with OFR
        before a payment determination can be made.132

        Effect of the Bill

        These sections are substantially reorganized and amended to improve usability and clarity. Additionally,
        the term “license” is replaced with “registration” for accuracy and the term “Fund” is replaced with
        “Securities Guaranty Fund” for consistency throughout ss. 517.131 and 517.141, F.S.

        SECURITIES GUARANTY FUND

        The bill:
            Specifies that the purpose of the SGF is to provide monetary relief to victims of securities
                violations under the Act who are entitled to monetary damages or restitution and cannot recover
                the full amount of such monetary damages or restitution from the violator.
            Defines the term “final judgment” as also including an arbitration award confirmed by a court of
                competent jurisdiction.
            Requires that a person meet the following conditions to be eligible for payment from the SGF for
                acts that occur on or after October 1, 2024:
                    o The person holds an unsatisfied final judgment in which a violator was found to have
                         violated s. 517.07, F.S. or s. 517.301, F.S.
                    o The person has applied any amounts recovered from the judgment debtor, or from any
                         other source, to the damages awarded by the court or arbitrator.
                    o The person is a natural person who was a resident of this state or is a business entity
                         that was domiciled in this state at the time of the violation giving rise to the claim.
                    o In making the above changes, the bill eliminates the ability of OFR to waive certain
                         requirements under the section, and the requirement that the claimant make all
                         reasonable searches and inquiries to ascertain whether the judgment debtor possesses
                         real or personal property or other assets subject to being sold or applied in satisfaction
                         of the judgment.
            Prohibits a person from being eligible for payment from the Fund if the person has:
                    o Participated or assisted in a violation of the Act;
                    o Attempted to commit or committed a violation of the Act; or
                    o Profited from a violation of the Act




132 S. 517.141(3),   F.S.
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DATE: 1/16/2024
        The bill requires that an eligible person, or a receiver on behalf of an eligible person, seeking payment
        from the SGF to file a written application. The application must be filed with OFR within 1 year after the
        date of the final judgment, the date on which restitution order has been ripe for execution, or the date of
        any appellate decision thereon, and the application must contain such information as OFR may require.

        Each eligible person or receiver, within 90 days after OFR’s receipt of a complete application, must be
        given written notice, personally or by mail, that OFR intends to approve or deny, or has approved or
        denied, the application for payment from the SGF. In making this change, the bill eliminates the current
        two-year waiting period.

        The bill requires an eligible person or receiver to assign all right, title, and interest in the final judgment
        or order of restitution, to the extent of such payment to OFR upon receipt of the notice indicating OFR’s
        intent to approve an application for payment from the SGF and before any disbursement, rather than
        upon receipt of payment. Further, the bill requires OFR to deem an application abandoned if the eligible
        person fails to timely complete the application as prescribed by Commission rule.133

        PAYMENT FROM THE FUND

        The bill increases the amount that an eligible person may recover from the SGF from $10,000 to
        $15,000, adds an exception allowing recovery of up to $25,000 if the person is a specified adult.134 The
        aggregate limit on claims is also increased from $100,000 to $250,000.

        Further, the bill requires:
             OFR to submit authorization for payment to the Chief Financial Officer within 30 days after the
               approval of an eligible person for payment from the SGF, and allow the Chief Financial Officer’s
               designee, to make payments or disbursements from the SGF;
             Reimbursements to the SGF be paid to the Department of Financial Services (DFS), rather than
               OFR; and
             A claimant who knowingly and willfully files (or causes to be filed) an application or any
               supporting documentation that contains false, incomplete, or misleading information in any
               material aspect forfeits all payments from the SGF. (The bill also specifies that filing such false
               documentation is unlawful and a violation of the Act and punishable as provided therein.)

        In connection with the above referenced changes, the bill allows DFS, instead of OFR, to institute legal
        proceedings to enforce compliance with s. 517.131, F.S., and to recover money owed to the SGF, and
        to recover interest, costs, and attorney’s fees in any action brought pursuant to this section in which
        DFS prevails. The bill also eliminates the two-year waiting period.

        Enforcement by OFR and the Attorney General; Civil Penalties for Violations

        Background

        When it appears to OFR, whether upon complaint or otherwise, that a person has engaged in any act
        constituting a violation of the Act or a rule or order thereunder, OFR may investigate and, if the
        evidence is sufficient, may bring an action on behalf of the state against such person. 135

        Additionally, OFR may also apply to the court for an order directing the defendant to make restitution of
        those sums shown by OFR to have been obtained in violation of the Act. 136 OFR may also petition the
        court to impose a civil penalty against the defendant in an amount not to exceed:


133 Office of Financial Regulation, supra note 16, at p. 29.
134 The Act defines  “specified adult” as a natural person 65 years of age or older, or a natural person 18 years of age or
older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is
impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain
damage, or the infirmities of aging. See s. 517.34(1)(b), and s. 415.102(28), F.S.
135 S. 517.191, F.S.
136 S. 517.191(3), F.S.
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                $10,000 for a natural person or $25,000 for any other person, or the gross amount of pecuniary
                 gain to such defendant for each such violation, other than a violation of s. 517.301, F.S.;
                Plus $50,000 for a natural person or $250,000 for any other person, or the gross amount of
                 pecuniary gain to such defendant for each violation of s. 517.301, F.S.137

          All civil penalties collected pursuant to the above-referenced statutory guidelines must be deposited
          into the Anti-Fraud Trust Fund.138

          In addition to the authority granted to OFR, the section also provides that when the Attorney General,
          whether upon complaint or otherwise, has reason to believe that a person has engaged or is about to
          engage in a practice constituting a violation of ss. 517.275, 517.301, 517.311, or s. 517.312, F.S., the
          Attorney General may investigate and bring an action to enforce certain provisions of the Act after
          receiving written approval from OFR.139

          The Act does not limit the authority of OFR to bring an administrative action against any person that is
          the subject of a civil action brought pursuant to the Act or limit the authority of OFR to engage in
          investigations or enforcement actions with the Attorney General. 140 However, a person may not be
          subject to both a civil penalty described above and an administrative fine under s. 517.221(3), F.S., as
          a result of the same facts.141

          An enforcement action must be brought within 6 years after the facts giving rise to the cause of action
          were discovered or should have been discovered with the exercise of due diligence, but not more than
          8 years after the date such violation occurred.142

          Effect of the Bill

          The bill:
              Increases the civil penalty imposable upon a natural person from $10,000 to $20,000;
              Allows OFR to recover any costs and attorney fees related to its investigation or enforcement of
                  the section, which must also be deposited into the Anti-Fraud Trust Fund;
              Provides that in the event a specified adult143 is a victim of a violation of the section, twice the
                  amount of the civil penalty that would otherwise be imposed, which is $50,000 for a natural
                  person or $250,000 for a business entity;
              Establishes joint and several liability for any control person who is found to have violated any
                  provision of the Act;
              Provides that a person who knowingly and recklessly provides substantial assistance to another
                  person in violation of a provision of the Act is deemed to violate the provision to the same extent
                  as the person to whom such assistance was provided;
              Allows OFR to issue and serve upon a person a cease and desist order if OFR has reason to
                  believe the person violates any provision of the Act, as well as an emergency cease and desist
                  order under certain circumstances; and
              Grants OFR the authority to impose and collect an administrative fine against any person found
                  to have violated any provision of the Act, which must also be deposited into the Anti-Fraud Trust
                  Fund.

          Remedies Available in Cases of Unlawful Sale


137 S. 517.191(4),   F.S.
138 Id.
139 S. 517.191(5),   F.S.
140 S. 517.191(6),   F.S.
141 Id.
142 S. 517.191(7), F.S.
143 The Act defines  “specified adult” as a natural person 65 years of age or older, or a natural person 18 years of age or
older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is
impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain
damage, or the infirmities of aging. See s. 517.34(1)(b), and s. 415.102(28), F.S.
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        Background

        The Act provides that every sale made in violation of either ss. 517.07144 or 517.12(1),145 (3),146 (4),147
        (8),148 (10),149 (12),150 (15),151 or (17),152 F.S., may be rescinded at the election of the purchaser, except
        a sale made in violation of the provisions relating to a renewal of a branch office notification and a sale
        made in violation of the provisions relating to filing a change of address amendment is not subject to
        rescission.

        Moreover, each person making the sale and every agent of the seller, if the agent has personally
        participated or aided in making the sale, is jointly and severally liable to the purchaser in an action for
        rescission, if the purchaser still owns the security, or for damages, if the purchaser has sold the
        security.153 Additionally, any person purchasing or selling a security in violation of s. 517.301, F.S., 154
        and every agent of such person, if the agent has personally participated or aided in making the sale or
        purchase, is jointly and severally liable to the person selling the security to or purchasing the security
        from such person in an action for rescission, if the plaintiff still owns the security, or for damages, if the
        plaintiff has sold the security.155

        The Act further provides that:
            In an action for rescission:
                   o A purchaser may recover the consideration paid for the security, plus interest thereon at
                       the legal rate, less the amount of any income received by the purchaser on the security
                       upon tender of the security.
                   o A seller may recover the security upon tender of the consideration paid for the security,
                       plus interest at the legal rate, less the amount of any income received by the defendant
                       on the security.156
            In an action for damages brought by a purchaser of a security or investment, the plaintiff shall
              recover an amount equal to the difference between:
                   o The consideration paid for the security, plus interest thereon at the legal rate from the
                       date of purchase; and
                   o The value of the security at the time it was disposed of by the plaintiff, plus the amount
                       of any income received on the security by the plaintiff. 157




144 S. 517.07, F.S., relates to viatical settlement investments.
145 S. 517.12(1), F.S., relates to a general prohibition against dealers and associated persons from selling or offering to
sale any securities in or from offices in Florida to persons in Florida unless the person is registered with OFR.
146 S. 517.12(3), F.S., relates to the registration and notice-filings of investment advisers, associated persons of

investment advisers, and federal covered advisers with OFR.
147 S. 517.12(4), F.S., relates to a general prohibition against dealers and investment advisers conducting business from a

branch office in Florida unless the branch office is registered has notice-filed with OFR pursuant to the Act.
148 S. 517.12(8), F.S., relates to a requirement that all dealers comply with the net capital and ratio requirements imposed

pursuant to the 1934 Act.
149 S. 517.12(10), F.S., relates to a general requirement that OFR register an applicant upon a finding that the applicant

has complied with the applicable registration provisions of the Act.
150 S. 517.12(12), F.S., relates to registration procedures when changes in personnel of a partnership or in the principals,

copartners, officers, or directors of a dealer or investment adviser occurs.
151 S. 517.12(15), F.S., relates to a general requirement that every applicant for initial or renewal registration as a

securities dealer and every person so registered must be registered as a broker or dealer with the SEC.
152 S. 517.12(17), F.S., relates to a requirement that every dealer and associated person registered or required to be

registered with OFR must satisfy any continuing education requirements established by rule.
153 S. 517.211(1), F.S.
154 S. 517.301, F.S., relates to fraudulent transactions and the falsification or concealment of facts.
155 S. 517.211(2), F.S.
156 S. 517.211(3), F.S.
157 S. 517.211(4), F.S.
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                In an action for damages brought by a seller of a security, the plaintiff shall recover an amount
                 equal to the difference between:
                     o The value of the security at the time of the complaint, plus the amount of any income
                        received by the defendant on the security; and
                     o The consideration received for the security, plus interest at the legal rate from the date of
                        sale.158

        In any such action, including an appeal, the court shall award reasonable attorneys’ fees to the
        prevailing party unless the court finds that doing so would be unjust.159

        Effect of the Bill

        The bill establishes that, for purposes of any action brought regarding an unlawful sale, a control
        person who controls any person found to have violated any provision specified in s. 517.211(1), F.S., is
        also jointly and severally liable with such controlled person, unless the control person can establish by
        a preponderance of the evidence that they acted in good faith and did not induce the act that
        constituted the violation.160

        Fraudulent Transactions; Falsification or Concealment of Facts; Boiler Rooms

        Background

        The Act defines the term “investment” for purposes of ss. 517.311161 and 517.312, F.S.,162 as any
        commitment of money or property principally induced by a representation that an economic benefit may
        be derived from such commitment, except that the term does not include a commitment of money or
        property for:
             The purchase of a business opportunity, business enterprise, or real property through a person
                licensed under ch. 475, F.S.,163 or registered under former ch. 498, F.S.;164 or
             The purchase of tangible personal property through a person not engaged in telephone
                solicitation, where said property is offered and sold in accordance with the following conditions:
                    o There are no specific representations or guarantees made by the offeror or seller as to
                         the economic benefit to be derived from the purchase;
                    o The tangible property is delivered to the purchaser within 30 days after sale, except that
                         such 30-day period may be extended by the office if market conditions so warrant; and
                    o The seller has offered the purchaser a full refund policy in writing, exercisable by the
                         purchaser within 10 days of the date of delivery of such tangible personal property,
                         except that the amount of such refund may not exceed the bid price in effect at the time
                         the property is returned to the seller.

        It is unlawful and a violation of the Act for a person, in connection with the rendering of any investment
        advice or in connection with the offer, sale, or purchase of any security, including any security
        exempted under the provisions of the Act and including any security sold in a transaction exempted
        under the Act, directly or indirectly:
              To employ any device, scheme, or artifice to defraud;
              To obtain money or property by means of any untrue statement of a material fact or any
                 omission to of a material fact necessary to make the statements made not misleading; or
              To engage in any transaction, practice, or course of business which operates or would operate
                 as a fraud or deceit upon a person.



158 S. 517.211(5), F.S.
159 S. 517.211(6), F.S.
160 Office of Financial Regulation, supra note 16, at p. 31.
161 S. 517.311, F.S., relates to false representations, deceptive words, and enforcement.
162 S. 517.312, F.S., relates to securities, investments, boiler rooms; prohibited practices; and remedies.
163 Chapter 475, F.S., relates to, among other things, the licensure and regulation of real estate brokers.
164 The former chapter 498, F.S., related to, among other things, the licensure and regulation of land sales practices.
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                 To publish or circulate any communication which describes such security for a consideration
                  received or to be received directly or indirectly from an issuer, underwriter, or dealer, or from an
                  agent or employee of such individual, without fully disclosing the receipt of such consideration
                  and the amount of the consideration.
                 To knowingly and willfully falsify, conceal, or cover up, by any trick, scheme, or device, a
                  material fact, make any false or fraudulent statement or representation, or make or use any
                  false document, knowing the same to contain any false or fraudulent statement.165

        Further, it is also unlawful and a violation of the Act for any person to directly or indirectly manage,
        supervise, control, or own, either alone or in association with others, any boiler room 166 in Florida which
        sells or offers for sale any security or investment in violation of the above described prohibitions. 167

        Effect of the Bill

        The bill amends the definition of “investment” for purposes of this provision of the Act to read as follows:
        any commitment of money or property principally induced by a representation that an economic benefit
        may be derived from such commitment, except that the term does not include a commitment of money
        or property for the purchase of a business opportunity, business enterprise, or real property through a
        person licensed under ch. 475, F.S.,168 or registered under former ch. 498, F.S.169

        The bill also consolidates the current provisions of the Act relating to false representations, boiler
        rooms, and prohibited practices into a single provision. The consolidated version of these provisions
        does not eliminate any of the liability provisions existing in current law.

        Miscellaneous

        Pursuant to the changes made by the bill, the bill relocates the following sections of the Act and, where
        applicable, consolidates the provisions elsewhere:
            S. 517.221, F.S., relating to cease and desist orders.
            S. 517.241, F.S., relating to remedies.
            S. 517.311, F.S., relating to false representations; deceptive words; enforcement.
            S. 517.312, F.S., relating to securities, investments, boiler rooms; prohibited practices;
               remedies.

        Overall, the bill modifies various provisions of the Act to incorporate recent amendments to federal
        securities laws since their passage and up to the effective date of the bill.

    B. SECTION DIRECTORY:

        Section 1.       Amends s. 517.021, F.S., relating to definitions.
        Section 2.       Amends s. 517.051, F.S., relating to exempt securities.
        Section 3.       Amends s. 517.061, F.S., relating to exempt transactions.
        Section 4.       Amends s. 617.0611, F.S., relating to intrastate crowdfunding.
        Section 5.       Creates s. 517.0612, F.S., relating to Florida Invest Local Exemption.
        Section 6.       Creates s. 517.0613, F.S., relating to failure to comply with a securities registration
                         exemption.
        Section 7.       Creates s. 517.0614, F.S., relating to integration of offerings.
        Section 8.       Creates s. 517.0615, F.S., relating to solicitations of interest.

165 S. 517.301,   F.S.
166 The Financial Industry Regulatory Authority describes “boiler rooms” as follows: “Typically run as outbound call
centers, boiler rooms are characterized by high pressure sales pitches from promoters targeting retail investors with highly
speculative—oftentimes fraudulent—investments.” See FINRA, Boiler Rooms: An Old Stock Scam Gets a Technology
Mak eover, https://www.finra.org/investors/insights/boiler-rooms-an-old-stock-gets-a-t echnology-makeover (last visited
Jan. 8, 2024).
167 S. 517.312, F.S.
168 Chapter 475, F.S., relates to, among other things, the licensure and regulation of real estate brokers.
169 The former chapter 498, F.S., related to, among other things, the licensure and regulation of land sales practices.
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        Section 9.        Creates s. 517.0616, F.S., relating to disqualification.
        Section 10.       Amends s. 517.081, F.S., relating to registration procedure.
        Section 11.       Amends s. 517.101, F.S., relating to consent to service.
        Section 12.       Amends s. 517.131, F.S., relating to Securities Guaranty Fund.
        Section 13.       Amends s. 517.141, F.S., relating to payment from the fund.
        Section 14.       Amends s. 517.191, F.S., relating to injunction to restrain violations; civil penalties;
                          enforcement by Attorney General.
        Section 15.       Amends s. 517.211, F.S., relating to remedies available in cases of unlawful sale.
        Section 16.       Repeals s. 517.221, F.S., relating to cease and desist orders.
        Section 17.       Repeals s. 517.241, F.S., relating to remedies.
        Section 18.       Amends s. 517.301, F.S., relating to fraudulent transactions; falsification or concealment
                          of facts.
        Section 19.       Repeals s. 517.311, F.S., relating to false representations; deceptive words;
                          enforcement.
        Section 20.       Repeals s. 517.312, F.S., relating to securities, investments, boiler rooms; prohibited
                          practices; remedies.
        Section 21.       Amends s. 517.072, F.S., relating to viatical settlement investments.
        Section 22.       Amends s. 517.12, F.S., relating to registration of dealers, associated persons,
                          intermediaries, and investment advisers.
        Section 23.       Amends s. 517.1202, F.S., relating to notice-filing requirements for branch offices.
        Section 24.       Amends s. 517.302, F.S., relating to criminal penalties; alternative fine; Anti-Fraud Trust
                          Fund; time limitation for criminal prosecution.
        Section 25.       Provides an effective date of October 1, 2024.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

             The bill has an indeterminable positive impact on state government revenues because the bill
             increases penalties that can be assessed against certain violators of the Act.

        2. Expenditures:

             The bill requires issuers conducting an offering under the accredited investor exemption to file a
             notice of transaction, a consent to service of process, and a copy of the general announcement with
             OFR. OFR will then review the materials filed. The bill does not provide additional funds for OFR
             personnel to conduct such review. Although it is unknown how many filings OFR will receive, OFR
             does not anticipate needing additional personnel in fiscal year 2024/2025 to conduct such
             reviews.170

             The bill also requires issuers conducting an offering under the Florida Invest Local Exemption to file
             a notice of the offering and a copy of the disclosure document with OFR. OFR will then review the
             materials filed. The bill does not provide additional funds for OFR personnel to conduct such review.
             Although it is unknown how many filings OFR will receive, OFR does not anticipate needing
             additional personnel in fiscal year 2024/2025 to conduct such reviews. 171




170 Office of Financial Regulation,   supra note 16, at p. 35.
171 Office of Financial Regulation,   supra note 16, at p. 33.
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    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

             None.

        2. Expenditures:

             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        The bill likely has a minimal positive impact on the private sector, as the bill modernizes Florida’s
        securities laws to align with recent development in federal securities laws and securities laws in other
        states.

    D. FISCAL COMMENTS:

        None.

                                                        III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

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

        2. Other:

             Not applicable.

    B. RULE-MAKING AUTHORITY:

        The table below illustrates the proposed sections of the bill that create rule-making authority.172

        Section                   Rule-Making Authority
        S. 517.061(11)            Allows the Commission to prescribe a notice of transaction form and
                                  procedures for filing it for purposes of the accredited investor exemption.
        S. 517.061(16)(b)1.       Allows the Commission to recognize a clearinghouse by rule.
        S. 517.061(20)            Allows the Commission to designate foreign jurisdictions and foreign
                                  securities exchanges.
        S. 517.0612(2)(h)         Allows the Commission to prescribe a notice of offering form and
                                  procedures for filing it for purposes of the Florida Invest Local Exemption
        S. 517.131(5)             Allows the Commission to prescribe an application form and procedures
                                  for filing it for purposes of the Securities Guaranty Fund
        S. 517.131(7)             Allows the Commission to prescribe an assignment form and procedures
                                  for filing it for purposes of the Securities Guaranty Fund
        S. 517.131(8)             Allows the Commission to specify a time period for completing an
                                  application for purposes of the Securities Guaranty Fund

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

172 Office of Financial Regulation,   supra note 16, at p. 33.
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                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0311.IBS                                                 PAGE: 27
DATE: 1/16/2024
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           PCS for HB 311                             ORIGINAL                                                  2024



    1                                         A bill to be entitled
    2              An act relating to securities; amending s. 517.021,
    3              F.S.; revising definitions; defining the terms "angel
    4              investor group" and "business entity"; amending s.
    5              517.051, F.S.; revising the list of securities that
    6              are exempt from registration requirements under
    7              certain provisions; amending s. 517.061, F.S.;
    8              revising the list of transactions that are exempt from
    9              registration requirements under certain provisions;
10                 amending s. 517.0611, F.S.; revising a short title;
11                 revising provisions relating to a certain registration
12                 exemption for certain securities transactions;
13                 updating the federal laws or regulations with which
14                 the offer or sale of securities must be in compliance;
15                 revising requirements for issuers relating to the
16                 registration exemption; revising requirements for the
17                 notice of offering that must be filed by the issuer
18                 under certain circumstances; specifying the timeframe
19                 within which issuers may amend such notice after any
20                 material information contained in the notice becomes
21                 inaccurate; authorizing the issuer to engage in
22                 general advertising and general solicitation under
23                 certain circumstances; specifying requirements for
24                 such advertising and solicitation; requiring the
25                 issuer to provide a disclosure statement to certain

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        PCS for HB 311                             ORIGINAL                                                  2024



26              entities and persons within a specified timeframe;
27              revising requirements for such statement; deleting
28              requirements for the escrow agreement; conforming
29              provisions to changes made by the act; revising the
30              amount that may be received for sales of certain
31              securities; providing a limit on securities that may
32              be sold by an issuer to an investor; deleting the
33              requirement that an issuer file and provide a certain
34              annual report; conforming cross-references; revising
35              the duties of intermediaries under certain
36              circumstances; providing obligations of issuers under
37              certain circumstances; providing that certain sales
38              are voidable within a specified timeframe; providing
39              requirements for purchasers' notices to issuers to
40              void purchases; deleting provisions relating to funds
41              received from investors; creating s. 517.0612, F.S.;
42              providing a short title; providing applicability;
43              requiring that offers and sales of securities be in
44              accordance with certain federal laws and rules;
45              specifying certain requirements for issuers relating
46              to the registration exemption; specifying a limitation
47              on the amount of cash and other consideration that may
48              be received from sales of certain securities made
49              within a specified timeframe; prohibiting an issuer
50              from accepting more than a specified amount from a

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        PCS for HB 311                             ORIGINAL                                                  2024



51              single purchaser under certain circumstances;
52              authorizing the issuer to engage in general
53              advertising and general solicitation of the offering
54              under certain circumstances; specifying that a certain
55              prohibition is enforceable under ch. 517, F.S.;
56              requiring that the purchaser receive a disclosure
57              statement within a specified timeframe; specifying the
58              requirements for such statement; requiring certain
59              funds to be deposited into certain bank and depository
60              institutions; prohibiting the issuer from withdrawing
61              any amount of the offering proceeds until the target
62              offering amount has been received; requiring the
63              issuer to file a notice of the offering in a certain
64              format within a specified timeframe; requiring the
65              issuer to file an amended notice within a specified
66              timeframe under certain circumstances; prohibiting
67              agents of issuers from engaging in certain acts under
68              certain circumstances; providing that sales made under
69              the exemption are voidable within a specified
70              timeframe; providing requirements for purchasers'
71              notices to issuers to void purchases; creating s.
72              517.0613, F.S.; providing construction; providing that
73              registration exemptions under certain provisions are
74              not available to issuers for certain transactions
75              under specified circumstances; providing registration

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 76              requirements; creating s. 517.0614, F.S.; specifying
 77              criteria for determining integration of offerings for
 78              the purpose of registration or qualifying for a
 79              registration exemption; specifying certain
 80              requirements for the integration of offerings for an
 81              exempt offering for which general solicitation is
 82              prohibited; specifying certain requirements for the
 83              integration of offerings for two or more exempt
 84              offerings that allow general solicitation; specifying
 85              the circumstances under which integration analysis is
 86              not required; creating s. 517.0615, F.S.; specifying
 87              that certain communications are not deemed to
 88              constitute general solicitation or general advertising
 89              under specified circumstances; creating s. 517.0616,
 90              F.S.; providing that registration exemptions under
 91              certain provisions are not available to certain
 92              issuers under a specified circumstance; amending s.
 93              517.081, F.S.; revising the duties and authority of
 94              the Financial Services Commission; authorizing the
 95              commission to establish certain criteria relating to
 96              the issuance of certain securities, trusts, and
 97              investments; authorizing the commission to prescribe
 98              certain forms and establish procedures for depositing
 99              fees and filing documents and requirements and
100              standards relating to prospectuses, advertisements,

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101              and other sales literature; revising the list of
102              issuers that are ineligible to submit simplified
103              offering circulars; deleting provisions that require
104              issuers to provide certain documents to the Office of
105              Financial Regulation under certain circumstances;
106              revising the requirements that must be met before the
107              office must record the registration of a security;
108              amending s. 517.101, F.S.; revising requirements for
109              written consent to service in certain suits,
110              proceedings, and actions; amending s. 517.131, F.S.;
111              defining the term "final judgment"; specifying the
112              purpose of the Securities Guaranty Fund; making
113              technical changes; revising eligibility for payment
114              from the fund; requiring eligible persons or receivers
115              seeking payment from the fund to file a certain
116              application with the office on a certain form;
117              authorizing the commission to adopt rules regarding
118              electronic filing of such application; specifying the
119              timeframe within which certain eligible persons or
120              receivers must file such application; providing
121              requirements for such applications; requiring the
122              office to approve applications for payment under
123              certain circumstances and to provide applicants with
124              certain notices within a specified timeframe;
125              requiring eligible persons or receivers to assign to

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126              the office all rights, titles, and interests in final
127              judgments and orders of restitution equal to a
128              specified amount under certain circumstances;
129              requiring the office to deem an application for
130              payment abandoned under certain circumstances;
131              requiring that the time period to complete
132              applications be tolled under certain circumstances;
133              deleting provisions relating to specified notices to
134              the office and to rulemaking authority; amending s.
135              517.141, F.S.; defining terms; revising the Securities
136              Guaranty Fund disbursement amounts to which eligible
137              persons are entitled; revising provisions regarding
138              payment of aggregate claims; providing for the
139              satisfaction of claims in the event of an insufficient
140              balance in the fund; requiring payments and
141              disbursements from the Securities Guaranty Fund to be
142              made by the Chief Financial Officer or his or her
143              authorized designee, upon authorization by the office;
144              requiring such authorization to be submitted within a
145              certain timeframe; deleting provisions regarding
146              requirements for payment of claims; conforming
147              provisions to changes made by the act; specifying the
148              circumstances under which a claimant must reimburse
149              the fund for payments received from the fund;
150              providing penalties; authorizing the Department of

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151              Financial Services, rather than the office, to
152              institute legal proceedings for certain compliance
153              enforcement and to recover certain interests, costs,
154              and fees; amending s. 517.191, F.S.; deleting an
155              obsolete term; revising the civil penalty amounts for
156              certain violations; authorizing the office to recover
157              certain costs and attorney fees; requiring that moneys
158              recovered be deposited in a specified trust fund;
159              specifying the liability of control persons; providing
160              an exception; specifying circumstances under which
161              certain persons are deemed to have violated ch. 517,
162              F.S.; authorizing the office to issue and serve cease
163              and desist orders and emergency cease and desist
164              orders under certain circumstances; authorizing the
165              office to impose and collect administrative fines for
166              certain violations; specifying the disposition of such
167              fines; authorizing the office to bar applications or
168              notifications for licenses and registrations under
169              certain circumstances; conforming cross-references;
170              providing construction; specifying jurisdiction of the
171              courts relating to the sale or offer of certain
172              securities; making technical changes; amending s.
173              517.211, F.S.; providing for joint and several
174              liability of control persons in certain circumstances
175              for the purposes of specified actions; specifying the

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176              date on which certain interest begins accruing in an
177              action for rescission; providing construction;
178              specifying that certain civil remedies extend to
179              purchasers or sellers of securities; making technical
180              changes; repealing s. 517.221, F.S., relating to cease
181              and desist orders; repealing s. 517.241, F.S.,
182              relating to remedies; amending s. 517.301, F.S.;
183              revising the circumstances under which certain
184              activities are considered unlawful and violations of
185              law; conforming provisions to changes made by the act;
186              revising the definition of the term "investment";
187              specifying that certain misrepresentations by persons
188              issuing or selling securities are unlawful; specifying
189              that certain misrepresentations by persons registered
190              or required to be registered under certain provisions
191              or subject to certain requirements are unlawful;
192              specifying that obtaining money or property in
193              connection with the offer or sale of an investment is
194              unlawful under certain conditions; providing
195              construction; requiring disclaimers for certain
196              statements; making technical changes; repealing s.
197              517.311, F.S., relating to false representations,
198              deceptive words, and enforcement; repealing s.
199              517.312, F.S., relating to securities, investments,
200              and boiler rooms, prohibited practices, and remedies;

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201              amending ss. 517.072 and 517.12, F.S.; conforming
202              cross-references and making technical changes;
203              amending ss. 517.1201 and 517.1202, F.S.; conforming
204              cross-references; amending s. 517.302, F.S.;
205              conforming a provision to changes made by the act and
206              making a technical change; providing an effective
207              date.
208
209      Be It Enacted by the Legislature of the State of Florida:
210
211              Section 1.         Present subsections (3), (4), and (5) and
212      subsections (6) through (25) of section 517.021, Florida
213      Statutes, are redesignated as subsections (4), (5), and (6) and
214      subsections (8) through (27), respectively, new subsections (3)
215      and (7) are added to that section, and subsection (1) and
216      present subsections (4), (8), (9), and (14) of that section are
217      amended, to read:
218              517.021        Definitions.—When used in this chapter, unless the
219      context otherwise indicates, the following terms have the
220      following respective meanings:
221              (1)         "Accredited investor" shall be defined by rule of the
222      commission in accordance with Securities and Exchange Commission
223      Rule 501, 17 C.F.R. s. 230.501, as amended.
224              (3)         "Angel investor group" means a group of accredited
225      investors who hold regular meetings and have defined processes

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226      and procedures for making investment decisions, individually or
227      among the membership of the group, and who are not associated
228      persons, affiliates, or agents of a dealer or investment
229      adviser.
230              (5)(4)        "Boiler room" means an enterprise in which two or
231      more persons in a common scheme or enterprise solicit potential
232      investors through telephone calls, e-mail, text messages, social
233      media, chat rooms, or other electronic means engage in telephone
234      communications with members of the public using two or more
235      telephones at one location, or at more than one location in a
236      common scheme or enterprise.
237              (7)         "Business entity" means any corporation, partnership,
238      limited partnership, limited liability company, proprietorship,
239      firm, enterprise, franchise, association, self-employed
240      individual, or trust, which may or may not be fictitiously
241      named, doing business in this state.
242              (10)(a)(8)         "Dealer" includes, unless otherwise specified,
243      a person, other than an associated person of a dealer, that
244      engages, for all or part of the person's time, directly or
245      indirectly, as agent or principal in the business of offering,
246      buying, selling, or otherwise dealing or trading in securities
247      issued by another person.
248              (b)         The term "dealer" does not include any of the
249      following:
250              1.(a)         A licensed practicing attorney who renders or

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251      performs any such services in connection with the regular
252      practice of the attorney's profession.
253              2.(b)        A bank authorized to do business in this state,
254      except nonbank subsidiaries of a bank.
255              3.(c)        A trust company having trust powers that it is
256      authorized to exercise in this state, which renders or performs
257      services in a fiduciary capacity incidental to the exercise of
258      its trust powers.
259              4.(d)        A wholesaler selling exclusively to dealers.
260              5.(e)        A person buying and selling for the person's own
261      account exclusively through a registered dealer or stock
262      exchange.
263              6.(f)        An issuer.
264              7.(g)        A natural person representing an issuer in the
265      purchase, sale, or distribution of the issuer's own securities
266      if such person:
267              a.1.        Is an officer, a director, a limited liability
268      company manager or managing member, or a bona fide employee of
269      the issuer;
270              b.2.        Has not participated in the distribution or sale of
271      securities for any issuer for which such person was, within the
272      preceding 12 months, an officer, a director, a limited liability
273      company manager or managing member, or a bona fide employee;
274              c.3.        Primarily performs, or is intended to perform at the
275      end of the distribution, substantial duties for, or on behalf

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276      of, the issuer other than in connection with transactions in
277      securities; and
278              d.4.        Does not receive a commission, compensation, or other
279      consideration for the completed sale of the issuer's securities
280      apart from the compensation received for regular du ties to the
281      issuer.
282              (11)(9)        "Federal covered adviser" means a person that is
283      registered or required to be registered under s. 203 of the
284      Investment Advisers Act of 1940, as amended. The term does not
285      include any person that is excluded from the definition of
286      investment adviser under subparagraphs (16)(b)1.-7. and 9
287      (14)(b)1.-8.
288              (16)(a)(14)(a)             "Investment adviser" means a person, other
289      than an associated person of an investment adviser or a federal
290      covered adviser, that receives compensation, directly or
291      indirectly, and engages for all or part of the person's time,
292      directly or indirectly, or through publications or writings, in
293      the business of advising others as to the value of securities or
294      as to the advisability of investments in, purchasing of, or
295      selling of securities.
296              (b)         The term does not include any of the following:
297              1.      A dealer or an associated person of a dealer whose
298      performance of services in paragraph (a) is solely incidental to
299      the conduct of the dealer's or associated person's business as a
300      dealer and who does not receive special compensation for those

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301      services.
302              2.      A licensed practicing attorney or certified public
303      accountant whose performance of such services is solely
304      incidental to the practice of the attorney's or accountant's
305      profession.
306              3.      A bank authorized to do business in this state.
307              4.      A bank holding company as defined in the Bank Holding
308      Company Act of 1956, as amended, authorized to do business in
309      this state.
310              5.      A trust company having trust powers, as defined in s.
311      658.12, which it is authorized to exercise in this state, which
312      trust company renders or performs investment advisory services
313      in a fiduciary capacity incidental to the exercise of its trust
314      powers.
315              6.      A person that renders investment advice exclusively to
316      insurance or investment companies.
317              7.      A person that, during the preceding 12 months, has
318      fewer than six clients who are residents of this state. As used
319      in this subparagraph, the term "client" has the same meaning as
320      provided in Securities and Exchange Commission Rule 275.222-2,
321      17 C.F.R. s. 275.222-2, as amended does not hold itself out to
322      the general public as an investment adviser and has no more than
323      15 clients within 12 consecutive months in this state .
324              8.      A person whose transactions in this state are limited
325      to those transactions described in s. 222(d) of the Investment

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326      Advisers Act of 1940, as amended. Those clients listed in
327      subparagraph 6. may not be included when determining the number
328      of clients of an investment adviser for purposes of s. 222(d) of
329      the Investment Advisers Act of 1940, as amended.
330              9.      A federal covered adviser.
331              9.      The United States, a state, or any political
332      subdivision of a state, or any agency, authority, or
333      instrumentality of any such entity; a business entity that is
334      wholly owned directly or indirectly by such a governmental
335      entity; or any officer, agent, or employee of any such
336      governmental or business entity who is acting within the scope
337      of his or her official duties.
338              Section 2.         Present subsections (9) and (10) of section
339      517.051, Florida Statutes, are redesignated as subsections (10)
340      and (11), respectively, and amended, a new subsection (9) is
341      added to that section, and subsections (1), (3), (4), and (8) of
342      that section are amended, to read:
343              517.051       Exempt securities.—The exemptions provided herein
344      from the registration requirements of s. 517.07 are self -
345      executing and do not require any filing with the office prior to
346      claiming such exemption. Any person who claims entitlement to
347      any of these exemptions bears the burden of proving such
348      entitlement in any proceeding brought under this chapter. The
349      registration provisions of s. 517.07 do not apply to any of the
350      following securities:

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351              (1)         A security issued or guaranteed by the United States
352      or any territory or insular possession of the United States, by
353      the District of Columbia, or by any state of the United States
354      or by any political subdivision or agency or other
355      instrumentality thereof.; provided that
356              (a)         Except as provided in paragraph (b), a no person may
357      not shall directly or indirectly offer or sell securities, other
358      than general obligation bonds, described under this subsection
359      if the issuer or guarantor is in default or has been in default
360      any time after December 31, 1975, as to principal or interest:
361              1.(a)         With respect to an obligation issued by the issuer
362      or successor of the issuer; or
363              2.(b)         With respect to an obligation guaranteed by the
364      guarantor or successor of the guarantor,
365
366      except by an offering circular containing a full and fair
367      disclosure as prescribed by rule of the commission.
368              (b)         Paragraph (a) does not apply to a security that is an
369      industrial or commercial development bond unless payments are
370      made or unconditionally guaranteed by a person whose securities
371      are exempt from registration under s. 18(b)(1) of the Securities
372      Act of 1933, as amended.
373              (3)         A security issued by and which represents or will
374      represent an interest in or a direct obligation of or be
375      guaranteed by any of the following:

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376              (a)         An international bank of which the United States is a
377      member.
378              (b)         A bank organized under the laws of the United States.
379              (c)         A member bank of the Federal Reserve System.
380              (d)         A depository institution, when a substantial portion
381      of its business consists of or will consist of receiving
382      deposits or share accounts that are insured to the maximum
383      amount authorized by statute by the Federal Deposit Insurance
384      Corporation or the National Credit Union Share Insurance Fund or
385      guaranteed by:
386              (a)         A national bank, a federally chartered savings and
387      loan association, or a federally chartered savings bank, or the
388      initial subscription for equity securities in such national
389      bank, federally chartered savings and loan association, or
390      federally chartered savings bank;
391              (b)         Any federal land bank, joint-stock land bank, or
392      national farm loan association under the provisions of the
393      Federal Farm Loan Act of July 17, 1916;
394              (c)         An international bank of which the United States is a
395      member; or
396              (d)         A corporation created and acting as an instrumentality
397      of the government of the United States.
398              (4)         A security issued or guaranteed, as to principal,
399      interest, or dividend, by a business entity corporation owning
400      or operating a railroad, another common carrier, or any other

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401      public service utility; provided that such business entity
402      corporation is subject to regulation or supervision whether as
403      to its rates and charges or as to the issue of its own
404      securities by a public commission, board, or officer of the
405      government of the United States, of any state, territory, or
406      insular possession of the United States, of any municipality
407      located therein, of the District of Columbia, or of the Dominion
408      of Canada or of any province thereof; also equipment securities
409      based on chattel mortgages, leases, or agreements for
410      conditional sale of cars, motive power, or other rolling stock
411      mortgaged, leased, or sold to or furnished for the use of or
412      upon such railroad or other public service utility corporation
413      or where the ownership or title of such equipment is pledged or
414      retained in accordance with the provisions of the laws of the
415      United States or of any state or of the Dominion of Canada to
416      secure the payment of such equipment securities; and also bonds,
417      notes, or other evidences of indebtedness issued by a holding
418      corporation and secured by collateral consisting of any
419      securities hereinabove described; provided, further, that the
420      collateral securities equal in fair value at least 125 percent
421      of the par value of the bonds, notes, or other evidences of
422      indebtedness so secured.
423              (8)         Shares or other equity interests of a business entity
424      which represent ownership or entitle the holders of such shares
425      or other equity interests to possession and occupancy of

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426      specific apartment units in property owned by such business
427      entity and organized and operated on a cooperative basis, solely
428      for residential purposes A note, draft, bill of exchange, or
429      banker's acceptance having a unit amount of $25,000 or more
430      which arises out of a current transaction, or the proceeds of
431      which have been or are to be used for current transactions, and
432      which has a maturity period at the time of issuance not
433      exceeding 9 months exclusive of days of grace, or any renewal
434      thereof which has a maturity period likewise limited. This
435      subsection applies only to prime quality negotiable commercial
436      paper of a type not ordinarily purchased by the general public;
437      that is, paper issued to facilitate well-recognized types of
438      current operational business requirements and of a type eligible
439      for discounting by Federal Reserve banks.
440              (9)         A member's or owner's interest in, or a retention
441      certificate or like security given in lieu of a cash patronage
442      dividend issued by, a not-for-profit membership entity operated
443      either as a cooperative under the cooperative laws of a state or
444      in accordance with the cooperative provisions of subchapter T of
445      chapter 1 of subtitle A of the United States Internal Revenue
446      Code, as amended, but not a member's or owner's interest,
447      retention certificate, or like security sold or transferred to a
448      person other than:
449              (a)         A bona fide member of the not-for-profit membership
450      entity; or

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451              (b)         A person who becomes a bona fide member of the not -
452      for-profit membership entity at the time of or in connection
453      with the sale or transfer.
454              (10)(9)         A security issued by a business entity corporation
455      organized and operated exclusively for religious, educational,
456      benevolent, fraternal, charitable, or reformatory purposes and
457      not for pecuniary profit, no part of the net earnings of which
458      corporation inures to the benefit of any private stockholder or
459      individual, or any security of a fund that is excluded from the
460      definition of an investment company under s. 3(c)(10)(B) of the
461      Investment Company Act of 1940, as amended; provided that a no
462      person may not shall directly or indirectly offer or sell
463      securities under this subsection except by an offering circular
464      containing full and fair disclosure, as prescribed by the rules
465      of the commission, of all material information, including, but
466      not limited to, a description of the securities offered and
467      terms of the offering, a description of the nature of the
468      issuer's business, a statement of the purpose of the offering
469      and the intended application by the issuer of the proceeds
470      thereof, and financial statements of the issuer prepared in
471      conformance with United States generally accepted accounting
472      principles. Section 6(c) of the Philanthropy Protection Act of
473      1995, Pub. L. No. 104-62, does shall not preempt any provision
474      of this chapter.
475              (11)(10)           Any insurance or endowment policy or annuity

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476      contract or optional annuity contract or self-insurance
477      agreement issued by a business entity corporation, insurance
478      company, reciprocal insurer, or risk retention group subject to
479      the supervision of the insurance regulator or bank regulator, or
480      any agency or officer performing like functions, of any state or
481      territory of the United States or the District of Columbia.
482              Section 3.         Section 517.061, Florida Statutes, is amended
483      to read:
484              (Substantial rewording of section. See
485              s. 517.061, F.S., for present text.)
486              517.061       Exempt transactions.—Except as otherwise provided
487      in subsection (11), the exemptions provided herein from the
488      registration requirements of s. 517.07 are self-executing and do
489      not require any filing with the office before being claimed. Any
490      person who claims entitlement to an exemption under this section
491      bears the burden of proving such entitlement in any proceeding
492      brought under this chapter. The registration provisions of s.
493      517.07 do not apply to any of the following transactions;
494      however, such transactions are subject to s. 517.301:
495              (1)(a)       Any judicial sale or any sale by an executor, an
496      administrator, a guardian, or a conservator; any sale by a
497      receiver or trustee in insolvency or bankruptcy; any sale by an
498      assignee as defined in s. 727.103 with respect to an assignment
499      as defined in that section; or any transaction incident to a
500      judicially approved reorganization in which a security is issued

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501      in exchange for one or more outstanding securities, claims, or
502      property interests.
503              (b)         Except for a security exchanged in a case brought
504      under Title 11 of the United States Code, a security that is
505      issued in exchange for one or more bona fide outstanding
506      securities, claims, or property interests, or partly in such
507      exchange and partly for cash, if the terms and conditions of
508      such issuance and exchange are approved:
509              1.      By a court, an official or agency of the United States,
510      a banking or insurance commission of a state or territory of the
511      United States, or another governmental authority expressly
512      authorized by law to grant such approval.
513              2.      After a hearing upon the fairness of such terms and
514      conditions and at which all persons to whom issuance of
515      securities in such exchange is proposed have the right to
516      appear.
517              (2)         The issuance of notes or bonds in connection with the
518      acquisition of real property or renewals thereof, if such notes
519      or bonds are issued to the sellers of, and are secured by all or
520      part of, the real property so acquired.
521              (3)         A transaction involving a stock dividend or equivalent
522      equity distribution, regardless of whether the business entity
523      distributing the dividend or equivalent equity distribution is
524      the issuer, if nothing of value is given by stockholders or
525      other equity holders for the dividend or equivalent equity

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526      distribution other than the surrender of a right to a cash or
527      property dividend in the event that each stockholder or other
528      equity holder may elect to take the dividend or equivalent
529      equity distribution in cash, property, or stock.
530              (4)         A transaction under an offer to existing security
531      holders of the issuer, including persons that at the date of the
532      transaction are holders of convertible securities, options, or
533      warrants, if a commission or other remuneration is not paid or
534      given, directly or indirectly, for soliciting a security holder
535      in this state.
536              (5)         The issuance of securities to such equity security
537      holders or creditors of a business entity in the process of a
538      reorganization of such business entity, made in good faith and
539      not for the purpose of evading this chapter, either in exchange
540      for the securities of such equity security holders or claims of
541      such creditors or partly for cash and partly in exchange for the
542      securities or claims of such equity security holders or
543      creditors.
544              (6)         A transaction involving the distribution of the
545      securities of an issuer to the security holders of another
546      person in connection with a merger, consolidation, exchange of
547      securities, sale of assets, or other reorganization to which the
548      issuer, or the issuer's parent or subsidiary, and the other
549      person, or the person's parent or subsidiary, are parties.
550              (7)         The offer or sale of securities, solely in connection

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551      with the transfer of ownership of an eligible privately held
552      company, through a merger and acquisition broker in accordance
553      with s. 517.12(21).
554              (8)         The offer or sale of securities under a bona fide
555      employee stock purchase, savings, option, profit-sharing,
556      pension, or similar employee benefit plan, including any
557      securities, plan interests, and guarantees issued under a
558      compensatory benefit plan or compensation contract, contained in
559      a record, established by the issuer, its parents, its majority-
560      owned subsidiaries, or the majority-owned subsidiaries of the
561      issuer's parent for the participation of their employees. This
562      includes offers or sales of such securities to all of the
563      following persons:
564              (a)         Directors, managers, managing members, general
565      partners, officers, consultants, and advisors.
566              (b)         If the issuer is a business trust, trustees and former
567      trustees.
568              (c)         Family members who acquire such securities from
569      persons described in this section through gifts or domestic
570      relations orders.
571              (d)         Former employees, directors, managers, managing
572      members, general partners, officers, consultants, and advisors,
573      if those individuals were employed by or providing services to
574      the issuer when the securities were offered.
575              (e)         Insurance agents who are exclusive insurance agents of

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576      the issuer, or of the issuer's parents or subsidiaries, or who
577      derive more than 50 percent of their annual income from such
578      persons.
579              (9)         The offer or sale of securities to a bank, trust
580      company, savings institution, insurance company, dealer,
581      investment company as defined in the Investment Company Act of
582      1940, 15 U.S.C. s. 80a-3, as amended, pension or profit-sharing
583      trust, or qualified institutional buyer, whether any of such
584      entities is acting in its individual or fiduciary capacity.
585              (10)(a)        The offer or sale, by or on behalf of an issuer,
586      of its own securities if the offer or sale is part of an
587      offering made in accordance with all of the following
588      conditions:
589              1.      There are no more than 35 purchasers, or the issuer
590      reasonably believes that there are no more than 35 purchasers,
591      of the securities of the issuer in this state during an offering
592      made in reliance upon this subsection or, if such offering
593      continues for a period in excess of 12 months, in any
594      consecutive 12-month period.
595              2.      Neither the issuer nor any person acting on behalf of
596      the issuer offers or sells securities pursuant to this
597      subsection by means of any form of general solicitation or
598      general advertising in this state.
599              3.      Before the sale, each purchaser or the purchaser's
600      representative, if any, is provided with, or given reasonable

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601      access to, full and fair disclosure of all material information,
602      which must include written notification of a purchaser's right
603      to void the sale under subparagraph 4.
604              4.      Any sale made pursuant to this subsection is voidable
605      by the purchaser within 3 days after the first tender of
606      consideration is made by such purchaser to the issuer by
607      notifying the issuer that the purchaser expressly voids the
608      purchase. The purchaser's notice to the issuer must be sent by
609      e-mail to the issuer's e-mail address set forth in the
610      disclosure document provided to the purchaser or purchaser's
611      representative or by hand delivery, courier service, or other
612      method by which written proof of delivery to the issuer of the
613      purchaser's election to rescind the purchase is evidenced.
614              (b)         The following purchasers are excluded from the
615      calculation of the number of purchasers under subparagraph
616      (a)1.:
617              1.      Any spouse or child of the purchaser or any related
618      family member who has the same principal residence as such
619      purchaser.
620              2.      A trust or estate in which a purchaser, any of the
621      persons related to such purchaser specified in subparagraph 1.,
622      and any business entity specified in subparagraph 3.
623      collectively have more than 50 percent of the beneficial
624      interest, excluding any contingent interest.
625              3.      A business entity in which a purchaser, any of the

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626      persons related to such purchaser specified in subparagraph 1.,
627      and any trust or estate specified in subparagraph 2.
628      collectively are beneficial owners of more than 50 percent of
629      the equity securities or equity interest.
630              4.      An accredited investor.
631
632      A business entity must be counted as one purchaser. However, if
633      the business entity is organized for the specific purpose of
634      acquiring the securities offered and is not an accredited
635      investor, each beneficial owner of equity securities or equity
636      interests in the business entity must be counted as a separate
637      purchaser. A noncontributory employee benefit plan within the
638      meaning of Title I of the Employee Retirement Income Security
639      Act of 1974 must be counted as one purchaser if the trustee
640      makes all investment decisions for the plan.
641              (11)        Offers or sales of securities by an issuer in a
642      transaction that meets all of the following conditions:
643              (a)         The offers or sales of securities are made only to
644      persons who are, or who the issuer reasonably believes are,
645      accredited investors.
646              (b)         The issuer is not a business entity that has an
647      undefined business operation, lacks a business plan, lacks a
648      stated investment goal for the funds being raised, or plans to
649      engage in a merger or acquisition with an unspecified business
650      entity.

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651              (c)         The issuer reasonably believes that all purchasers are
652      purchasing for investment and not with the view to or for sale
653      in connection with a distribution of the security. Any resale of
654      a security sold in reliance on this exemption within 12 months
655      after sale is presumed to be with a view to distribution and not
656      for investment, except a resale pursuant to a registration
657      statement effective under this chapter or pursuant to an
658      exemption available under this chapter, the Securities Act of
659      1933, as amended, or the rules and regulations adopted
660      thereunder.
661              (d)1.        A general announcement of the proposed offering,
662      made by any means, includes only the following information:
663              a.      The name, address, and telephone number of the issuer
664      of the securities.
665              b.      The name, a brief description, and price, if known, of
666      any security to be issued.
667              c.      A brief description of the business.
668              d.      The type, number, and aggregate amount of securities
669      being offered.
670              e.      The name, address, and telephone number of the person
671      to contact for additional information.
672              f.      A statement that:
673              (I)         Sales will be made only to accredited investors;
674              (II)        Money or other consideration is not being solicited
675      and will not be accepted by way of this general announcement;

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676      and
677              (III)        The securities have not been registered with or
678      approved by any state securities agency or the Securities and
679      Exchange Commission and are being offered and sold pursuant to
680      an exemption from registration.
681              2.      The issuer, in connection with an offer, may provide
682      information in addition to the information provided in the
683      general announcement as specified in subparagraph 1. if such
684      information is delivered:
685              a.      Through an electronic database that is restricted to
686      persons who have been prequalified as accredited investors; or
687              b.      After the issuer reasonably believes that the
688      prospective purchaser is an accredited investor.
689              (e)         The issuer does not use telephone solicitation unless,
690      before placing the call, the issuer reasonably believes that the
691      prospective purchaser to be solicited is an accredited investor.
692              (f)         The issuer files with the office a notice of
693      transaction, a consent to service of process, and a copy of the
694      general announcement within 15 days after the first sale is made
695      in this state. The commission may adopt by rule procedures for
696      filing documents by electronic means.
697              (g)         Dissemination of the general announcement of the
698      proposed offering to persons who are not accredited investors
699      does not disqualify the issuer from claiming the exemption under
700      this subsection.

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701              (12)        The isolated sale or offer for sale of securities
702      when made by or on behalf of a bona fide owner, not the issuer
703      or underwriter, of the securities, who disposes of such
704      securities for the owner's own account, and such sale is not
705      made directly or indirectly for the benefit of the issuer or an
706      underwriter of such securities or for the direct or indirect
707      promotion of any scheme or enterprise with the intent of
708      violating or evading this chapter. For purposes of this
709      subsection, isolated offers or sales include, but are not
710      limited to, an isolated offer or sale made by or on behalf of a
711      bona fide owner, rather than the issuer or underwriter, of the
712      securities if:
713              (a)         The offer or sale of securities is in a transaction
714      satisfying all of the conditions specified in subparagraphs
715      (10)(a)1., 2., and 3. and paragraph (10)(b); or
716              (b)         The offer or sale of securities is in a transaction
717      exempt under s. 4(a)(1) of the Securities Act of 1933, as
718      amended, or under Securities and Exchange Commission rules or
719      regulations.
720              (13)        By or for the account of a pledgeholder, a secured
721      party as defined in s. 679.1021(1)(ttt), or a mortgagee selling
722      or offering for sale or delivery in the ordinary course of
723      business and not for the purposes of avoiding the provisions of
724      this chapter, to liquidate a bona fide debt, a security pledged
725      in good faith as security for such debt.

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726              (14)        An unsolicited purchase or sale of securities on
727      order of, and as the agent for, another solely and exclusively
728      by a dealer registered pursuant to s. 517.12; provided that this
729      exemption applies solely and exclusively to such registered
730      dealers and does not authorize or permit the purchase or sale of
731      securities at the direction of, and as agent for, another by any
732      person other than a dealer so registered; and provided further
733      that such purchase or sale may not be directly or indirectly for
734      the benefit of the issuer or an underwriter of such securities
735      or for the direct or indirect promotion of any scheme or
736      enterprise with the intent of violating or evading this chapter.
737              (15)        A nonissuer transaction with a federal covered
738      adviser with investments under management in excess of $100
739      million acting in the exercise of discretionary authority in a
740      signed record for the account of others.
741              (16)        The sale by or through a registered dealer of any
742      securities option if, at the time of the sale of the option:
743              (a)         The performance of the terms of the option is
744      guaranteed by any dealer registered under the Securities
745      Exchange Act of 1934, as amended, which guaranty and dealer are
746      in compliance with such requirements or rules as may be approved
747      or adopted by the commission; or
748              (b)1.        Such options transactions are cleared by the Options
749      Clearing Corporation or any other clearinghouse recognized by
750      commission rule;

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751              2.      The option is not sold by or for the benefit of the
752      issuer of the underlying security; and
753              3.      The underlying security may be purchased or sold on a
754      recognized securities exchange registered under the Securities
755      Exchange Act of 1934, as amended.
756              (17)(a)       The offer or sale of securities, as agent or
757      principal, by a dealer registered pursuant to s. 517.12, when
758      such securities are offered or sold at a price reasonably
759      related to the current market price of such securities, provided
760      that such securities are:
761              1.      Securities of an issuer for which reports are required
762      to be filed by s. 13 or s. 15(d) of the Securities Exchange Act
763      of 1934, as amended;
764              2.      Securities of a company registered under the Investment
765      Company Act of 1940, as amended;
766              3.      Securities of an insurance company, as that term is
767      defined in s. 2(a)(17) of the Investment Company Act of 1940, as
768      amended; or
769              4.      Securities, other than any security that is a federal
770      covered security and is not subject to any registration or
771      filing requirements under this chapter, that have been listed or
772      approved for listing upon notice of issuance by a securities
773      exchange registered under the Securities Exchange Act of 1934,
774      as amended; and all securities senior to any securities so
775      listed or approved for listing upon notice of issuance, or

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776      represented by subscription rights which have been so listed or
777      approved for listing upon notice of issuance, or evidences of
778      indebtedness guaranteed by an issuer with a class of securities
779      listed or approved for listing upon notice of issuance by such
780      securities exchange, such securities to be exempt only so long
781      as such listings or approvals remain in effect. The exemption
782      provided in this subparagraph does not apply when the securities
783      are suspended from listing approval for listing or trading.
784              (b)         The exemption provided in this subsection does not
785      apply if the sale is made for the direct or indirect benefit of
786      an issuer or a control person of such issuer or if such
787      securities constitute the whole or part of an unsold allotment
788      to, or subscription or participation by, a dealer as an
789      underwriter of such securities.
790              (c)         The exemption provided in this subsection is not
791      available for any securities that have been denied registration
792      pursuant to s. 517.111. Additionally, the office may deny this
793      exemption with reference to any particular security, other than
794      a federal covered security, by order published in such manner as
795      the office finds proper.
796              (18)        Any nonissuer transaction by a registered dealer, and
797      any resale transaction by a sponsor of a unit investment trust
798      registered under the Investment Company Act of 1940, as amended,
799      in a security of a class that has been outstanding in the hands
800      of the public for at least 90 days; provided that, at the time

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801      of the transaction, the following conditions in paragraphs (a),
802      (b), and (c) and either paragraph (d) or paragraph (e) are met:
803              (a)         The issuer of the security is actually engaged in
804      business and is not in the organizational stage or in bankruptcy
805      or receivership and is not a blank check, blind pool, or shell
806      company whose primary plan of business is to engage in a merger
807      or combination of the business with, or an acquisition of, an
808      unidentified person.
809              (b)         The security is sold at a price reasonably related to
810      the current market price of the security.
811              (c)         The security does not constitute the whole or part of
812      an unsold allotment to, or a subscription or participation by,
813      the dealer as an underwriter of the security.
814              (d)         The security is listed in a nationally recognized
815      securities manual designated by rule of the commission or a
816      document filed with and publicly viewable through the Securities
817      and Exchange Commission electronic data gathering and retrieval
818      system and contains:
819              1.      A description of the business and operations of the
820      issuer;
821              2.      The names of the issuer's officers and directors, if
822      any, or, in the case of an issuer not domiciled in the United
823      States, the corporate equivalents of such persons in the
824      issuer's country of domicile;
825              3.      An audited balance sheet of the issuer as of a date

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826      within 18 months before such transaction or, in the case of a
827      reorganization or merger in which parties to the reorganization
828      or merger had such audited balance sheet, a pro forma balance
829      sheet; and
830              4.      An audited income statement for each of the issuer's
831      immediately preceding 2 fiscal years, or for the period of
832      existence of the issuer, if in existence for less than 2 years
833      or, in the case of a reorganization or merger in which the
834      parties to the reorganization or merger had such audited income
835      statement, a pro forma income statement.
836              (e)1.       The issuer of the security has a class of equity
837      securities listed on a national securities exchange registered
838      under the Securities Exchange Act of 1934, as amended;
839              2.      The class of security is quoted, offered, purchased, or
840      sold through an alternative trading system registered under
841      Securities and Exchange Commission Regulation ATS, 17 C.F.R. s.
842      242.301, as amended, and the issuer of the security has made
843      current information publicly available in accordance with
844      Securities and Exchange Commission Rule 15c2-11, 17 C.F.R. s.
845      240.15c2-11, as amended;
846              3.      The issuer of the security is a unit investment trust
847      registered under the Investment Company Act of 1940, as amended;
848              4.      The issuer of the security has been engaged in
849      continuous business, including predecessors, for at least 3
850      years; or

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851              5.      The issuer of the security has total assets of at least
852      $2 million based on an audited balance sheet as of a date within
853      18 months before such transaction or, in the case of a
854      reorganization or merger in which parties to the reorganization
855      or merger had such audited balance sheet, a pro forma balance
856      sheet.
857              (19)        The offer or sale of any security effected by or
858      through a person in compliance with s. 517.12(16).
859              (20)        A nonissuer transaction in an outstanding security by
860      or through a dealer registered or exempt from registration under
861      this chapter, if all of the following are true:
862              (a)         The issuer is a reporting issuer in a foreign
863      jurisdiction designated by this subsection or by commission
864      rule, and the issuer has been subject to continuous reporting
865      requirements in such foreign jurisdiction for not less than 180
866      days before the transaction.
867              (b)         The security is listed on the securities exchange
868      designated by this subsection or by commission rule, is a
869      security of the same issuer which is of senior or substantially
870      equal rank to the listed security, or is a warrant or right to
871      purchase or subscribe to any such security.
872
873      For purposes of this subsection, Canada, together with its
874      provinces and territories, is designated as a foreign
875      jurisdiction, and The Toronto Stock Exchange, Inc., is

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876      designated as a securities exchange. If, after an a dministrative
877      hearing in compliance with ss. 120.569 and 120.57, the office
878      finds that revocation is necessary or appropriate in furtherance
879      of the public interest and for the protection of investors, it
880      may revoke the designation of a securities exchange under this
881      subsection.
882              (21)        Other transactions exempted by commission rule upon a
883      finding by the office that the application of s. 517.07 to a
884      particular transaction is not necessary or appropriate in
885      furtherance of the public interest and for the protection of
886      investors due to the small dollar amount of the securities
887      involved or the limited character of the offering. In
888      conjunction with its adoption by rule of such exemptions, the
889      commission may exempt persons selling or offering for sale
890      securities in such a transaction from the registration
891      requirements of s. 517.12. A rule adopted by the commission
892      under this subsection may not have the effect of narrowing or
893      limiting any exemption specified in this section.
894              Section 4.          Section 517.0611, Florida Statutes, is amended
895      to read:
896              517.0611           The Florida Limited Offering Exemption Intrastate
897      crowdfunding.—
898              (1)         This section may be cited as the "The Florida Limited
899      Offering Intrastate Crowdfunding Exemption."
900              (2)         The registration provisions of s. 517.07 do not apply

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901      to a securities transaction conducted in accordance with this
902      section; however, such transaction is subject to s. 517.301
903      Notwithstanding any other provision of this chapter, an offer or
904      sale of a security by an issuer is an exempt transaction under
905      s. 517.061 if the offer or sale is conducted in accordance with
906      this section. The exemption provided in this section may not be
907      used in conjunction with any other exemption under s. 517.051 or
908      s. 517.061.
909              (3)         The offer or sale of securities under this section
910      must be conducted in accordance with the requirements of the
911      federal exemption for intrastate offerings in s. 3(a)(11) of the
912      Securities Act of 1933, 15 U.S.C. s. 77c(a)(11), as amended, and
913      United States Securities and Exchange Commission Rule 147, 17
914      C.F.R. s. 230.147, as amended, or Securities and Exchange
915      Commission Rule 147A, 17. C.F.R. s. 230.147A, as amended adopted
916      pursuant to the Securities Act of 1933.
917              (4)         An issuer must:
918              (a)         Must be a for-profit business entity that maintains
919      formed under the laws of the state, be registered with the
920      Secretary of State, maintain its principal place of business in
921      the state, and derives derive its revenues primarily from
922      operations in this the state.
923              (b)         Must conduct transactions for an the offering of $2.5
924      million or more through a dealer registered with the office or
925      an intermediary registered under s. 517.12 s. 517.12(19). For an

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926      offering of less than $2.5 million, the issuer may, but is not
927      required to, use such a dealer or intermediary.
928              (c)         May not be, either before or as a result of the
929      offering, an investment company as defined in s. 3 of the
930      Investment Company Act of 1940, 15 U.S.C. s. 80a-3, as amended,
931      or subject to the reporting requirements of s. 13 or s. 15(d) of
932      the Securities Exchange Act of 1934, 15 U.S.C. s. 78m or s.
933      78o(d), as amended.
934              (d)         May not be a business entity that has company with an
935      undefined business operation, a company that lacks a business
936      plan, a company that lacks a stated investment goal for the
937      funds being raised, or a company that plans to engage in a
938      merger or acquisition with an unspecified business entity.
939              (e)         May not be subject to a disqualification established
940      by the commission or office or a disqualification described in
941      s. 517.0616 or s. 517.1611 or United States Securities and
942      Exchange Commission Rule 506(d), 17 C.F.R. 230.506(d), adopted
943      pursuant to the Securities Act of 1933. Each director, officer,
944      manager, managing member, or general partner, or person
945      occupying a similar status or performing a similar function, or
946      person holding more than 20 percent of the equity interest
947      shares of the issuer, is subject to this paragraph requirement.
948              (f)         Must deposit all funds received from investors in an
949      account in Execute an escrow agreement with a federally insured
950      financial institution authorized to do business in this the

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951      state, and maintain all such funds in the account until the
952      target offering amount has been reached or the offering has been
953      terminated or has expired. If the target offering amount has not
954      been reached within the period specified by the issuer in the
955      disclosure statement provided to investors, or if the offering
956      is terminated or expires, the issuer must refund invested funds
957      to all investors within 10 business days after such occurrence
958      for the deposit of investor funds, and ensure that all offering
959      proceeds are provided to the issuer only when the aggregate
960      capital raised from all investors is equal to or greater than
961      the target offering amount.
962              (g)         Must use all funds in accordance with the use of
963      proceeds as disclosed to prospective investors Allow investors
964      to cancel a commitment to invest within 3 business days before
965      the offering deadline, as stated in the disclosure statement,
966      and issue refunds to all investors if the target offering amount
967      is not reached by the offering deadline.
968              (5)         The issuer must file a notice of the offering with the
969      office, in writing or in electronic form, in a format prescribed
970      by commission rule, together with a nonrefundable filing fee of
971      $200. The filing fee must shall be deposited into the Regulatory
972      Trust Fund of the office. The commission may adopt rules
973      establishing procedures for the deposit of fees and the filing
974      of documents by electronic means if the procedures provide the
975      office with the information and data required by this section. A

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 976      notice is effective upon receipt, by the office, of the
 977      completed form, filing fee, and an irrevocable written consent
 978      to service of civil process, similar to that provided for in s.
 979      517.101. The notice may be terminated by filing with the office
 980      a notice of termination. The notice and offering expire 12
 981      months after filing the notice with the office and are not
 982      eligible for renewal. The notice must:
 983              (a)         Be filed with the office at least 10 days before the
 984      issuer commences an offering of securities or the offering is
 985      displayed on a website of an intermediary in reliance upon the
 986      exemption provided by this section.
 987              (b)         Indicate that the issuer is conducting an offering in
 988      reliance upon the exemption provided by this section.
 989              (c)         Contain the name and contact information, including an
 990      e-mail address, of the issuer.
 991              (d)         Identify any predecessors, owners, officers,
 992      directors, general partners, managers, managing members, and
 993      control persons or any person occupying a similar status or
 994      performing a similar function of the issuer, including that
 995      person's title, his or her status as a partner, trustee, or sole
 996      proprietor or a similar role, and his or her ownership
 997      percentage.
 998              (e)         Identify the federally insured financial institution
 999      into, authorized to do business in the state, in which investor
1000      funds will be deposited, in accordance with the escrow

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1001      agreement.
1002              (f)         Require an attestation under oath that the issuer, its
1003      predecessors, affiliated issuers, directors, officers, and
1004      control persons, or any other person occupying a similar status
1005      or performing a similar function, are not currently and have not
1006      been within the past 10 years the subject of regulatory or
1007      criminal actions involving fraud or deceit.
1008              (g)         Include documentation verifying that the issuer is
1009      organized under the laws of the state and authorized to do
1010      business in the state.
1011              (h)         If applicable, include the intermediary's website
1012      address where the issuer's securities will be offered.
1013              (g)(i)        State Include the target offering amount and the
1014      date, not to exceed 365 days, by which the target amount must be
1015      reached in order to avoid termination of the offering .
1016              (6)         The issuer must amend the notice form within 10
1017      business 30 days after any material information contained in the
1018      notice becomes inaccurate for any reason. The commission may
1019      require, by rule, an issuer who has filed a notice under this
1020      section to file amendments with the office.
1021              (7)         The issuer may engage in general advertising and
1022      general solicitation of the offering to prospective investors.
1023      Any oral or written statements in advertising or solicitation of
1024      the offering which contain a material misstatement, or which
1025      fail to disclose material information, are subject to

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1026      enforcement under this chapter. Any general advertising or other
1027      general announcement must state that the offering is limited and
1028      open only to residents of this state.
1029              (8)         The issuer must provide a disclosure statement to
1030      investors and the dealer or intermediary, along with a copy to
1031      the office at the time that the notice is filed, and make
1032      available to potential investors through the dealer or
1033      intermediary, as applicable; to the office at the time that the
1034      notice is filed; and to each prospective investor at least 3
1035      days before the investor's commitment to purchase or payment of
1036      any consideration. The, a disclosure statement must contain
1037      containing material information about the issuer and the
1038      offering, including all of the following:
1039              (a)         The name, legal status, physical address, e-mail
1040      address, and website address of the issuer.
1041              (b)         The names of the directors, officers, managers,
1042      managing members, and general partners and any person occupying
1043      a similar status or performing a similar function, and the name
1044      and ownership percentage of each person holding more than 20
1045      percent of the issuer's equity interests shares of the issuer.
1046              (c)         A description of the current business of the issuer
1047      and the anticipated business plan of the issuer.
1048              (d)         A description of the stated purpose and intended use
1049      of the proceeds of the offering.
1050              (e)         The target offering amount and, the deadline to reach

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1051      the target offering amount, and regular updates regarding the
1052      progress of the issuer in meeting the target offering amount .
1053              (f)         The price to the public of the securities or the
1054      method for determining the price. However, before the sale, each
1055      investor must receive in writing the final price and all
1056      required disclosures and have an opportunity to rescind the
1057      commitment to purchase the securities.
1058              (g)         A description of the ownership and capital structure
1059      of the issuer, including:
1060              1.      Terms of the securities being offered and each class of
1061      security of the issuer, including how those terms may be
1062      modified, and a summary of the differences between such
1063      securities, including how the rights of the securities being
1064      offered may be materially limited, diluted, or qualified by
1065      rights of any other class of security of the issuer.
1066              2.      A description of how the exercise of the rights held by
1067      the principal equity holders shareholders of the issuer could
1068      negatively impact the purchasers of the securities being
1069      offered.
1070              3.      The name and ownership level of each existing
1071      shareholder who owns more than 20 percent of any class of the
1072      securities of the issuer.
1073              4.      How the securities being offered are being valued, and
1074      examples of methods of how such securities may be valued by the
1075      issuer in the future, including during subsequent corporate

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1076      actions.
1077              5.      The risks to purchasers of the securities relating to
1078      minority ownership in the issuer, the risks associated with
1079      corporate action, including additional issuances of shares, a
1080      sale of the issuer or of assets of the issuer, or transactions
1081      with related parties.
1082              (h)         A statement that the security being offered is not
1083      registered under federal or state securities laws and that the
1084      securities are subject to the limitation on resale contained in
1085      Securities and Exchange Commission Rule 147 or Rule 147A.
1086              (i)         Any issuer plans, formal or informal, to offer
1087      additional securities in the future.
1088              (j)         The risks to purchasers of the securities relating to
1089      minority ownership in the issuer.
1090              (k)(h)        A description of the financial condition of the
1091      issuer.
1092              1.      For offerings that, in combination with all other
1093      offerings of the issuer within the preceding 12-month period,
1094      have target offering amounts of $500,000 $100,000 or less, the
1095      financial statements of the issuer may be, but are not required
1096      to be, included description must include the most recent income
1097      tax return filed by the issuer, if any, and a financial
1098      statement that must be certified by the principal executive
1099      officer of the issuer as true and complete in all material
1100      respects.

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1101              2.      For offerings that, in combination with all other
1102      offerings of the issuer within the preceding 12-month period,
1103      have target offering amounts of more than $500,000 $100,000, but
1104      not more than $2.5 million $500,000, the description must
1105      include financial statements prepared in accordance with
1106      generally accepted accounting principles and reviewed by a
1107      certified public accountant, as defined in s. 473.302, who is
1108      independent of the issuer, using professional standards and
1109      procedures for such review or standards and procedures
1110      established by commission the office, by rule, for such purpose.
1111              3.      For offerings that, in combination with all other
1112      offerings of the issuer within the preceding 12-month period,
1113      have target offering amounts of more than $2.5 million $500,000,
1114      the description must include audited financial statements
1115      prepared in accordance with generally accepted accounting
1116      principles by a certified public accountant, as defined in s.
1117      473.302, who is independent of the issuer, and other
1118      requirements as the commission may establish by rule.
1119              (l)(i)       The following statement in boldface, conspicuous
1120      type on the front page of the disclosure statement:
1121
1122              Neither the Securities and Exchange Commission nor any
1123              state securities commission has approved or
1124              disapproved these securities or determined if this
1125              disclosure statement is truthful or complete. Any

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1126              representation to the contrary is a criminal offense.
1127
1128              These securities are offered under, and will be sold
1129              in reliance upon, an exemption from the registration
1130              requirements of federal and Florida securities laws.
1131              Consequently, Neither the Federal Government nor the
1132              State of Florida has reviewed the accuracy or
1133              completeness of any offering materials. In making an
1134              investment decision, investors must rely on their own
1135              examination of the issuer and the terms of the
1136              offering, including the merits and risks involved.
1137              These securities are subject to restrictions on
1138              transferability and resale and may not be transferred
1139              or resold except as specifically authorized by
1140              applicable federal and state securities laws.
1141              Investing in these securities involves a speculative
1142              risk, and investors should be able to bear the loss of
1143              their entire investment.
1144              (8)         The issuer shall provide to the office a copy of the
1145      escrow agreement with a financial institution authorized to
1146      conduct business in this state. All investor funds must be
1147      deposited in the escrow account. The escrow agreement must
1148      require that all offering proceeds be released to the issuer
1149      only when the aggregate capital raised from all investors is
1150      equal to or greater than the minimum target offering amount

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1151      specified in the disclosure statement as necessary to implement
1152      the business plan, and that all investors will receive a full
1153      return of their investment commitment if that target offering
1154      amount is not raised by the date stated in the disclosure
1155      statement.
1156              (9)         The sum of all cash and other consideration received
1157      for sales of a security under this section may not exceed $5 $1
1158      million, less the aggregate amount received for all sales of
1159      securities by the issuer within the 12 months preceding the
1160      first offer or sale made in reliance upon this exemption. Offers
1161      or sales to a person owning 20 percent or more of the
1162      outstanding equity interests shares of any class or classes of
1163      securities or to an officer, director, manager, managing member,
1164      general partner, or trustee, or a person occupying a similar
1165      status, do not count toward this limitation.
1166              (10)        Unless the investor is an accredited investor , or the
1167      issuer reasonably believes that the investor is an accredited
1168      investor as defined by Rule 501 of Regulation D, adopted
1169      pursuant to the Securities Act of 1933, the aggregate amount of
1170      securities sold by an issuer to an investor in transactions
1171      exempt from registration requirements under this subsection in a
1172      12-month period may not exceed $10,000:
1173              (a)         The greater of $2,000 or 5 percent of the annual
1174      income or net worth of such investor, if the annual income or
1175      the net worth of the investor is less than $100,000.

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1176              (b)         Ten percent of the annual income or net worth of such
1177      investor, not to exceed a maximum aggregate amount sold of
1178      $100,000, if either the annual income or net worth of the
1179      investor is equal to or exceeds $100,000.
1180              (11)        The issuer shall file with the office and provide to
1181      investors free of charge an annual report of the results of
1182      operations and financial statements of the issuer within 45 days
1183      after the end of its fiscal year, until no securities under this
1184      offering are outstanding. The annual reports must meet the
1185      following requirements:
1186              (a)         Include an analysis by management of the issuer of the
1187      business operations and the financial condition of the issuer,
1188      and disclose the compensation received by each director,
1189      executive officer, and person having an ownership interest of 20
1190      percent or more of the issuer, including cash compensation
1191      earned since the previous report and on an annual basis, and any
1192      bonuses, stock options, other rights to receive securities of
1193      the issuer, or any affiliate of the issuer, or other
1194      compensation received.
1195              (b)         Disclose any material change to information contained
1196      in the disclosure statements which was not disclosed in a
1197      previous report.
1198              (11)(12)(a)            A notice-filing under this section must shall
1199      be summarily suspended by the office if:
1200              (a)         The payment for the filing is dishonored by the

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1201      financial institution upon which the funds are drawn. For
1202      purposes of s. 120.60(6), failure to pay the required notice
1203      filing fee constitutes an immediate and serious danger to the
1204      public health, safety, and welfare. The office shall enter a
1205      final order revoking a notice-filing in which the payment for
1206      the filing is dishonored by the financial institution upon which
1207      the funds are drawn; or.
1208              (b)         A notice-filing under this section shall be summarily
1209      suspended by the office if The issuer made a material false
1210      statement in the issuer's notice-filing. The summary suspension
1211      remains shall remain in effect until a final order is entered by
1212      the office. For purposes of s. 120.60(6), a material false
1213      statement made in the issuer's notice-filing constitutes an
1214      immediate and serious danger to the public health, safety, and
1215      welfare. If an issuer made a material false statement in the
1216      issuer's notice-filing, the office must shall enter a final
1217      order revoking the notice-filing, issue a fine as prescribed by
1218      s. 517.191(9) s. 517.221(3), and issue permanent bars under s.
1219      517.191(10) s. 517.221(4) to the issuer and all owners,
1220      officers, directors, general partners, and control persons, or
1221      any person occupying a similar status or performing a similar
1222      function of the issuer, including title; status as a partner,
1223      trustee, sole proprietor, or similar role; and ownership
1224      percentage.
1225              (12)(13)           If the issuer employs the services of an

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1226      intermediary, the An intermediary must:
1227              (a)         Take measures, as established by commission rule, to
1228      reduce the risk of fraud with respect to the transactions,
1229      including verifying that the issuer is in compliance with the
1230      requirements of this section and, if necessary, denying an
1231      issuer access to its platform if the intermediary believes it is
1232      unable to adequately assess the risk of fraud of the issuer or
1233      its potential offering.
1234              (b)         Provide basic information on its website regarding the
1235      high risk of investment in and limitation on the resale of
1236      exempt securities and the potential for loss of an entire
1237      investment. The basic information must include, but need not be
1238      limited to, all of the following:
1239              1.      A description of the financial institution into which
1240      investor funds will be deposited escrow agreement that the
1241      issuer has executed and the conditions for the use release of
1242      such funds by to the issuer in accordance with the agreement and
1243      subsection (4).
1244              2.      A description of whether financial information provided
1245      by the issuer has been audited by an independent certified
1246      public accountant, as defined in s. 473.302.
1247              (c)         Obtain from each prospective investor a zip code or
1248      residence address, a copy of a driver license, and any other
1249      proof of residency in order for the issuer or intermediary to
1250      reasonably believe that the potential investor is a resident of

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1251      this state. The commission may adopt rules authorizing
1252      additional forms of identification and prescribing the process
1253      for verifying any identification presented by the prospective
1254      investor.
1255              (d)         Obtain information sufficient for the issuer or
1256      intermediary to reasonably believe that a particular prospective
1257      investor is an accredited investor
1258              (c)         Obtain a zip code or residence address from each
1259      potential investor who seeks to view information regarding
1260      specific investment opportunities, in order to confirm that the
1261      potential investor is a resident of the state.
1262              (d)         Obtain and verify a valid Florida driver license
1263      number or Florida identification card number from each investor
1264      before purchase of a security to confirm that the investor is a
1265      resident of the state. The commission may adopt rules
1266      authorizing additional forms of identification and prescribing
1267      the process for verifying any identification presented by the
1268      investor.
1269              (e)         Obtain an affidavit from each investor stating that
1270      the investment being made by the investor is consistent with the
1271      income requirements of subsection (10).
1272              (f)         Direct the release of investor funds in escrow in
1273      accordance with subsection (4).
1274              (g)         Direct investors to transmit funds directly to the
1275      financial institution designated in the escrow agreement to hold

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1276      the funds for the benefit of the investor.
1277              (e)(h)        Provide a monthly update for each offering, after
1278      the first full month after the date of the offering. The update
1279      must be accessible on the intermediary's website and must
1280      display the date and amount of each sale of securities, and each
1281      cancellation of commitment to invest, in the previous calendar
1282      month.
1283              (i)         Require each investor to certify in writing, including
1284      as part of such certification his or her signature and his or
1285      her initials next to each paragraph of the certification, as
1286      follows:
1287              I understand and acknowledge that:
1288              I am investing in a high-risk, speculative business
1289      venture. I may lose all of my investment, and I can afford the
1290      loss of my investment.
1291              This offering has not been reviewed or approved by any
1292      state or federal securities commission or other regulatory
1293      authority and no regulatory authority has confirmed the accuracy
1294      or determined the adequacy of any disclosure made to me relating
1295      to this offering.
1296              The securities I am acquiring in this offering are illiquid
1297      and are subject to possible dilution. There is no ready market
1298      for the sale of the securities. It may be difficult or
1299      impossible for me to sell or otherwise dispose of the
1300      securities, and I may be required to hold the securities

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1301      indefinitely.
1302              I may be subject to tax on my share of the taxable income
1303      and losses of the issuer, whether or not I have sold or
1304      otherwise disposed of my investment or received any dividends or
1305      other distributions from the issuer.
1306              By entering into this transaction with the issuer, I am
1307      affirmatively representing myself as being a Florida resident at
1308      the time this contract is formed, and if this representation is
1309      subsequently shown to be false, the contract is void.
1310              If I resell any of the securities I am acquiring in this
1311      offering to a person that is not a Florida resident within 9
1312      months after the closing of the offering, my contract with the
1313      issuer for the purchase of these securities is void.
1314              (j)         Require each investor to answer questions
1315      demonstrating an understanding of the level of risk generally
1316      applicable to investments in startups, emerging businesses, and
1317      small issuers, and an understanding of the risk of illiquidity.
1318              (f)(k)        Take reasonable steps to protect personal
1319      information collected from investors, as required by s. 501.171.
1320              (g)(l)        Prohibit its directors, and officers, managers,
1321      managing members, general partners, employees, and agents from
1322      having any financial interest in the issuer using its services.
1323              (m)         Implement written policies and procedures that are
1324      reasonably designed to achieve compliance with federal and state
1325      securities laws; comply with the anti-money laundering

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1326      requirements of 31 C.F.R. chapter X applicable to registered
1327      brokers; and comply with the privacy requirements of 17 C.F.R.
1328      part 248 relating to brokers.
1329              (13)(14)           An intermediary not registered as a dealer under
1330      s. 517.12(5) may not:
1331              (a)         Offer investment advice or recommendations. A refusal
1332      by an intermediary to post an offering that it deems not
1333      credible or that represents a potential for fraud may not be
1334      construed as an offer of investment advice or recommendation.
1335              (b)         Solicit purchases, sales, or offers to buy securities
1336      offered or displayed on its website.
1337              (c)         Compensate employees, agents, or other persons for the
1338      solicitation of, or based on the sale of, securities offered or
1339      displayed on its website.
1340              (d)         Hold, manage, possess, or otherwise handle investor
1341      funds or securities.
1342              (e)         Compensate promoters, finders, or lead generators for
1343      providing the intermediary with the personal identifying
1344      information of any prospective potential investor.
1345              (f)         Engage in any other activities set forth by commission
1346      rule.
1347              (14)        If the issuer does not employ a dealer or an
1348      intermediary for an offering pursuant to the exemption created
1349      under this section, the issuer must fulfill each of the
1350      obligations specified in paragraphs (12)(c)-(f).

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1351              (15)        Any sale made pursuant to the exemption created under
1352      this section is voidable by the purchaser within 3 days after
1353      the first tender of consideration is made by such purchaser to
1354      the issuer by notifying the issuer that the purchaser expressly
1355      voids the purchase. The purchaser's notice to the issuer must be
1356      sent by e-mail to the issuer's e-mail address set forth in the
1357      disclosure statement that is provided to the purchaser or
1358      purchaser's representative or by certified mail or overnight
1359      delivery service with proof of delivery to the mailing address
1360      set forth in the disclosure statement All funds received from
1361      investors must be directed to the financial institu tion
1362      designated in the escrow agreement to hold the funds and must be
1363      used in accordance with representations made to investors by the
1364      intermediary. If an investor cancels a commitment to invest, the
1365      intermediary must direct the financial institution desig nated to
1366      hold the funds to promptly refund the funds of the investor.
1367              Section 5.          Section 517.0612, Florida Statutes, is created
1368      to read:
1369              517.0612           Florida Invest Local Exemption.—
1370              (1)         This section may be cited as the "Florida Invest Local
1371      Exemption."
1372              (2)         The registration provisions of s. 517.07 do not apply
1373      to a securities transaction conducted in accordance with this
1374      section; however, such transaction is subject to s. 517.301.
1375              (3)         The offer or sale of securities under this section

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1376      must meet the requirements of the federal exemption for
1377      intrastate offerings in s. 3(a)(11) of the Securities Act of
1378      1933, Securities and Exchange Commission Rule 147, or Securities
1379      and Exchange Commission Rule 147A, as amended.
1380              (4)         The issuer must be a for-profit business entity
1381      registered with the Department of State which has its principal
1382      place of business in this state. The issuer may not be, before
1383      or as a result of the offering:
1384              (a)         An investment company as defined in the Investment
1385      Company Act of 1940, as amended;
1386              (b)         Subject to the reporting requirements of the
1387      Securities and Exchange Act of 1934, as amended;
1388              (c)         A business entity that has an undefined business
1389      operation, lacks a business plan, lacks a stated investment goal
1390      for the funds being raised, or plans to engage in a merger or
1391      acquisition with an unspecified business entity; or
1392              (d)         Subject to a disqualification as provided in s.
1393      517.0616.
1394              (5)         The sum of all cash and other consideration received
1395      from all sales of the securities in reliance upon the exemption
1396      under this section may not exceed $500,000, less the aggregate
1397      amount received for all sales of securities by the issuer within
1398      the 12 months before the first offer or sale made in reliance on
1399      this exemption.
1400              (6)(a)        The issuer may not accept more than $10,000 from

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1401      any single purchaser unless any of the following apply:
1402              1.      The issuer reasonably believes that the purchaser is an
1403      accredited investor.
1404              2.      The purchaser is an officer, director, partner, or
1405      trustee, or an individual occupying a similar status or
1406      performing similar functions, of the issuer.
1407              3.      The purchaser is an owner of 10 percent or more of the
1408      issuer's outstanding equity.
1409              (b)         For purposes of this subsection, the following persons
1410      must be treated collectively as a single purchaser:
1411              1.      Any spouse or child of the purchaser or any related
1412      family member who has the same primary residence as the
1413      purchaser.
1414              2.      Any business entity of which the purchaser and any
1415      person related to the purchaser as provided in subparagraph 1.
1416      collectively own more than 50 percent of the equity interest.
1417              (7)         The issuer may engage in general advertising and
1418      general solicitation of the offering. Any general advertising or
1419      other general announcement must state that the offer is limited
1420      and open only to residents of this state. Any oral or written
1421      statements in advertising or solicitation of the offer which
1422      contain a material misstatement, or which fail to disclose
1423      material information, are subject to enforcement under this
1424      chapter.
1425              (8)         A purchaser must receive, at least 3 business days

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1426      before any binding commitment to purchase or consideration paid,
1427      a disclosure statement that provides material information
1428      regarding the issuer, including, but not limited to, all of the
1429      following information:
1430              (a)         The issuer's name, type of entity, and contact
1431      information.
1432              (b)         The name and contact information of each director,
1433      officer, or other manager of the issuer.
1434              (c)         A description of the issuer's business.
1435              (d)         A description of the security being offered.
1436              (e)         The total amount of the offering.
1437              (f)         The intended use of proceeds from the sale of the
1438      securities.
1439              (g)         The target offering amount.
1440              (h)         A statement that if the target offering amount is not
1441      obtained in cash or in the value of other tangible consideration
1442      received on a date that is no more than 180 days after the
1443      commencement of the offering, the offering will be terminated,
1444      and any funds or other consideration received from purchasers
1445      must be promptly returned.
1446              (i)         A statement that the security being offered is not
1447      registered under federal or state securities laws and that the
1448      securities are subject to the limitation on resale contained in
1449      Securities and Exchange Commission Rule 147 or Rule 147A.
1450              (j)         The names and addresses of all persons who will be

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1451      involved in the offer and sale of securities on behalf of the
1452      issuer.
1453              (k)         The name of the bank or other depository institution
1454      into which investor funds will be deposited.
1455              (l)         The following statement in boldface, conspicuous type:
1456
1457              Neither the Securities and Exchange Commission nor any
1458              state securities commission has approved or
1459              disapproved these securities or determined that this
1460              disclosure statement is truthful or complete. Any
1461              representation to the contrary is a criminal offense.
1462
1463              (9)         All funds received from investors must be deposited
1464      into a bank or depository institution authorized to do business
1465      in this state. The issuer may not withdraw any amount of the
1466      offering proceeds unless the target offering amount has been
1467      received.
1468              (10)        The issuer must file a notice of the offering with
1469      the office, in writing or in electronic form, in a format
1470      prescribed by commission rule, no less than 5 business days
1471      before the offering commences, along with the disclosure
1472      statement described in subsection (8). If there are any material
1473      changes to the information previously submitted, the issuer,
1474      within 3 business days after such material change, must file an
1475      amended notice.

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1476              (11)        An individual, entity, or entity employee who acts as
1477      an agent for the issuer in the offer or sale of securities and
1478      is not registered as a dealer under this chapter may not do
1479      either of the following:
1480              (a)         Receive compensation based upon the solicitation of
1481      purchases, sales, or offers to purchase the securities.
1482              (b)         Take custody of investor funds or securities.
1483              (12)        Any sale made pursuant to the exemption created under
1484      this section is voidable by the purchaser within 3 days after
1485      the first tender of consideration is made by such purchaser to
1486      the issuer by notifying the issuer that the purchaser expressly
1487      voids the purchase. The purchaser's notice to the issuer must be
1488      sent by e-mail to the issuer's e-mail address set forth in the
1489      disclosure statement that is provided to a purchaser or the
1490      purchaser's representative or by hand delivery, courier service,
1491      or other method by which written proof of delivery to the issuer
1492      of the purchaser's election to rescind the purchase is
1493      evidenced.
1494              Section 6.          Section 517.0613, Florida Statutes, is created
1495      to read:
1496              517.0613           Failure to comply with a securities registration
1497      exemption.—
1498              (1)         Failure to meet the requirements for any exemption
1499      from securities registration does not preclude the issuer from
1500      claiming the availability of any other applicable state or

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1501      federal exemption.
1502              (2)         The exemptions created under ss. 517.061, 517.0611,
1503      and 517.0612 are not available to an issuer for any transaction
1504      or series of transactions that, although in technical compliance
1505      with the applicable provisions, is part of a plan or scheme to
1506      evade the registration provisions of s. 517.07, and registration
1507      under s. 517.07 is required in connection with such
1508      transactions.
1509              Section 7.          Section 517.0614, Florida Statutes, is created
1510      to read:
1511              517.0614           Integration of offerings.—
1512              (1)         If the safe harbors in subsection (2) do not apply, in
1513      determining whether two or more offerings are to be treated as
1514      one for the purpose of registration or qualifying for an
1515      exemption from registration under this chapter, offers and sales
1516      may not be integrated if, based on the particular facts and
1517      circumstances, the issuer can establish either that each
1518      offering complies with the registration requirements of this
1519      chapter, or that an exemption from registration is available for
1520      the particular offering, provided that any transaction or series
1521      of transactions that, although in technical compliance with this
1522      chapter, is part of a plan or scheme to evade the registration
1523      requirements of this chapter will not have the effect of
1524      avoiding integration. In making this determination:
1525              (a)         For an exempt offering prohibiting general

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1526      solicitation, the issuer must have a reasonable belief, based on
1527      the facts and circumstances, with respect to each purchaser in
1528      the exempt offering prohibiting general solicitation, that the
1529      issuer or any person acting on the issuer's behalf:
1530              1.      Did not solicit such purchaser through the use of
1531      general solicitation; or
1532              2.      Established a substantive relationship with such
1533      purchaser before the commencement of the exempt offering
1534      prohibiting general solicitation, provided that a purchaser
1535      previously solicited through the use of general solicitation is
1536      not deemed to have been solicited through the use of general
1537      solicitation in the current offering if, during the 45 calendar
1538      days following such previous general solicitation:
1539              a.      No offer or sale of the same or similar class of
1540      securities has been made by or on behalf of the issuer,
1541      including to such purchaser; and
1542              b.      The issuer or any person acting on the issuer's behalf
1543      has not solicited such purchaser through the use of general
1544      solicitation for any other security.
1545              (b)         For two or more concurrent exempt offerings permitting
1546      general solicitation, in addition to satisfying the requirements
1547      of the particular exemption relied on, general solicitation
1548      offering materials for one offering that includes information
1549      about the material terms of a concurrent offering under another
1550      exemption may constitute an offer of securities in such other

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1551      offering, and therefore the offer must comply with all the
1552      requirements for, and restrictions on, offers under the
1553      exemption being relied on for such other offering, including any
1554      legend requirements and communications restrictions.
1555              (2)         The integration analysis required by subsection (1) is
1556      not required if any of the following nonexclusive safe harbors
1557      apply:
1558              (a)         An offering commenced more than 30 calendar days
1559      before the commencement of any other offering, or more than 30
1560      calendar days after the termination or completion of any other
1561      offering, may not be integrated with such other offerin g,
1562      provided that for an exempt offering for which general
1563      solicitation is not permitted which follows by 30 calendar days
1564      or more an offering that allows general solicitation, paragraph
1565      (1)(a) applies.
1566              (b)         Offers and sales made in compliance with any of the
1567      following provisions are not subject to integration with other
1568      offerings:
1569              1.      Section 517.051 or s. 517.061, except s. 517.061(9),
1570      (10), or (11).
1571              2.      Section 517.0611 or s. 517.0612.
1572              Section 8.          Section 517.0615, Florida Statutes, is created
1573      to read:
1574              517.0615           Solicitations of interest.—
1575              (1)         A communication may not be deemed to constitute

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1576      general solicitation or general advertising if the communication
1577      is made in connection with a seminar or meeting in which more
1578      than one issuer participates and which is sponsored by a
1579      college, a university, or another institution of higher
1580      education; a state or local government or an instrumentality
1581      thereof; a nonprofit chamber of commerce or other nonprofit
1582      organization; or an angel investor group, incubator, or
1583      accelerator, if all of the following apply:
1584              (a)         Advertising for the seminar or meeting does not
1585      reference a specific offering of securities by the issuer.
1586              (b)         The sponsor of the seminar or meeting does not do any
1587      of the following:
1588              1.      Make investment recommendations or provide investment
1589      advice to attendees of the seminar or meeting.
1590              2.      Engage in any investment negotiations between the
1591      issuer and investors attending the seminar or meeting.
1592              3.      Charge attendees of the seminar or meeting any fees,
1593      other than reasonable administrative fees.
1594              4.      Receive any compensation for making introductions
1595      between seminar or meeting attendees and issuers or for
1596      investment negotiations between such parties.
1597              5.      Receive any compensation with respect to the semina r or
1598      meeting, which compensation would require registration or
1599      notice-filing under this chapter, the Securities Exchange Act of
1600      1934, 15 U.S.C. ss. 78a et seq., as amended, or the Investment

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1601      Advisers Act of 1940, 15 U.S.C. s. 80b-1 et seq., as amended.
1602      The sponsorship of or participation in the seminar or meeting
1603      does not by itself require registration or notice-filing under
1604      this chapter.
1605              (c)         The type of information regarding an offering of
1606      securities by the issuer which is communicated or distributed by
1607      or on behalf of the issuer in connection with the seminar or
1608      meeting is limited to a notification that the issuer is in the
1609      process of offering or planning to offer securities, the type
1610      and amount of securities being offered, the intended use of
1611      proceeds of the offering, and the unsubscribed amount in an
1612      offering.
1613              (d)         If the event allows attendees to participate
1614      virtually, rather than in person, online participation in the
1615      event is limited to:
1616              1.      Individuals that are members of, or otherwise
1617      associated with, the sponsor organization;
1618              2.      Individuals that the sponsor reasonably believes are
1619      accredited investors; or
1620              3.      Individuals that have been invited to the event by the
1621      sponsor based on industry or investment-related experience
1622      reasonably selected by the sponsor in good faith and disclosed
1623      in the public communications about the event.
1624              (2)         Before any offers or sales are made in connection with
1625      an offering, communications by an issuer or any person

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1626      authorized to act on behalf of the issuer are not dee med to
1627      constitute general solicitation or general advertising if the
1628      communication is solely for the purpose of determining whether
1629      there is any interest in a contemplated securities offering.
1630      Requirements imposed under this chapter on written or oral
1631      statements made in the course of such communication may be
1632      enforced as provided in this chapter. The solicitation or
1633      acceptance of money or other consideration or of any commitment,
1634      binding or otherwise, from any person is prohibited.
1635              (a)         The communication must state all of the following:
1636              1.      Money or other consideration is not being solicited
1637      and, if sent in response, will not be accepted.
1638              2.      Any offer to buy the securities will not be accepted,
1639      and no part of the purchase price will be accepted.
1640              3.      A person's indication of interest does not involve
1641      obligation or commitment of any kind.
1642              (b)         Any written communication under this subsection may
1643      include a means by which a person may indicate to the issuer
1644      that the person is interested in a potential offeri ng. The
1645      issuer may require the name, address, telephone number, or e -
1646      mail address in any response form included in the written
1647      communication under this paragraph.
1648              (c)         A communication in accordance with this subsection is
1649      not subject to s. 501.059, regarding telephone solicitations.
1650              Section 9.         Section 517.0616, Florida Statutes, is created

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1651      to read:
1652              517.0616           Disqualification.—A registration exemption under
1653      s. 517.061(9), (10), and (11), s. 517.0611, or s. 517.0612 is
1654      not available to an issuer that would be disqualified under
1655      Securities and Exchange Commission Rule 506(d), 17 C.F.R. s.
1656      230.506(d), as amended, at the time the issuer makes an offer
1657      for the sale of a security.
1658              Section 10.             Present subsections (4) through (8) of section
1659      517.081, Florida Statutes, are redesignated as subsections (6)
1660      through (10), respectively, new subsections (4) and (5) are
1661      added to that section, and subsection (2), paragraph (g) of
1662      subsection (3), and present subsection (7) of that section are
1663      amended, to read:
1664              517.081        Registration procedure.—
1665              (2)         The office shall receive and act upon applications for
1666      the registration of to have securities registered, and the
1667      commission may prescribe forms on which it may require such
1668      applications to be submitted. Applications must shall be duly
1669      signed by the applicant, sworn to by any person having knowledge
1670      of the facts, and filed with the office. The commission may
1671      establish, by rule, procedures for depositing fees and filing
1672      documents by electronic means provided such procedures p rovide
1673      the office with the information and data required by this
1674      section. An application may be made either by the issuer of the
1675      securities for which registration is applied or by any

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1676      registered dealer desiring to sell such securities the same
1677      within the state.
1678              (3)         The office may require the applicant to submit to the
1679      office the following information concerning the issuer and such
1680      other relevant information as the office may in its judgment
1681      deem necessary to enable it to ascertain whether such securities
1682      shall be registered pursuant to the provisions of this section:
1683              (g)1.         A specimen copy of the securities certificate, if
1684      applicable, and a copy of any circular, prospectus,
1685      advertisement, or other description of such securities.
1686              2.      The commission shall adopt a form for a simplified
1687      offering circular to register, under this section, securities
1688      that are sold in offerings in which the aggregate offering price
1689      in any consecutive 12-month period does not exceed the amount
1690      provided in s. 3(b) of the Securities Act of 1933, as amended.
1691      The following issuers shall not be eligible to submit a
1692      simplified offering circular adopted pursuant to this
1693      subparagraph:
1694              a.      An issuer seeking to register securities for resale by
1695      persons other than the issuer.
1696              b.      An issuer that is subject to any of the
1697      disqualifications described in 17 C.F.R. s. 230.262, adopted
1698      pursuant to the Securities Act of 1933, as amended, or that has
1699      been or is engaged or is about to engage in an activity that
1700      would be grounds for denial, revocation, or suspension under s.

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1701      517.111. For purposes of this subparagraph, an issuer includes
1702      an issuer's director, officer, general partner, manager or
1703      managing member, trustee, or equity owner who owns at least 10
1704      percent of the ownership interests of the issuer, promoter, or
1705      selling agent of the securities to be offered or any officer,
1706      director, partner, or manager or managing member of such selling
1707      agent.
1708              c.      An issuer that is a development-stage company that
1709      either has no specific business plan or purpose or has indicated
1710      that its business plan is to merge with an unidentified company
1711      or companies.
1712              d.      An issuer of offerings in which the specific business
1713      or properties cannot be described.
1714              e.      Any issuer the office determines is ineligible because
1715      the form does not provide full and fair disclosure of material
1716      information for the type of offering to be registered by the
1717      issuer.
1718              f.      Any issuer that has failed to provide the office the
1719      reports required for a previous offering registered pursuant to
1720      this subparagraph.
1721
1722      As a condition precedent to qualifying for use of the simplified
1723      offering circular, an issuer shall agree to provide the office
1724      with an annual financial report containing a balance sheet as of
1725      the end of the issuer's fiscal year and a statement of income

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1726      for such year, prepared in accordance with United States
1727      generally accepted accounting principles and accompanied by an
1728      independent accountant's report. If the issuer has more than 100
1729      security holders at the end of a fiscal year, the financial
1730      statements must be audited. Annual financial reports must be
1731      filed with the office within 90 days after the close of the
1732      issuer's fiscal year for each of the first 5 years following the
1733      effective date of the registration.
1734              (4)         The commission may, by rule:
1735              (a)         Establish criteria relating to the issuance of equity
1736      securities, debt securities, insurance company securities, real
1737      estate investment trusts, oil and gas investments, and other
1738      investments. In establishing these criteria, the commission may
1739      consider the rules and regulations of the Securities and
1740      Exchange Commission and statements of policy by the North
1741      American Securities Administrators Association, Inc., relating
1742      to the registration of securities offerings. The criteria must
1743      include all of the following:
1744              1.      The promoter's equity investment ratio.
1745              2.      The financial condition of the issuer.
1746              3.      The voting rights of shareholders.
1747              4.      The grant of options or warrants to underwriters and
1748      others.
1749              5.      Loans and other transactions with affiliates of the
1750      issuer.

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1751              6.      The use, escrow, or refund of proceeds of the offering.
1752              (b)         Prescribe forms requiring applications for the
1753      registration of securities to be submitted to the office,
1754      including a simplified offering circular to register, under this
1755      section, securities that are sold in offerings in which the
1756      aggregate offering price in any consecutive 12-month period does
1757      not exceed the amount provided in s. 3(b) of the Securities Act
1758      of 1933, as amended.
1759              (c)         Establish procedures for depositing fees and filing
1760      documents by electronic means, provided that such procedures
1761      provide the office with the information and data required by
1762      this section.
1763              (d)         Establish requirements and standards for the filing,
1764      content, and circulation of a preliminary, final, or amend ed
1765      prospectus, advertisements, and other sales literature. In
1766      establishing such requirements and standards, the commission
1767      shall consider the rules and regulations of the Securities and
1768      Exchange Commission relating to requirements for preliminary,
1769      final, or amended or supplemented prospectuses and the rules of
1770      the Financial Industry Regulatory Authority relating to
1771      advertisements and sales literature.
1772              (5)         All of the following issuers are not eligible to
1773      submit a simplified offering circular:
1774              (a)         An issuer that is subject to any of the
1775      disqualifications described in Securities and Exchange

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1776      Commission Rule 262, 17 C.F.R. s. 230.262, as amended, or that
1777      has been or is engaged or is about to engage in an activity that
1778      would be grounds for denial, revocation, or suspension under s.
1779      517.111. For purposes of this paragraph, an issuer includes an
1780      issuer's director, officer, general partner, manager or managing
1781      member, trustee, or a person owning at least 10 percent of the
1782      ownership interests of the issuer; a promoter or selling agent
1783      of the securities to be offered; or any officer, director,
1784      partner, or manager or managing member of such selling agent.
1785              (b)         An issuer that is a development-stage company that
1786      either has no specific business plan or purpose or has indicated
1787      that its business plan is to merge with an unidentified business
1788      entity or entities.
1789              (c)         An issuer of offerings in which the specific business
1790      or properties cannot be described.
1791              (d)         An issuer that the office determines is ineligible
1792      because the simplified circular does not provide full and fair
1793      disclosure of material information for the type of offering to
1794      be registered by the issuer.
1795              (9)(a)(7)          The office shall record the registration of a
1796      security in the register of securities if, upon examination of
1797      an any application, it finds that all of the following
1798      requirements are met: the office
1799              1.      The application is complete.
1800              2.      The fee imposed in subsection (8) has been paid.

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1801              3.      The sale of the security would not be fraudulent and
1802      would not work or tend to work a fraud upon the purchaser.
1803              4.      The terms of the sale of such securities would be fair,
1804      just, and equitable.
1805              5.      The enterprise or business of the issuer is not based
1806      upon unsound business principles.
1807              (b)         Upon registration, the security may be sold by the
1808      issuer or any registered dealer, subject, however, to the
1809      further order of the office shall find that the sale of the
1810      security referred to therein would not be fraudulent and would
1811      not work or tend to work a fraud upon the purchaser, that the
1812      terms of the sale of such securities would be fair, just, and
1813      equitable, and that the enterprise or business of the issuer is
1814      not based upon unsound business principles, it shall record the
1815      registration of such security in the register of securities; and
1816      thereupon such security so registered may be sold by any
1817      registered dealer, subject, however, to the further order of the
1818      office. In order to determine if an offering is fair, just, and
1819      equitable, the commission may by rule establish requirements and
1820      standards for the filing, content, and circulation of any
1821      preliminary, final, or amended prospectus and other sales
1822      literature and may by rule establish merit qualification
1823      criteria relating to the issuance of equity securities, de bt
1824      securities, insurance company securities, real estate investment
1825      trusts, and other traditional and nontraditional investments,

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1826      including, but not limited to, oil and gas investments. The
1827      criteria may include such elements as the promoter's equity
1828      investment ratio, the financial condition of the issuer, the
1829      voting rights of shareholders, the grant of options or warrants
1830      to underwriters and others, loans and other affiliated
1831      transaction, the use or refund of proceeds of the offering, and
1832      such other relevant criteria as the office in its judgment may
1833      deem necessary to such determination.
1834              Section 11.            Subsection (2) of section 517.101, Florida
1835      Statutes, is amended to read:
1836              517.101        Consent to service.—
1837              (2)         Any such action must shall be brought either in the
1838      county of the plaintiff's residence or in the county in which
1839      the office has its official headquarters. The written consent
1840      must shall be authenticated by the seal of the said issuer, if
1841      it has a seal, and by the acknowledged signature of a director,
1842      manager, managing member, general partner, trustee, or officer
1843      of the issuer member of the copartnership or company, or by the
1844      acknowledged signature of any officer of the incorporated or
1845      unincorporated association, if it be an incorporated or
1846      unincorporated association, duly authorized by resolution of the
1847      board of directors, trustees, or managers of the corporation or
1848      association, and must shall in such case be accompanied by a
1849      duly certified copy of the resolution of the issuer's board of
1850      directors, trustees, managers, managing members, or general

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1851      partners or managers of the corporation or association,
1852      authorizing the signer to execute the consent officers to
1853      execute the same. In case any process or pleadings mentioned in
1854      this chapter are served upon the office, service must it shall
1855      be by duplicate copies, one of which must shall be filed in the
1856      office and the other another immediately forwarded by the office
1857      by registered mail to the principal office of the issuer against
1858      which the said process or pleadings are directed.
1859              Section 12.            Section 517.131, Florida Statutes, is amended
1860      to read:
1861              517.131        Securities Guaranty Fund.—
1862              (1)         As used in this section, the term "final judgment"
1863      includes an arbitration award confirmed by a court of c ompetent
1864      jurisdiction.
1865              (2)(a)        The Chief Financial Officer shall establish a
1866      Securities Guaranty Fund to provide monetary relief to victims
1867      of securities violations under this chapter who are entitled to
1868      monetary damages or restitution and cannot recover the full
1869      amount of such monetary damages or restitution from the
1870      wrongdoer. An amount not exceeding 20 percent of all revenues
1871      received as assessment fees pursuant to s. 517.12(9) and (10)
1872      for dealers and investment advisers or s. 517.1201 for federal
1873      covered advisers and an amount not exceeding 10 percent of all
1874      revenues received as assessment fees pursuant to s. 517.12(9)
1875      and (10) for associated persons must shall be part of the

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1876      regular registration license fee and must shall be transferred
1877      to or deposited in the Securities Guaranty Fund.
1878              (b)         If the balance in the Securities Guaranty Fund at any
1879      time exceeds $1.5 million, transfer of assessment fees to the
1880      this fund must shall be discontinued at the end of that
1881      registration license year, and transfer of such assessment fees
1882      may shall not resume be resumed unless the fund balance is
1883      reduced below $1 million by disbursement made in accordance with
1884      s. 517.141.
1885              (2)         The Securities Guaranty Fund shall be disbursed as
1886      provided in s. 517.141 to a person who is adjudged by a court of
1887      competent jurisdiction to have suffered monetary damages as a
1888      result of any of the following acts committed by a dealer,
1889      investment adviser, or associated person who was licensed under
1890      this chapter at the time the act was committed:
1891              (a)         A violation of s. 517.07.
1892              (b)         A violation of s. 517.301.
1893              (3)         A Any person is eligible for payment to seek recovery
1894      from the Securities Guaranty Fund if:
1895              (a)         The act for which recovery is sought occurred on or
1896      after October 1, 2024, and the person:
1897              1.      Holds an unsatisfied final judgment in which a
1898      wrongdoer was found to have violated s. 517.07 or s. 517.301;
1899              2.      Has applied any amount recovered from the judgment
1900      debtor or any other source to the damages awarded by the court

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1901      or arbitrator; and
1902              3.      Is a natural person who was a resident of this state,
1903      or is a business entity that was domiciled in this state, at the
1904      time of the violation of s. 517.07 or s. 517.301; or
1905              (b)         The person is a receiver appointed pursuant to s.
1906      517.191(2) by a court of competent jurisdiction for a wrongdoer
1907      ordered to pay restitution under s. 517.191(3) as a result of a
1908      violation of s. 517.07 or s. 517.301 which has requested payment
1909      from the Securities Guaranty Fund on behalf of a person eligible
1910      for payment under paragraph (a)
1911              (a)         Such person has received final judgment in a court of
1912      competent jurisdiction in any action wherein the cause of action
1913      was based on a violation of those sections referred to in
1914      subsection (2).
1915              (b)         Such person has made all reasonable searches and
1916      inquiries to ascertain whether the judgment debtor possesses
1917      real or personal property or other assets subject to being sold
1918      or applied in satisfaction of the judgment, and by her or his
1919      search the person has discovered no property or assets; or s he
1920      or he has discovered property and assets and has taken all
1921      necessary action and proceedings for the application thereof to
1922      the judgment, but the amount thereby realized was insufficient
1923      to satisfy the judgment. To verify compliance with such
1924      condition, the office may require such person to have a writ of
1925      execution be issued upon such judgment, may require a showing

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1926      that no personal or real property of the judgment debtor liable
1927      to be levied upon in complete satisfaction of the judgment can
1928      be found, or may require an affidavit from the claimant setting
1929      forth the reasonable searches and inquiries undertaken and the
1930      result of those searches and inquiries.
1931              (c)         Such person has applied any amounts recovered from the
1932      judgment debtor, or from any other source, to the damages
1933      awarded by the court.
1934              (d)         The act for which recovery is sought occurred on or
1935      after January 1, 1979.
1936              (e)         The office waives compliance with the requirements of
1937      paragraph (a) or paragraph (b). The office may waive such
1938      compliance if the dealer, investment adviser, or associated
1939      person which is the subject of the claim filed with the office
1940      is the subject of any proceeding in which a receiver has been
1941      appointed by a court of competent jurisdiction. If the office
1942      waives such compliance, the office may, upon petition by the
1943      debtor or the court-appointed trustee, examiner, or receiver,
1944      distribute funds from the Securities Guaranty Fund up to the
1945      amount allowed under s. 517.141. Any waiver granted pursuant to
1946      this section shall be considered a judgment for purposes of
1947      complying with the requirements of this section and of s.
1948      517.141.
1949              (4)         A person who has done any of the following is not
1950      eligible for payment from the Securities Guaranty Fund:

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1951              (a)         Participated or assisted in a violation of this
1952      chapter.
1953              (b)         Attempted to commit or committed a violation of this
1954      chapter.
1955              (c)         Profited from a violation of this chapter.
1956              (5)         An eligible person, or a receiver on behalf of the
1957      eligible person, seeking payment from the Securities Guaranty
1958      Fund must file with the office a written application on a form
1959      that the commission may prescribe by rule. The commission may
1960      adopt by rule procedures for filing documents by electronic
1961      means, provided that such procedures provide the office with the
1962      information and data required by this section. The application
1963      must be filed with the office within 1 year after the date of
1964      the final judgment, the date on which a restitution order has
1965      been ripe for execution, or the date of any appellate decision
1966      thereon, and, at minimum, must contain all of the following
1967      information:
1968              (a)         The eligible person's and, if applicable, the
1969      receiver's full name, address, and contact information.
1970              (b)         The person ordered to pay restitution.
1971              (c)         If the eligible person is a business entity, t he
1972      eligible person's type and place of organization and, as
1973      applicable, a copy, as amended, of its articles of
1974      incorporation, articles of organization, trust agreement, or
1975      partnership agreement.

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1976              (d)         Any final judgment and a copy thereof.
1977              (e)         Any restitution order pursuant to s. 517.191(3), and a
1978      copy thereof.
1979              (f)         An affidavit from the eligible person stating either
1980      one of the following:
1981              1.      That the eligible person has made all reasonable
1982      searches and inquiries to ascertain whether the judgment debtor
1983      possesses real or personal property or other assets subject to
1984      being sold or applied in satisfaction of the final judgment and,
1985      by the eligible person's search, that the eligible person has
1986      not discovered any property or assets.
1987              2.      That the eligible person has taken necessary action on
1988      the property and assets of the wrongdoers but the final judgment
1989      remains unsatisfied.
1990              (g)         If the application is filed by the receiver, an
1991      affidavit from the receiver stating the amount of restitution
1992      owed to the eligible person on whose behalf the claim is filed;
1993      the amount of any money, property, or assets paid to the
1994      eligible person on whose behalf the claim is filed by the person
1995      over whom the receiver is appointed; and the amount of any
1996      unsatisfied portion of any eligible person's order of
1997      restitution.
1998              (h)         The eligible person's residence or domicile at the
1999      time of the violation of s. 517.07 or s. 517.301 which resulted
2000      in the eligible person's monetary damages.

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2001              (i)         The amount of any unsatisfied portion of the eligible
2002      person's final judgment.
2003              (j)         Whether an appeal or motion to vacate an arbitration
2004      award has been filed.
2005              (6)         If the office finds that a person is eligible for
2006      payment from the Securities Guaranty Fund and if the person has
2007      complied with this section and the rules adopted under this
2008      section, the office must approve payment to such person from the
2009      fund. Within 90 days after the office's receipt of a complete
2010      application, each eligible person or receiver must be given
2011      written notice, personally or by mail, that the office intends
2012      to approve or deny, or has approved or denied, the application
2013      for payment from the Securities Guaranty Fund.
2014              (7)         Upon receipt by the eligible person or receiver of
2015      notice of the office's decision that the eligible person's o r
2016      receiver's application for payment from the Securities Guaranty
2017      Fund is approved, and before any disbursement, the eligible
2018      person shall assign to the office on a form prescribed by
2019      commission rule all right, title, and interest in the final
2020      judgment or order of restitution equal to the amount of such
2021      payment.
2022              (8)         The office shall deem an application for payment from
2023      the Securities Guaranty Fund abandoned if the eligible person or
2024      receiver, or any person acting on behalf of the eligible person
2025      or receiver, fails to timely complete the application as

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2026      prescribed by commission rule. The time period to complete an
2027      application must be tolled during the pendency of an appeal or
2028      motion to vacate an arbitration award.
2029              (4)         Any person who files an action that may result in the
2030      disbursement of funds from the Securities Guaranty Fund pursuant
2031      to the provisions of s. 517.141 shall give written notice by
2032      certified mail to the office as soon as practicable after such
2033      action has been filed. The failure to give such not ice shall not
2034      bar a payment from the Securities Guaranty Fund if all of the
2035      conditions specified in subsection (3) are satisfied.
2036              (5)         The commission may adopt rules pursuant to ss.
2037      120.536(1) and 120.54 specifying the procedures for complying
2038      with subsections (2), (3), and (4), including rules for the form
2039      of submission and guidelines for the sufficiency and content of
2040      submissions of notices and claims.
2041              Section 13.            Section 517.141, Florida Statutes, is amended
2042      to read:
2043              517.141        Payment from the fund.—
2044              (1)         As used in this section, the term:
2045              (a)         "Claimant" means a person determined eligible for
2046      payment under s. 517.131 that is approved by the office for
2047      payment from the Securities Guaranty Fund.
2048              (b)         "Final judgment" includes an arbitration award
2049      confirmed by a court of competent jurisdiction.
2050              (c)         "Specified adult" has the same meaning as in s.

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2051      517.34(1).
2052              (2)         A claimant is entitled to disbursement from the
2053      Securities Guaranty Fund in the amount equal to the lesser of:
2054              (a)         The unsatisfied portion of the claimant's final
2055      judgment or final order of restitution, but only to the extent
2056      that the final judgment or final order of restitution reflects
2057      actual or compensatory damages, excluding postjudgment interest,
2058      costs, and attorney fees; or
2059              (b)1.        The sum of $15,000; or
2060              2.      If the claimant is a specified adult or if a specified
2061      adult is a beneficial owner or beneficiary of the claimant, the
2062      sum of $25,000 Any person who meets all of the conditions
2063      prescribed in s. 517.131 may apply to the office fo r payment to
2064      be made to such person from the Securities Guaranty Fund in the
2065      amount equal to the unsatisfied portion of such person's
2066      judgment or $10,000, whichever is less, but only to the extent
2067      and amount reflected in the judgment as being actual or
2068      compensatory damages, excluding postjudgment interest, costs,
2069      and attorney's fees.
2070              (3)(2)        Regardless of the number of claims or claimants
2071      involved, payments for claims are shall be limited in the
2072      aggregate to $250,000 $100,000 against any one dealer,
2073      investment adviser, or associated person. If the total claim
2074      filed by a receiver on behalf of multiple claimants exceeds
2075      claims exceed the aggregate limit of $250,000 $100,000, the

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2076      office must shall prorate the payment to each claimant based
2077      upon the ratio that each claimant's individual the person's
2078      claim bears to the total claim claims filed.
2079              (4)         If at any time the balance in the Securities Guaranty
2080      Fund is insufficient to satisfy a valid claim or portion of a
2081      valid claim approved by the office, the office must satisfy the
2082      unpaid claim or portion of the valid claim as soon as a
2083      sufficient amount of money has been deposited into or
2084      transferred to the Securities Guaranty Fund. If more than one
2085      unsatisfied claim is outstanding, the claims must be paid in the
2086      sequence in which the claims were approved by final order of the
2087      office, which final order is not subject to an appeal or other
2088      pending proceeding.
2089              (5)         All payments and disbursements made from the
2090      Securities Guaranty Fund must be made by the Chief Financial
2091      Officer, or his or her designee, upon authorization by the
2092      office. The office shall submit such authorization within 30
2093      days after the approval of an eligible person for payment from
2094      the Securities Guaranty Fund
2095              (3)         No payment shall be made on any claim against any one
2096      dealer, investment adviser, or associated person before the
2097      expiration of 2 years from the date any claimant is found by the
2098      office to be eligible for recovery pursuant to this section. If
2099      during this 2-year period more than one claim is filed against
2100      the same dealer, investment adviser, or associated person, or if

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2101      the office receives notice pursuant to s. 517.131(4) that an
2102      action against the same dealer, investment adviser, or
2103      associated person is pending, all such claims and notices of
2104      pending claims received during this period against the same
2105      dealer, investment adviser, or associated person may be handled
2106      by the office as provided in this section. Two years after the
2107      first claimant against that same dealer, investment adviser, or
2108      associated person applies for payment pursuant to this section:
2109              (a)         The office shall determine those persons eligible for
2110      payment or for potential payment in the event of a pending
2111      action. All such persons may be entitled to receive their pro
2112      rata shares of the fund as provided in this section.
2113              (b)         Those persons who meet all the conditions prescribed
2114      in s. 517.131 and who have applied for payment pursuant to this
2115      section will be entitled to receive their pro rata shares of the
2116      total disbursement.
2117              (c)         Those persons who have filed notice with the office of
2118      a pending claim pursuant to s. 517.131(4) but who are not yet
2119      eligible for payment from the fund will be entitled to receive
2120      their pro rata shares of the total disbursement once they have
2121      complied with subsection (1). However, in the event that the
2122      amounts they are eligible to receive pursuant to subsection (1)
2123      are less than their pro rata shares as determined under this
2124      section, any excess shall be distributed pro rata to those
2125      persons entitled to disbursement under this subsection whose pro

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2126      rata shares of the total disbursement were less than the amounts
2127      of their claims.
2128              (6)(4)       Individual claims filed by persons owning the same
2129      joint account, or claims arising stemming from any other type of
2130      account maintained by a particular licensee on which more than
2131      one name appears, must shall be treated as the claims of one
2132      eligible claimant with respect to payment from the Securities
2133      Guaranty Fund. If a claimant who has obtained a final judgment
2134      or final order of restitution that which qualifies for
2135      disbursement under s. 517.131 has maintained more than one
2136      account with the dealer, investment adviser, or associated
2137      person who is the subject of the claims, for purposes of
2138      disbursement of the Securities Guaranty Fund, all such accounts,
2139      whether joint or individual, must shall be considered as one
2140      account and shall entitle such claimant to only one distribution
2141      from the fund not to exceed the lesser of $10,000 or the
2142      unsatisfied portion of such claimant's judgment as provided in
2143      subsection (1). To the extent that a claimant obtains more than
2144      one final judgment or final order of restitution against a
2145      person dealer, investment adviser, or one or more associated
2146      persons arising out of the same transactions, occurrences, or
2147      conduct or out of such the dealer's, investment adviser's, or
2148      associated person's handling of the claimant's account, the
2149      final such judgments or final orders of restitution must shall
2150      be consolidated for purposes of this section and shall entitle

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2151      the claimant to only one disbursement from the fund not to
2152      exceed the lesser of $10,000 or the unsatisfied portion of such
2153      claimant's judgment as provided in subsection (1).
2154              (7)(5)        If the final judgment or final order of restitution
2155      that gave rise to the claim is overturned in any appeal or in
2156      any collateral proceeding, the claimant must shall reimburse the
2157      Securities Guaranty Fund all amounts paid from the fund to the
2158      claimant on the claim. If the claimant satisfies the final
2159      judgment or final order of restitution specified in s.
2160      517.131(3)(a), the claimant must shall reimburse the Securities
2161      Guaranty Fund all amounts paid from the fund to the claimant on
2162      the claim. Such reimbursement must shall be paid to the
2163      Department of Financial Services office within 60 days after the
2164      final resolution of the appellate or collateral proceedings or
2165      the satisfaction of the final judgment or order of restitution,
2166      with the 60-day period commencing on the date the final order or
2167      decision is entered in such proceedings.
2168              (8)(6)        If a claimant receives payments in excess of that
2169      which is permitted under this chapter, the claimant must shall
2170      reimburse the Securities Guaranty Fund such excess within 60
2171      days after the claimant receives such excess payment or after
2172      the payment is determined to be in excess of that permitted by
2173      law, whichever is later.
2174              (9)         A claimant who knowingly and willfully files or causes
2175      to be filed an application under s. 517.131 or documents

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2176      supporting the application, any of which contain false,
2177      incomplete, or misleading information in any material aspect,
2178      forfeits all payments from the Securities Guaranty Fund and
2179      commits a violation of s. 517.301(1)(c).
2180              (10)(7)        The Department of Financial Services office may
2181      institute legal proceedings to enforce compliance with this
2182      section and with s. 517.131 to recover moneys owed to the
2183      Securities Guaranty Fund, and is shall be entitled to recover
2184      interest, costs, and attorney attorney's fees in any action
2185      brought pursuant to this section in which the department office
2186      prevails.
2187              (8)         If at any time the money in the Securities Guaranty
2188      Fund is insufficient to satisfy any valid claim or portion of a
2189      valid claim approved by the office, the office shall satisfy
2190      such unpaid claim or portion of such valid claim as soon as a
2191      sufficient amount of money has been deposited in or transferred
2192      to the fund. When there is more than one unsatisfied claim
2193      outstanding, such claims shall be paid in the order in which the
2194      claims were approved by final order of the office, which o rder
2195      is not subject to an appeal or other pending proceeding.
2196              (9)         Upon receipt by the claimant of the payment from the
2197      Securities Guaranty Fund, the claimant shall assign any
2198      additional right, title, and interest in the judgment, to the
2199      extent of such payment, to the office. If the provisions of s.
2200      517.131(3)(e) apply, the claimant must assign to the office any

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2201      right, title, and interest in the debt to the extent of any
2202      payment by the office from the Securities Guaranty Fund.
2203              (10)        All payments and disbursements made from the
2204      Securities Guaranty Fund shall be made by the Chief Financial
2205      Officer upon authorization signed by the director of the office,
2206      or such agent as she or he may designate.
2207              Section 14.            Section 517.191, Florida Statutes, is amended
2208      to read:
2209              517.191        Enforcement by the Office of Financial Regulation
2210      Injunction to restrain violations; civil penalties; enforcement
2211      by Attorney General.—
2212              (1)         When it appears to the office, either upon complaint
2213      or otherwise, that a person has engaged or is about to engage in
2214      any act or practice constituting a violation of this chapter or
2215      a rule or order hereunder, the office may investigate; and
2216      whenever it shall believe from evidence satisfactory to it that
2217      any such person has engaged, is engaged, or is about to engage
2218      in any act or practice constituting a violation of this chapter
2219      or a rule or order hereunder, the office may, in addition to any
2220      other remedies, bring action in the name and on behalf of the
2221      state against such person and any other person concerned in or
2222      in any way participating in or about to participate in such
2223      practices or engaging therein or doing any act or acts in
2224      furtherance thereof or in violation of this chapter to enjoin
2225      such person or persons from continuing such fraudulent practice s

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2226      or engaging therein or doing any act or acts in furtherance
2227      thereof or in violation of this chapter. In any such court
2228      proceedings, the office may apply for, and on due showing be
2229      entitled to have issued, the court's subpoena requiring
2230      forthwith the appearance of any defendant and her or his
2231      employees, associated persons, or agents and the production of
2232      documents, books, and records that may appear necessary for the
2233      hearing of such petition, to testify or give evidence concerning
2234      the acts or conduct or things complained of in such application
2235      for injunction. In such action, the equity courts shall have
2236      jurisdiction of the subject matter, and a judgment may be
2237      entered awarding such injunction as may be proper.
2238              (2)         In addition to all other means provided by law for the
2239      enforcement of any temporary restraining order, temporary
2240      injunction, or permanent injunction issued in any such court
2241      proceedings, the court shall have the power and jurisdiction,
2242      upon application of the office, to impound and to appoint a
2243      receiver or administrator for the property, assets, and business
2244      of the defendant, including, but not limited to, the books,
2245      records, documents, and papers appertaining thereto. Such
2246      receiver or administrator, when appointed and qualified, shall
2247      have all powers and duties as to custody, collection,
2248      administration, winding up, and liquidation of such said
2249      property and business as may shall from time to time be
2250      conferred upon her or him by the court. In any such action, the

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2251      court may issue orders and decrees staying all pending suits and
2252      enjoining any further suits affecting the receiver's or
2253      administrator's custody or possession of such the said property,
2254      assets, and business or, in its discretion, may with the consent
2255      of the presiding judge of the circuit require that all such
2256      suits be assigned to the circuit court judge appointing such the
2257      said receiver or administrator.
2258              (3)         In addition to, or in lieu of, any other remedies
2259      provided by this chapter, the office may apply to the court
2260      hearing the this matter for an order directing the defendant to
2261      make restitution of those sums shown by the office to have been
2262      obtained in violation of any of the provisions of this chapter.
2263      The office has standing to request such restitution on behalf of
2264      victims in cases brought by the office under this chapter,
2265      regardless of the appointment of an administrator or receiver
2266      under subsection (2) or an injunction under subsection (1).
2267      Further, such restitution must shall, at the option of the
2268      court, be payable to the administrator or receiver appointed
2269      pursuant to this section or directly to the persons whose assets
2270      were obtained in violation of this chapter.
2271              (4)         In addition to any other remedies provided by this
2272      chapter, the office may apply to the court hearing the matter
2273      for, and the court has shall have jurisdiction to impose, a
2274      civil penalty against any person found to have violated any
2275      provision of this chapter, any rule or order adopted by the

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2276      commission or the office, or any written agreement entered into
2277      with the office in an amount not to exceed any of the following:
2278              (a)         The greater of $20,000 $10,000 for a natural person or
2279      $25,000 for a business entity any other person, or the gross
2280      amount of any pecuniary loss to investors or pecuniary gain to a
2281      natural person or business entity such defendant for each such
2282      violation, other than a violation of s. 517.301, plus the
2283      greater of $50,000 for a natural person or $250,000 for a
2284      business entity any other person, or the gross amount of any
2285      pecuniary loss to investors or pecuniary gain to a natural
2286      person or business entity such defendant for each violation of
2287      s. 517.301.
2288              (b)         Twice the amount of the civil penalty that would
2289      otherwise be imposed under this subsection if a specified adult,
2290      as defined in s. 517.34(1), is the victim of a violation of this
2291      chapter.
2292
2293      All civil penalties collected pursuant to this subsection must
2294      shall be deposited into the Anti-Fraud Trust Fund. The office
2295      may recover any costs and attorney fees related to its
2296      investigation or enforcement of this section. Notwithstanding
2297      any other law, such moneys recovered by the office must be
2298      deposited into the Anti-Fraud Trust Fund.
2299              (5)         For purposes of any action brought by the office under
2300      this section, a control person who controls any person found to

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2301      have violated this chapter or any rule adopted thereunder is
2302      jointly and severally liable with, and to the same extent as,
2303      the controlled person in any action brought by the office under
2304      this section unless the control person can establish by a
2305      preponderance of the evidence that he or she acted in good faith
2306      and did not directly or indirectly induce the act that
2307      constitutes the violation or cause of action.
2308              (6)         For purposes of any action brought by the office under
2309      this section, a person who knowingly or recklessly provides
2310      substantial assistance to another person in violation of this
2311      chapter or any rule adopted thereunder is deemed to violate this
2312      chapter or the rule to the same extent as the person to whom
2313      such assistance is provided.
2314              (7)         The office may issue and serve upon a person a cease
2315      and desist order if the office has reason to believe that the
2316      person violates, has violated, or is about to violate this
2317      chapter, any commission or office rule or order, or any written
2318      agreement entered into with the office.
2319              (8)         If the office finds that any conduct described in
2320      subsection (7) presents an immediate danger to the public,
2321      requiring an immediate final order, the office may issue an
2322      emergency cease and desist order reciting with particularity the
2323      facts underlying such findings. The emergency cease and desist
2324      order is effective immediately upon service of a copy of the
2325      order on the respondent named in the order and remains effective

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2326      for 90 days after issuance. If the office begins nonemergency
2327      cease and desist proceedings under subsection (7), the emergency
2328      cease and desist order remains effective until the conclusion of
2329      the proceedings under ss. 120.569 and 120.57.
2330              (9)         The office may impose and collect an administrative
2331      fine against any person found to have violated any provision of
2332      this chapter, any rule or order adopted by the commission or
2333      office, or any written agreement entered into with the office in
2334      an amount not to exceed the penalties provided in subsection
2335      (4). All fines collected under this subsection must be deposited
2336      into the Anti-Fraud Trust Fund.
2337              (10)        The office may bar, permanently or for a specific
2338      period of time, any person found to have violated this chapter,
2339      any rule or order adopted by the commission or office, or any
2340      written agreement entered into with the office from submitting
2341      an application or notification for a license or registration
2342      with the office.
2343              (11)        In addition to all other means provided by law for
2344      enforcing any of the provisions of this chapter, when the
2345      Attorney General, upon complaint or otherwise, has reason to
2346      believe that a person has engaged or is engaged in any act or
2347      practice constituting a violation of s. 517.275 or, s. 517.301,
2348      s. 517.311, or s. 517.312, or any rule or order issued under
2349      such sections, the Attorney General may investigate and bring an
2350      action to enforce these provisions as provided in ss. 517.171,

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2351      517.201, and 517.2015 after receiving written approval from the
2352      office. Such an action may be brought against such person and
2353      any other person in any way participating in such act or
2354      practice or engaging in such act or practice or doing any act in
2355      furtherance of such act or practice, to obtain injunctive
2356      relief, restitution, civil penalties, and any remedies provided
2357      for in this section. The Attorney General may recover any costs
2358      and attorney fees related to the Attorney General's
2359      investigation or enforcement of this section. Notwithstanding
2360      any other provision of law, moneys recovered by the A ttorney
2361      General for costs, attorney fees, and civil penalties for a
2362      violation of s. 517.275 or, s. 517.301, s. 517.311, or s.
2363      517.312, or any rule or order issued pursuant to such sections,
2364      must shall be deposited in the Legal Affairs Revolving Trust
2365      Fund. The Legal Affairs Revolving Trust Fund may be used to
2366      investigate and enforce this section.
2367              (12)(6)       This section does not limit the authority of the
2368      office to bring an administrative action against any person that
2369      is the subject of a civil action brought pursuant to this
2370      section or limit the authority of the office to engage in
2371      investigations or enforcement actions with the Attorney General.
2372      However, a person may not be subject to both a civil penalty
2373      under subsection (4) and an administrative fine under subsection
2374      (9) s. 517.221(3) as the result of the same facts.
2375              (13)(7)       Notwithstanding s. 95.11(4)(f), an enforcement

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2376      action brought under this section based on a violation of any
2377      provision of this chapter or any rule or order issued under this
2378      chapter shall be brought within 6 years after the facts giving
2379      rise to the cause of action were discovered or should have been
2380      discovered with the exercise of due diligence, but not more than
2381      8 years after the date such violation occurred.
2382              (14)        This chapter does not limit any statutory right of
2383      the state to punish a person for a violation of a law.
2384              (15)        When not in conflict with the Constitution or laws of
2385      the United States, the courts of this state have the same
2386      jurisdiction over civil suits instituted in connection with the
2387      sale or offer of sale of securities under any laws of the United
2388      States as the courts of this state may have with regard to
2389      similar cases instituted under the laws of this state.
2390              Section 15.            Section 517.211, Florida Statutes, is amended
2391      to read:
2392              517.211        Private remedies available in cases of unlawful
2393      sale.—
2394              (1)         Every sale made in violation of either s. 517.07 or s.
2395      517.12(1), (3), (4), (8), (10), (12), (15), or (17) may be
2396      rescinded at the election of the purchaser; however, except a
2397      sale made in violation of the provisions of s. 517.1202(3)
2398      relating to a renewal of a branch office notification or shall
2399      not be subject to this section, and a sale made in violation of
2400      the provisions of s. 517.12(12) relating to filing a change of

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2401      address amendment is shall not be subject to this section. Each
2402      person making the sale and every director, officer, partner, or
2403      agent of or for the seller, if the director, officer, partner,
2404      or agent has personally participated or aided in making the
2405      sale, is jointly and severally liable to the purchaser in an
2406      action for rescission, if the purchaser still owns the security,
2407      or for damages, if the purchaser has sold the security. No
2408      purchaser otherwise entitled will have the benefit of this
2409      subsection who has refused or failed, within 30 days after of
2410      receipt, to accept an offer made in writing by the seller, if
2411      the purchaser has not sold the security, to take back the
2412      security in question and to refund the full amount paid by the
2413      purchaser or, if the purchaser has sold the security, to pay the
2414      purchaser an amount equal to the difference between the amount
2415      paid for the security and the amount received by the purchaser
2416      on the sale of the security, together, in either case, with
2417      interest on the full amount paid for the security by the
2418      purchaser at the legal rate, pursuant to s. 55.03, for the
2419      period from the date of payment by the purchaser to the date of
2420      repayment, less the amount of any income received by the
2421      purchaser on the security.
2422              (2)         Any person purchasing or selling a security in
2423      violation of s. 517.301, and every director, officer, partner,
2424      or agent of or for the purchaser or seller, if the director,
2425      officer, partner, or agent has personally participated or aided

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2426      in making the sale or purchase, is jointly and severally liable
2427      to the person selling the security to or purchasing the security
2428      from such person in an action for rescission, if the plaintiff
2429      still owns the security, or for damages, if the plaintiff has
2430      sold the security.
2431              (3)         For purposes of any action brought under this section,
2432      a control person who controls any person found to have violated
2433      any provision specified in subsection (1) is jointly and
2434      severally liable with, and to the same extent as, such
2435      controlled person in any action brought under this section
2436      unless the control person can establish by a preponderance of
2437      the evidence that he or she acted in good faith and did not
2438      directly or indirectly induce the act that constitutes the
2439      violation or cause of action.
2440              (4)         In an action for rescission:
2441              (a)         A purchaser may recover the consideration paid for the
2442      security or investment, plus interest thereon at the legal rate
2443      from the date of purchase, less the amount of any income
2444      received by the purchaser on the security or investment upon
2445      tender of the security or investment.
2446              (b)         A seller may recover the security upon tender of the
2447      consideration paid for the security, plus interest at the legal
2448      rate from the date of purchase, less the amount of any income
2449      received by the defendant on the security.
2450              (5)(4)        In an action for damages brought by a purchaser of

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2451      a security or investment, the plaintiff must shall recover an
2452      amount equal to the difference between:
2453              (a)         The consideration paid for the security or investment,
2454      plus interest thereon at the legal rate from the date of
2455      purchase; and
2456              (b)         The value of the security or investment at the time it
2457      was disposed of by the plaintiff, plus the amount of any income
2458      received on the security or investment by the plaintiff.
2459              (6)(5)        In an action for damages brought by a seller of a
2460      security, the plaintiff shall recover an amount equal to the
2461      difference between:
2462              (a)         The value of the security at the time of the
2463      complaint, plus the amount of any income received by the
2464      defendant on the security; and
2465              (b)         The consideration received for the security, plus
2466      interest at the legal rate from the date of sale.
2467              (7)(6)        In any action brought under this section, including
2468      an appeal, the court shall award reasonable attorney attorneys'
2469      fees to the prevailing party unless the court finds that the
2470      award of such fees would be unjust.
2471              (8)         This chapter does not limit any statutory or common -
2472      law right of a person to bring an action in a court for an act
2473      involved in the sale of securities or investments.
2474              (9)         The same civil remedies provided by the laws of the
2475      United States for the purchasers or sellers of securities in

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2476      interstate commerce also extend to purchasers or sellers of
2477      securities under this chapter.
2478              Section 16.            Section 517.221, Florida Statutes, is
2479      repealed.
2480              Section 17.            Section 517.241, Florida Statutes, is
2481      repealed.
2482              Section 18.            Section 517.301, Florida Statutes, is amended
2483      to read:
2484              517.301        Fraudulent transactions; falsification or
2485      concealment of facts.—
2486              (1)         It is unlawful and a violation of the provisions of
2487      this chapter for a person:
2488              (a)         In connection with the rendering of any investment
2489      advice or in connection with the offer, sale, or purchase of any
2490      investment or security, including any security exempted under
2491      the provisions of s. 517.051 and including any security sold in
2492      a transaction exempted under the provisions of s. 517.061, s.
2493      517.0611, or s. 517.0612, directly or indirectly:
2494              1.      To employ any device, scheme, or artifice to defraud;
2495              2.      To obtain money or property by means of any untrue
2496      statement of a material fact or any omission to state a material
2497      fact necessary in order to make the statements made, in the
2498      light of the circumstances under which they were made, not
2499      misleading; or
2500              3.      To engage in any transaction, practice, or course of

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2501      business which operates or would operate as a fraud or deceit
2502      upon a person.
2503              (b)         By use of any means, to publish, give publicity to, or
2504      circulate any notice, circular, advertisement, newspaper,
2505      article, letter, investment service, communication, or broadcast
2506      that, although which, though not purporting to offer a security
2507      for sale, describes such security for a consideration received
2508      or to be received directly or indirectly from an issuer,
2509      underwriter, or dealer, or from an agent or employee of an
2510      issuer, underwriter, or dealer, without fully disclosing the
2511      receipt, whether past or prospective, of such consideration and
2512      the amount of the consideration.
2513              (c)         In any matter within the jurisdiction of the office,
2514      to knowingly and willfully falsify, conceal, or cover up, by any
2515      trick, scheme, or device, a material fact, make any false,
2516      fictitious, or fraudulent statement or representation, or make
2517      or use any false writing or document, knowing the same to
2518      contain any false, fictitious, or fraudulent statement or entry.
2519              (2)         For purposes of ss. 517.311 and 517.312 and this
2520      section, the term "investment" means any commitment of money or
2521      property principally induced by a representation that an
2522      economic benefit may be derived from such commitment, except
2523      that the term does not include a commitment of money or property
2524      for:
2525              (a)         The purchase of a business opportunity, business

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2526      enterprise, or real property through a person licensed under
2527      chapter 475 or registered under former chapter 498; or
2528              (b)         The purchase of tangible personal property through a
2529      person not engaged in telephone solicitation, electronic mail,
2530      text messages, social media, or other electronic means where
2531      said property is offered and sold in accordance with the
2532      following conditions:
2533              1.      there are no specific representations or guarantees
2534      made by the offeror or seller as to the economic benefit to be
2535      derived from the purchase.;
2536              2.      The tangible property is delivered to the purchaser
2537      within 30 days after sale, except that such 30-day period may be
2538      extended by the office if market conditions so warrant; and
2539              3.      The seller has offered the purchaser a full refund
2540      policy in writing, exercisable by the purchaser within 10 days
2541      of the date of delivery of such tangible personal property,
2542      except that the amount of such refund may not exceed the bid
2543      price in effect at the time the property is returned to the
2544      seller. If the applicable sellers' market is closed at the time
2545      the property is returned to the seller for a refund, the amount
2546      of such refund shall be based on the bid price for such property
2547      at the next opening of such market.
2548              (3)         It is unlawful for a person in issuing or selling a
2549      security within this state, including a security exempted under
2550      s. 517.051 and including a transaction exempted under s.

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          PCS for HB 311                             ORIGINAL                                                  2024



2551      517.061, s. 517.0611, or s. 517.0612, to misrepresent that such
2552      security or business entity has been guaranteed, sponsored,
2553      recommended, or approved by the state or an agency or officer of
2554      the state or by the United States or an agency or officer of the
2555      United States.
2556              (4)         It is unlawful for a person registered or required to
2557      be registered, or subject to the notice requirements, under this
2558      chapter, including such persons and issuers who are subject to
2559      s. 517.051, s. 517.061, s. 517.0611, s. 517.0612, or s. 517.081,
2560      to misrepresent that such person has been sponsored,
2561      recommended, or approved, or that such person's abilities or
2562      qualifications have in any respect been approved, by the state
2563      or an agency or officer of the state or by the United St ates or
2564      an agency or officer of the United States.
2565              (5)         It is unlawful and a violation of this chapter for a
2566      person in connection with the offer or sale of an investment to
2567      obtain money or property by means of:
2568              (a)         A misrepresentation that the investment offered or
2569      sold is guaranteed, sponsored, recommended, or approved by the
2570      state or an agency or officer of the state or by the United
2571      States or an agency or officer of the United States; or
2572              (b)         A misrepresentation that such person is sponsored,
2573      recommended, or approved, or that such person's abilities or
2574      qualifications have in any respect been examined, by the state
2575      or an agency or officer of the state or by the United States or

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          PCS for HB 311                             ORIGINAL                                                  2024



2576      an agency or officer of the United States.
2577              (6)(a)        Subsection (3) or subsection (4) may not be
2578      construed to prohibit a statement that a person or security is
2579      registered or has made a notice filing under this chapter if
2580      such statement is required by this chapter or rules promulgated
2581      thereunder and is true in fact and if the effect of such
2582      statement is not a misrepresentation.
2583              (b)         A statement that a person is registered made in
2584      connection with the offer or sale of a security under this
2585      chapter must include the following disclaimer: "Registration
2586      does not imply that such person has been sponsored, recommended,
2587      or approved by the state or an agency or officer of the state or
2588      by the United States or an agency or officer of the United
2589      States."
2590              1.      If the statement of registration is made in writing,
2591      the disclaimer must immediately follow such statement and must
2592      be in the same size and style of print as the statement of
2593      registration.
2594              2.      If the statement of registration is made orally, the
2595      disclaimer must be made or broadcast with the same force and
2596      effect as the statement of registration.
2597              (7)         It is unlawful and a violation of this chapter for a
2598      person to directly or indirectly manage, supervise, control, or
2599      own, either alone or in association with others, a boiler room
2600      in this state which sells or offers for sale a security or

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          PCS for HB 311                             ORIGINAL                                                  2024



2601      investment in violation of subsection (1), subsection (3),
2602      subsection (4), subsection (5), or subsection (6).
2603              Section 19.            Section 517.311, Florida Statutes, is
2604      repealed.
2605              Section 20.            Section 517.312, Florida Statutes, is
2606      repealed.
2607              Section 21.            Subsections (1), (2), and (3) of section
2608      517.072, Florida Statutes, are amended to read:
2609              517.072        Viatical settlement investments.—
2610              (1)         The exemptions provided for by s. 517.051(6) and (11)
2611      ss. 517.051(6), (8), and (10) do not apply to a viatical
2612      settlement investment.
2613              (2)         The offering of a viatical settlement investment is
2614      not an exempt transaction under s. 517.061(10), (12), (13), and
2615      (18) s. 517.061(2), (3), (8), (11), and (18), regardless of
2616      whether the offering otherwise complies with the condit ions of
2617      that section, unless such offering is to a qualified
2618      institutional buyer.
2619              (3)         The registration provisions of ss. 517.07 and 517.12
2620      do not apply to any of the following transactions in viatical
2621      settlement investments; however, such transactions in viatical
2622      settlement investments are subject to s. 517.301 the provisions
2623      of ss. 517.301, 517.311, and 517.312:
2624              (a)         The transfer or assignment of an interest in a
2625      previously viaticated policy from a natural person who transfers

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2626      or assigns no more than one such interest in a single calendar
2627      year.
2628              (b)         The provision of stop-loss coverage to a viatical
2629      settlement provider, financing entity, or related provider
2630      trust, as those terms are defined in s. 626.9911, by an
2631      authorized or eligible insurer.
2632              (c)         The transfer or assignment of a viaticated policy from
2633      a licensed viatical settlement provider to another licensed
2634      viatical settlement provider, a related provider trust, a
2635      financing entity, or a special purpose entity, as those terms
2636      are defined in s. 626.9911, or to a contingency insurer,
2637      provided that such transfer or assignment is not the direct or
2638      indirect promotion of any scheme or enterprise with the intent
2639      of violating or evading any provision of this chapter.
2640              (d)         The transfer or assignment of a viaticated policy to a
2641      bank, trust company, savings institution, insurance company,
2642      dealer, investment company as defined in the Investment Company
2643      Act of 1940, as amended, pension or profit-sharing trust,
2644      qualified institutional buyer, or an accredited investo r,
2645      provided such transfer or assignment is not for the direct or
2646      indirect promotion of any scheme or enterprise with the intent
2647      of violating or evading any provision of this chapter.
2648              (e)         The transfer or assignment of a viaticated policy by a
2649      conservator of a viatical settlement provider appointed by a
2650      court of competent jurisdiction who transfers or assigns

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2651      ownership of viaticated policies pursuant to that court's order.
2652              Section 22.            Subsection (2), paragraph (a) of subsection
2653      (9), paragraph (j) of subsection (16), subsection (20), and
2654      paragraphs (b) and (c) of subsection (21) of section 517.12,
2655      Florida Statutes, are amended to read:
2656              517.12        Registration of dealers, associated persons,
2657      intermediaries, and investment advisers.—
2658              (2)         The registration requirements of this section do not
2659      apply in a transaction exempted by s. 517.061(1)-(6), (8), (9),
2660      (12), and (13) s. 517.061(1)-(10), (12), (14), and (15).
2661              (9)(a)        An applicant for registration shall pay an
2662      assessment fee of $200, in the case of a dealer or investment
2663      adviser, or $50, in the case of an associated person. An
2664      associated person may be assessed an additional fee to cover the
2665      cost for the fingerprints to be processed by the office. Such
2666      fee shall be determined by rule of the commission. Such fees
2667      become the revenue of the state, except for those assessments
2668      provided for under s. 517.131(2) s. 517.131(1) until such time
2669      as the Securities Guaranty Fund satisfies the statutory limits,
2670      and are not returnable in the event that registration is
2671      withdrawn or not granted.
2672              (16)
2673              (j)         All fees collected under this subsection become the
2674      revenue of the state, except those assessments provided for
2675      under s. 517.131(2) s. 517.131(1), until the Securities Guaranty

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2676      Fund has satisfied the statutory limits. Such fees are not
2677      returnable if a notice-filing is withdrawn.
2678              (20)        The registration requirements of this section do not
2679      apply to any general lines insurance agent or life insurance
2680      agent licensed under chapter 626, with regard to for the sale of
2681      a security as defined in s. 517.021(25)(g) s. 517.021(23)(g), if
2682      the individual is directly authorized by the issuer to offer or
2683      sell the security on behalf of the issuer and the issuer is a
2684      federally chartered savings bank subject to regulation by the
2685      Federal Deposit Insurance Corporation. Actions under this
2686      subsection shall constitute activity under the insurance agent's
2687      license for purposes of ss. 626.611 and 626.621.
2688              (21)
2689              (b)         Prior to the completion of any securities transaction
2690      described in s. 517.061(7) s. 517.061(22), a merger and
2691      acquisition broker must receive written assurances from the
2692      control person with the largest percentage of ownership for both
2693      the buyer and seller engaged in the transaction that:
2694              1.      After the transaction is completed, any person who
2695      acquires securities or assets of the eligible privately held
2696      company, acting alone or in concert, will be a control person of
2697      the eligible privately held company or will be a control person
2698      for the business conducted with the assets of the eligible
2699      privately held company; and
2700              2.      If any person is offered securities in exchange for

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2701      securities or assets of the eligible privately held company,
2702      such person will, before becoming legally bound to complete the
2703      transaction, receive or be given reasonable access to t he most
2704      recent year-end financial statements of the issuer of the
2705      securities offered in exchange. The most recent year-end
2706      financial statements shall be customarily prepared by the
2707      issuer's management in the normal course of operations. If the
2708      financial statements of the issuer are audited, reviewed, or
2709      compiled, the most recent year-end financial statements must
2710      include any related statement by the independent certified
2711      public accountant; a balance sheet dated not more than 120 days
2712      before the date of the exchange offer; and information
2713      pertaining to the management, business, results of operations
2714      for the period covered by the foregoing financial statements,
2715      and material loss contingencies of the issuer.
2716              (c)         A merger and acquisition broker engaged in a
2717      transaction exempt under s. 517.061(7) s. 517.061(22) is exempt
2718      from registration under this section unless the merger and
2719      acquisition broker:
2720              1.      Directly or indirectly, in connection with the transfer
2721      of ownership of an eligible privately held company, receives,
2722      holds, transmits, or has custody of the funds or securities to
2723      be exchanged by the parties to the transaction;
2724              2.      Engages on behalf of an issuer in a public offering of
2725      any class of securities which is registered, or which is

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2726      required to be registered, with the United States Securities and
2727      Exchange Commission under the Securities Exchange Act of 1934,
2728      15 U.S.C. ss. 78a et seq., or with the office under s. 517.07;
2729      or for which the issuer files, or is required to file, periodic
2730      information, documents, and reports under s. 15(d) of the
2731      Securities Exchange Act of 1934, 15 U.S.C. s. 78o(d);
2732              3.      Engages on behalf of any party in a transaction
2733      involving a public shell company;
2734              4.      Is subject to a suspension or revocation of
2735      registration under s. 15(b)(4) of the Securities Exchange Act of
2736      1934, 15 U.S.C. s. 78o(b)(4);
2737              5.      Is subject to a statutory disqualification described in
2738      s. 3(a)(39) of the Securities Exchange Act of 1934, 15 U.S.C. s.
2739      78c(a)(39);
2740              6.      Is subject to a disqualification under the Unit ed
2741      States Securities and Exchange Commission Rule 506(d), 17 C.F.R.
2742      s. 230.506(d); or
2743              7.      Is subject to a final order described in s. 15(b)(4)(H)
2744      of the Securities Exchange Act of 1934, 15 U.S.C. s.
2745      78o(b)(4)(H).
2746              Section 23.             Subsection (6) of section 517.1201, Florida
2747      Statutes, is amended to read:
2748              517.1201           Notice filing requirements for federal covered
2749      advisers.—
2750              (6)         All fees collected under this section become the

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          PCS for HB 311                              ORIGINAL                                                  2024



2751      revenue of the state, except for those assessments provided for
2752      under s. 517.131(2) s. 517.131(1) until such time as the
2753      Securities Guaranty Fund satisfies the statutory limits, and are
2754      not returnable in the event that a notice filing is withdrawn.
2755              Section 24.             Subsections (4) and (8) of section 517.1202,
2756      Florida Statutes, are amended to read:
2757              517.1202           Notice-filing requirements for branch offices.—
2758              (4)         A branch office notice-filing under this section shall
2759      be summarily suspended by the office if the notice-filer fails
2760      to provide to the office, within 30 days after a written request
2761      by the office, all of the information required by this section
2762      and the rules adopted under this section. The summary suspension
2763      shall be in effect for the branch office until such time as the
2764      notice-filer submits the requested information to the office,
2765      pays a fine as prescribed by s. 517.191(9) s. 517.221(3), and a
2766      final order is entered. At such time, the suspension shall be
2767      lifted. For purposes of s. 120.60(6), failure to provide all
2768      information required by this section and the underlying rules
2769      constitutes immediate and serious danger to the public health,
2770      safety, and welfare. If the notice-filer fails to provide all of
2771      the requested information within a period of 90 days, the
2772      notice-filing shall be revoked by the office.
2773              (8)         All fees collected under this section become the
2774      revenue of the state, except for those assessments provided for
2775      under s. 517.131(2) s. 517.131(1) until such time as the

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          PCS for HB 311                             ORIGINAL                                                  2024



2776      Securities Guaranty Fund satisfies the statutory limits, and are
2777      not returnable in the event that a branch office notice-filing
2778      is withdrawn.
2779              Section 25.            Subsection (2) of section 517.302, Florida
2780      Statutes, is amended to read:
2781              517.302        Criminal penalties; alternative fine; Anti -Fraud
2782      Trust Fund; time limitation for criminal prosecution. —
2783              (2)         Any person who violates s. 517.301 the provisions of
2784      s. 517.312(1) by obtaining money or property of an aggregate
2785      value exceeding $50,000 from five or more persons is guilty of a
2786      felony of the first degree, punishable as provided in s.
2787      775.082, s. 775.083, or s. 775.084.
2788              Section 26.            This act shall take effect October 1, 2024.




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                    INSURANCE & BANKING SUBCOMMITTEE

                         PCS for HB 311 by Rep. Barnaby
                                   Securities

                             AMENDMENT SUMMARY
                                January 18, 2024

Amendment 1 by Rep. Barnaby (Line 356): The amendment makes technical changes.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 311    (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative Barnaby offered the following:
 4
 5          Amendment
 6          Remove lines 356-369 and insert:
 7          (a)     No person shall directly or indirectly offer or sell
 8     securities, other than general obligation bonds, under this
 9     subsection if the issuer or guarantor is in default or has been
10     in default any time after December 31, 1975, as to principal or
11     interest:
12          1.(a)     With respect to an obligation issued by the issuer
13     or successor of the issuer; or
14          2.(b)     With respect to an obligation guaranteed by the
15     guarantor or successor of the guarantor,
16
     PCS for HB 311 a1
      Published On: 1/17/2024 6:11:22 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 311   (2024)
       Amendment No. 1


17     except by an offering circular containing a full and fair
18     disclosure as prescribed by rule of the commission.
19          (b)   Paragraph (a) applies to a security that is an
20     industrial or commercial development bond if payments are




     PCS for HB 311 a1
      Published On: 1/17/2024 6:11:22 PM
                                  Page 2 of 2
PCS for HB 939
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 939 Consumer Protection
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Insurance & Banking Subcommittee                                       Fortenberry        Lloyd


                                                     SUMMARY ANALYSIS
The bill makes changes related to consumer protection, including:
    Form 1099-K Reporting Requirements: third-party settlement organizations, like PayPal or Apple Pay, that
         conduct transactions involving a payee with a Florida address must create a method for payees to identify
         transactions for goods and services and report that information to the Florida Department of Revenue.
    State Agency Contracts: prohibits a state agency from entering into a contract or agreement with an entity
         that advises censorship or blacklisting of news sources based on subjective criter ia or political biases with
         the stated goal of fact-checking or removing misinformation.
    Mobile Home Titles: revises the criteria for retirement of a mobile home title by the Department of Highway
         Safety and Motor Vehicles (DHSMV) to include retiring the title when there is a recorded mortgage against
         the owner’s mobile home and real property; also makes the retirement of mobile home titles by DHSMV
         mandatory rather than permissive.
    Contracts for Roof Repairs Following Emergencies: requires that a contractor that enters into a contract
         to replace or repair the roof of a residential property during a declared state of emergency include specific
         language in the contract that allows the property owner to cancel the contract by the earl ier of ten days
         following execution or the official start date that the work on the roof will commence; the property owner
         must send notice of cancellation by certified mail or another form that provides proof of mailing.
    Depository Institutions: expands the definition of depository institution in commercial financing disclosure
         law.
    Continuing Education Requirements for Certified Public Accountants: requires that the certified public
         accountant (CPA) that prepares the audit that an insurer submits to the Office of Insurance Regulation as
         part of its annual report must have completed at least four hours of insurance -related continuing education
         during each two-year continuing education cycle.
    Public Adjusters: requires that public adjusters’ contracts for property and casualty claims contain the
         license numbers of the public adjusting firms by which they are employed; establishes that restrictions on
         public adjuster compensation apply to coverages provided by condominium associations, cooperative
         associations, apartment buildings, and similar policies, including those that cover the common elements of a
         homeowners’ association.
    Short-term Health Insurance: updates the disclosures that must be provided to a purchaser of a short -term
         plan; also requires that purchasers of short-term plans receive the required disclosures in writing or
         electronically, and sign them.
    Loss Assessment Coverage: establishes that a claim resulting from a loss assessment is considered to
         have occurred on the date that condominium association sends a loss assessment notice to a unit owner.
    Fireworks Safety Standards: updates the state standards for outdoor display of fireworks to the current
         edition of the National Fire Protection Association 1123, Code for Fireworks Dis plays.

The bill has no impact on local government revenues or expenditures or state revenues. It may have an
indeterminate negative impact on state expenditures, and a positive or negative impact on the private sector.

The bill is effective on July 1, 2024.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0939.IBS
DATE: 1/16/2024
                                                      FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Form 1099-K Reporting Requirements

        Background

        Section 6050W of the Internal Revenue Code requires certain entities to file a return each year
        providing information about payments made by credit card or third-party merchants.1 The return is Form
        1099-K, and is required to be filed for each calendar year on or before the last day of February of the
        year following the transactions.2

        Reportable transactions include any transaction where the payment method is a payment card (credit
        card, debit card, or similar) or a third-party payment system (like PayPal or Apple Pay). The return is
        filed by the payment settlement entity (e.g., a bank, credit card company, or payment platform like
        PayPal) and a copy is provided to dealers who have payment card transactions (credit card sales) of
        any amount, or who have third-party payment transactions (e.g., PayPal) in excess of $20,000 over
        more than 200 transactions.3 These sales should be included in the payee’s gross income on their tax
        returns for the year.

        Some states require payment settlement entities to submit a copy of any Form 1099-K related to sales
        in that state or for residents of that state, if the IRS already requires the Form 1099-K to be filed.
        Examples include Alabama,4 Tennessee,5 North Carolina,6 and New York.7

        Since 2020, entities required to file Form 1099-K with the federal government must also file a copy with
        the Florida Department of Revenue (DOR) electronically within 30 days of filing the federal return.8 The
        copy can be either the exact information filed on the full federal return, or a copy of the information
        limited to participating payees with an address in Florida. 9

        Effect of the Bill

        The bill provides that for the purposes of complying with a reporting requirement to the Florida
        Department of Revenue, third-party settlement organizations that conduct transactions involving a
        participating payee with an address in Florida to create a method for payees to identify whether their
        transactions are for goods and services or personal purposes. This will allow taxable transactions
        related to goods and services to be readily identifiable and help avoid overpayment or underpayment of
        taxes. The information submitted to DOR in Form 1099-K must be limited to transactions identified for
        goods and services.




1 26 U.S. Code s. 6050W(e).
2 https://www.irs.gov/forms-pubs/about -form-1099-k  (last visited Jan. 15, 2024).
3 https://www.irs.gov/businesses/understanding -your-form-1099-k     (last visited Jan. 15, 2024).
4 https://www.revenue.alabama. gov/new-1099-k -filing-requirement/ (last visited Jan. 15, 2024).
5 https://www.tn.gov/content/dam/tn/revenue/documents/notices/sales/sales 16-01.pdf (last visited Jan. 15, 2024).
6 https://www.ncdor.gov/file-pay/guidance-information-reporting#payment-settlement-entity-(1099k ) (last visited Jan. 15,

2024).
7 https://www.tax.ny.gov/bus/multi/reporting_requiremts.htm (last visited Jan. 15, 2024).
8 s. 212.134, F.S.
9 s. 212.134(1), F.S.
STORAGE NAME: pcs0939.IBS                                                                                           PAGE: 2
DATE: 1/16/2024
        State Agency Contracts

        Background

        Chapter 286, F.S., contains requirements for, and prohibitions on, state agencies entering into
        contracts or other agreements with various private entities. It also prohibits the use of state funds for
        certain purposes.10

        Over the past several years, a multitude of companies whose stated purpose is to rate the credibility
        and transparency of news sources and counter misinformation have been established. These include
        NewsGuard,11 AdFontes Media,12 and Cyabra.13 Among other things, subscribers to these services may
        rely on them when considering where to place advertisements or in other business decision-making.
        There does not appear to be any current state contracts with these entities. 14

        Effect of the Bill

        The bill prohibits a state agency from entering into a contract or another agreement with an entity that
        advises censorship or blacklisting of news sources based on subjective criteria or political biases with
        the stated goal of fact-checking or removing misinformation.15

        Mobile Home Titles

        Background

        Florida law contains a process by which the owner of a mobile home that is permanently affixed to real
        property owned by the same person may permanently retire the title to the mobile home that is issued
        by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). 16 The title may be retired if
        the owner of the real property records the following documents in the official records of the clerk of
        court in the county in which the real property is located:
             Original title to the mobile home, including a description of the mobile home with the model,
                year, make, width, length and vehicle identification number, and a statement from any recorded
                lienholder on the title that the lien has been released or will be released upon retirement of the
                title;
             A legal description of the real property and a copy any lease agreements for that real property;
                and
             A sworn statement by the owner of the real property, as shown on the deed or lease, that he or
                she is the owner of the mobile home and that the mobile home is permanently affixed to the real
                property.17

        A mobile home whose title has been retired shall be conveyed by deed or real estate contract and
        transferred with the property to which it is affixed.18

10 See, e.g., ss. 286.31 and 286.311, F.S.
11 NewGuard’s    website states that it “provides transparent tools to counter misinformation for readers, brands, and
democracies. NewsGuard, About NewsGuard, https://www.newsguardtech.com/about-newsguard/ (last visited Jan. 15,
2024).
12 AdFontes Media advertises that it helps users “know the reliability and bias of the news” and is the “home of the media

bias chart,” a trademarked tool for evaluating the news. AdFontes Media, https://adfontesmedia.com/ (last visited Jan. 15,
2024).
13 Cyabra “uncovers threats to…[companies, products,] people and places by exposing malicious actors, disinformation,

and bot networks.” Cyabra, https://cyabra.com/ (last visited Jan. 15, 2024).
14 See Department of Financial Services, My Florida Mark et Place Vendor Search,
15 This prohibition would apply to entities like NewsGuard and its competitors.
16 S. 319.261, F.S. For a typical “stick-built” home a deed transfers title from one owner to another. However, a mobile

home generally has a Certificate of Title issued by the DHSMV. See, e.g., Lee County Tax Collector, Mobile Home Titles
and Registrations, https://leetc.com/mobile-home-titles-and-
registrations/#:~:text=Proof%20of%20ownership% 20to% 20a,the%20title%20has%20been%20retired. (last visited Jan.
15, 2024).
17 S. 319.261(2),F.S.
STORAGE NAME: pcs0939.IBS                                                                                          PAGE: 3
DATE: 1/16/2024
         Effect of the Bill

         The bill adds an alternative to the current retirement criteria. It authorizes the DHSMV to retire the title
         of a mobile home by when there is a recorded mortgage against the owner’s mobile home and real
         property. Adding this criteria may provide mobile home owners with access to more lenders that are
         willing to provided mortgages for mobile homes by consolidating proof of ownership into a single
         document, i.e., the deed, rather than the deed and a mobile home title.

         The bill also makes the retirement of mobile home titles by the DHSMV mandatory rather than
         permissive.

         Contracts for Roof Repairs Following Emergencies

         Background

         The Florida Office of Insurance Regulation (OIR) reported a significant increase in the number of roof
         damage claims, many of which include litigation.19 These roof damage claims include claims made by
         residential property owners after being solicited to file an insurance claim that they may not otherwise
         have filed but for the promise of a new roof at no cost to the property owner.20 As such, the Legislature
         limited certain insurance practices by contractors and unlicensed persons acting on their behalf. 21

         A contractor may not enter into a contract with a residential property owner to repair or replace a roof
         without including notice in the contract that the contractor is prohibited from engaging in certain acts,
         including the interpretation of policy provisions, adjusting a claim without being licensed as a public
         adjuster, or failing to provide an insured with an itemized estimate for repairs.22 If the contractor fails to
         include the notice in the contract, the property owner may void the contract within 10 days of its
         execution.23 However, current law does not provide any requirements regarding cancellation of a
         contract executed during a declared state of emergency.

         Effect of the Bill

         The bill requires that a contractor that enters into a contract to replace or repair the roof of a residential
         property during a declared state of emergency must include specific language in the contract that
         allows the residential property owner to cancel the contract by the earlier of:
              Ten days following the contract execution; or
              The official start date that the work on the roof will commence.

         If the contract does not contain an official start date, it may be canceled within ten days following
         execution.

         The bill requires that the residential property owner send notice of cancellation of such contract to the
         address specified in the contract by certified mail, return receipt requested, or another form of mailing
         that provides proof of mailing.




18 S. 319.261(5),   F.S.
19 Report from David Altmaier, Florida Insurance Commissioner, to Chair Blaise Ingoglia, Commerce Committee, regarding cost drivers

affecting Florida’s insurance rates, p. 7 (Feb. 24, 2021).
20 Id. A “free” roof replacement may be achieved by giving a residen tial property owner whose policy provides for replacement cost

coverage for a roof a gift card or something else valued at the amount of the deductible under the policy so that the entire cost of a new
roof is paid by the insurer and the individual soliciting the residential property owner.
21 See ch. 2021-77,     Laws of Fla.
22 S. 489.147,   F.S.
23 Id.
STORAGE NAME: pcs0939.IBS                                                                                                         PAGE: 4
DATE: 1/16/2024
         Depository Institutions

         Background

         In 2023, the Legislature enacted a definition of depository institution for commercial financing
         disclosure,24 which defines such institutions as Florida state-chartered bank, savings banks, credit
         unions, or trust companies, or federal savings or thrift associations, banks, credit unions, savings bank
         or thrift.25 This statutory definition inadvertently excluded certain types of state-chartered banks.

         Effect of the Bill

         The bill changes the definition of depository institution in ch. 559, part XIII, F.S., to a more
         comprehensive definition that includes banks, credit unions, savings banks, savings and loan
         associations, savings or thrift associations, trust companies, or industrial loan companies doing
         business under the authority of the United States, Florida, or any other state, district, territory or
         commonwealth of the United States that is authorized to do business in Florida.

         Continuing Education Requirements for Certified Public Accountants

         Background

         Every insurer authorized to do business in Florida must file an annual financial statement with OIR on
         or before March 1, and quarterly financial statements on March 31, June 30, and September 30. 26 Such
         statements must conform with the requirements established by the National Association of Insurance
         Commissioners, which OIR adopts by rule.27 As part of the annual statement, all authorized insurers
         must have an annual audit conducted by an independent certified public accountant (CPA) and must
         file an audited financial report by June 1 each year.28

         All CPAs licensed in Florida are required to complete 80 hours of continuing education during the two
         years prior to the conclusion of each license-renewal cycle.29 However, there are no requirements
         regarding the completion of any continuing education related to audits of insurance companies.

         Effect of the Bill

         The bill requires that the CPA that prepares the audit that an insurer submits to OIR as part of its
         annual report must have completed at least four hours of insurance-related continuing education during
         each two-year continuing education cycle.

         Public Adjusters

         Background

         Florida law defines a public adjuster as someone who, for something of value, directly or indirectly,
         prepares, completes, or files an insurance claim for an insured or third-party claimant, or who, for
         something of value, acts on behalf of, or aids, an insured or third-party claimant in settling a claim for
         loss or damage covered by an insurance contract, or who advertises for employment as an adjuster of
         such claims.30 In general, a claimant executes a contract for the public adjuster to provide claims
         adjusting services.31


24 The commercial financing disclosure law is ch. 559, part XIII,   F.S.
25 S. 559.9611,  F.S.
26 S. 624.424(1), F.S.
27 S. 624.424(1), F.S., and R. 69O-137, F.A.C.

28 S. 624.424(8),F.S.
29 S. 473.312, F.S. CPAs are licensed under ch. 473, F.S., and must renew their licenses every two years.
30 S. 626.854, F.S. Public adjusters are regulated under ch. 626, part VI, F.S.
31 See id.
STORAGE NAME: pcs0939.IBS                                                                                         PAGE: 5
DATE: 1/16/2024
        Public adjusters’ contracts relating to property and casualty claims must contain the full name,
        permanent business address, phone number, email address, and license number of the public adjuster;
        and the full name of the public adjusting firm for whom the public adjuster works. 32 However, such
        contracts are not required to contain the license number of the public adjusting firm.

        Current law allows the following payments or commissions payable to a public adjuster:
              One percent of the amount of the insurance claim payments or settlements that an insurer pays
               to an insured for any coverage under the policy where the claim payment or insurer’s agreement
               to pay is equal to or greater than the policy limit for that part of the policy, if the payment or
               written agreement to pay is provided by the latter of:
                   o Fourteen days after the date of loss; or
                   o Ten days after the date that the public adjusting contract is signed.
              No fees or commission when the payment or agreement to pay by the insurer to the insured
               occurs before the date that the public adjusting contract is signed. 33

        Effect of the Bill

        The bill requires that public adjusters’ contracts relating to property and casualty claims contain the
        license numbers of the public adjusting firms by which they are employed.

        The bill also establishes that restrictions on public adjusters’ compensation apply to coverages provided
        by condominium associations, cooperative associations, apartment buildings, and similar policies,
        including those that cover the common elements of a homeowners’ association.

        Short-term Health Insurance (short-term plans)

        Background

        Short-term plans are a health insurance product purchased only for limited time periods, usually under
        one year, during periods of transition, such as unemployment. 34 Beginning in 2016, federal rules related
        to the Patient Protection and Affordable Care Act (PPACA) limited short-term health plans to no more
        than three months.35 In 2018, the Trump administration adopted a rule that allows short-term health
        plans to be issued for a period of up to 12 months.36 The new rule also allows the plans to be renewed
        upon expiration, up to a total coverage period of 36 months. Short-term plans are not subject to the
        following PPACA requirements:
              Coverage of essential health benefits.
              Prohibition on pre-existing conditions.37
              Guaranteed issue of coverage.

        As with Association Health Plans (AHPs), the authority to regulate short-term plans remains with the
        state. In response to the 2018 Department of Labor rules on AHPs and short-term health plans, the
        Legislature passed SB 322 (2019).38 The law allows employers from disparate trades to participate in a
        single AHP, if they are located in the state, and allows AHPs to include out-of-state employers who
        share a trade or purpose, consistent with the revised federal rules. 39 Following the federal rule for short
        term plans, the law allows them to be issued for up to 12 months, renewable for a total coverage period

32 S. 626.8796(2),   F.S.
33 S. 626.854(11),   F.S.
34 See s. 627.6426, F.S.; Florida Department of Financial Services, Short-term Limited Duration Insurance,

https://www.myfloridacfo.com/division/consumers/consumerprotections/s tldipolicies (last visited Jan. 15, 2024).
35 National Association of Insurance Commissioners, Short-term Limited-duration Health Plans,

https://content.naic.org/cipr-topics/short-term-limited-duration-health-
plans#:~:text=Federal%20regulations%20(81%20FR% 2075316,replacement%20for%20traditional%20health%20coverag
e. (last visited Jan. 15, 2024).
36 Id.
37 Id.
38 Ch. 2019-129, Laws of Fla.
39 Id.
STORAGE NAME: pcs0939.IBS                                                                                    PAGE: 6
DATE: 1/16/2024
         of 36 months.40 In practice, this change allows individuals to purchase short-term health insurance
         during longer periods of transition. Both changes increase the availability of lower-cost alternatives to
         comprehensive coverage.

         All short-term plans must include disclosures to the purchaser explaining that the plan is not required to
         comply with certain federal requirements and may exclude certain coverage. 41 However, the law does
         not specify the method by which these disclosures must be provided.

         Effect of the Bill

         The bill updates the disclosures that must be provided to a purchaser of a short-term plan to include the
         following additional items:
               The duration of the plan, including any waiting period;
               Any essential health benefits that the plan does not provide;42
               The content of coverage; and
               Any exclusions of preexisting conditions.

         The bill also requires that purchasers of short-term plans receive the required disclosures in writing or
         electronically, and sign them.

         Loss Assessment Coverage

         Background

         Loss assessment coverage is insurance coverage for condominium unit owners that provides
         protection for situations where the owner of a condominium unit, as the owner of shared property, is
         held financially responsible for:
              Deductibles owed when a claim is made under a condominium association’s property insurance
                 policy;
              Damage that occurs to the condominium building or the common areas of a condominium
                 property; or
              Injuries that occur in the common areas of a condominium property. 43

         Florida law requires that property insurance policies held by condominium unit owners include a
         minimum property loss assessment coverage of $2,000 for all assessments made because of the same
         direct loss to the condominium property.44 The law further establishes that the maximum amount of any
         unit owner’s coverage that can be assessed for any loss is an amount equal to the unit owner’s loss
         assessment coverage limit in effect one day before the date of an occurrence that gave rise to the
         loss.45 This coverage is applicable to any loss assessment regardless of the date of assessment by a
         condominium association.46

         Effect of the Bill

         The bill establishes that a claim resulting from a loss assessment is considered to have occurred on the
         date a notice of loss assessment is sent by a condominium association to a unit owner. Establishing a
         date of loss for such claims will help insurers determine whether a loss assessment claim has been
         timely made.

         Fireworks Safety Standards

40
41 S. 627.6426(2),   F.S.
42 Essential health benefits can be found in 42 U.S.C. § 18022(b).
43
   The Balance, Loss Assessment Explained for Condo Insurance, https://www.thebalance.com/loss-assessment-explained-for-condo-
insurance-4060435 (last visited Jan. 13, 2024).
44 S. 627.714(1), F.S.
45 S. 627.714(2), F.S.

46 Id.
STORAGE NAME: pcs0939.IBS                                                                                              PAGE: 7
DATE: 1/16/2024
        Background

        Florida law establishes the requirements for the outdoor display of fireworks in the state. At present,
        such display of fireworks is controlled by the 1995 edition of the National Fire Protection Association
        1123, Code for Fireworks Displays (Code).47

        Effect of the Bill

        The bill updates the outdoor fireworks safety standards in Florida to the 2018 Code, which is the most
        current edition of the code.

    B. SECTION DIRECTORY:

        Section 1. Amends s. 212.134, F.S., relating to information returns relation to payment-card and third-
                   party network transactions.

        Section 2. Creates s. 286.312, F.S. relating to prohibited use of state funds; censorship or blacklisting
                   of news sources.

        Section 3. Amends s. 319.261, F.S., relating to real property transactions; retiring title to mobile home.

        Section 4. Amends s. 489.147, F.S., relating to prohibited property insurance practices.

        Section 5. Amends s. 559.9611, F.S., relating to definitions.

        Section 6. Amends s. 624.424, F.S., relating to annual statement and other information.

        Section 7. Amends s. 626.854, F.S., relating to “public adjuster” defined; prohibitions.

        Section 8. Amends s. 626.8796, F.S., relating to public adjuster contracts; disclosure statement; fraud
                   statement.

        Section 9. Amends s. 627.6426, F.S., relating to short-term health insurance.

        Section 10. Amends s. 627.70132, F.S., relating to notice of property insurance claims.

        Section 11. Amends s. 791.012, F.S., relating to minimum fireworks safety standards.

        Section 12. Provides an effective date of July 1, 2024.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:

            The bill may have an indeterminate negative impact on state expenditures if state agencies are
            required to update systems or hire additional staff to implement the statutory changes made by the
            bill.



47 S. 791.012,F.S. The Code cited in this statute has not been updated since this statute was first enacted in 1996.
STORAGE NAME: pcs0939.IBS                                                                                              PAGE: 8
DATE: 1/16/2024
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill may have an indeterminate positive impact on those condominium associations, cooperative
       associations, apartment communities, and homeowners associations that contract for the services of
       public adjusters because they may not have to pay as much compensation to the public adjusters for
       services rendered. Correspondingly, the bill may have an indeterminate negative impact on public
       adjusters.

   D. FISCAL COMMENTS:

       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

         The use of the word advise in section 2 of the bill regarding limitations on state contracting is
         confusing. It is unclear whether an agency is prohibited from entering a contract with an entity that
         advises others on censorship and blacklisting, or is prohibited only from entering into a contract with
         an entity for such services to be provided to the agency. The way the language is written, it is
         possible that an agency could enter into a contract with such an entity for another service besides
         censorship and blacklisting. An amendment may clarify the intent.

         The censorship or blacklisting of news materials could have first amendment implications.
         Additionally, there could be invalid delegation of legislative authority because the interpretation of
         censorship and blacklisting would be left up to the contracting state agency without any guidelines or
         rulemaking authority.

   B. RULE-MAKING AUTHORITY:

       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

   Section 2 (Lines 97-102): The use of the word advise in section 2 of the bill regarding limitations on state
   contracting is confusing. It is unclear whether an agency is prohibited from entering a contract with an
   entity that advises others on censorship and blacklisting, or is prohibited only from entering into a contract
   with an entity for such services to be provided to the agency. The way the language is written, it is possible
   that an agency could enter into a contract with such an entity for another service besides censorship and
   blacklisting. An amendment may clarify the intent.
STORAGE NAME: pcs0939.IBS                                                                                  PAGE: 9
DATE: 1/16/2024
                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0939.IBS                                                 PAGE: 10
DATE: 1/16/2024
F   L     O    R   I   D    A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           PCS for HB 939                             ORIGINAL                                                  2024




    1                                         A bill to be entitled
    2              An act relating to consumer protection; amending s.
    3              212.34, F.S.; defining terms; revising requirements
    4              for payment settlement entities, or their electronic
    5              payment facilitators or contracted third parties, in
    6              submitting information returns to the Department of
    7              Revenue; specifying requirements for third party
    8              settlement organizations that conduct certain
    9              transactions; creating s. 286.312, F.S.; prohibiting
10                 agencies from entering into certain contracts or
11                 agreements; amending s. 319.261, F.S.; requiring the
12                 title to a mobile home to be retired if the owner of
13                 the real property records certain documents in the
14                 official records of the clerk of court in the county
15                 in which the real property is located; amending s.
16                 489.147, F.S.; requiring contractors to include a
17                 notice in the contracts with residential property
18                 owners under certain circumstances; proving
19                 requirements for notices of contract cancellation;
20                 amending s. 559.9611, F.S.; revising the definition of
21                 the term "depository institution"; amending s.
22                 624.424, F.S.; providing requirements for certain
23                 insurers' accountants; amending s. 626.854, F.S.;
24                 revising applicability of provisions relating to
25                 public adjusters; amending s. 626.8796, F.S.; revising

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26              the content of certain public adjuster contracts;
27              amending s. 627.6426, F.S.; revising the disclosure
28              requirements of contracts for short-term health
29              insurance; amending s. 627.70132, F.S.; providing that
30              claims resulting from certain loss assessments are
31              considered to have occurred on a specified date;
32              amending s. 791.012, F.S.; updating the source of the
33              code for outdoor display of fireworks; providing an
34              effective date.
35
36      Be It Enacted by the Legislature of the State of Florida:
37
38              Section 1.          Section 212.134, Florida Statutes, is amended
39      to read:
40              212.134         Information returns relating to payment-card and
41      third-party network transactions.—
42              (1)          For purposes of this section, the term:
43              (a)          "Participating payee" has the same meaning as in s.
44      6050W of the Internal Revenue Code.
45              (b)          "Return" or "information return" means IRS Form 1099-K
46      required under s. 6050W of the Internal Revenue Code.
47              (c)          "Third party network transaction" has the same meaning
48      as in s. 6050W of the Internal Revenue Code.
49              (d)          "Third party settlement organization" has the same
50      meaning as in s. 6050W of the Internal Revenue Code.

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51              (2)          For each year in which a payment settlement entity, an
52      electronic payment facilitator, or other third party contracted
53      with the payment settlement entity to make payments to settle
54      reportable payment transactions on behalf of the payment
55      settlement entity must file a return pursuant to s. 6050W of the
56      Internal Revenue Code, for participating payees with an address
57      in this state, the entity, the facilitator, or the third party
58      must submit the information in the return to the department by
59      the 30th day after filing the federal return. The format of the
60      information returns required must be either a copy of such
61      information returns or a copy of such information returns
62      related to participating payees with an address in the state.
63      For purposes of this subsection, the term "payment settlement
64      entity" has the same meaning as provided in s. 6050W of the
65      Internal Revenue Code.
66              (3)(2)         All reports of returns submitted to the department
67      under this section must be in an electronic format.
68              (4)(3)         Any payment settlement entity, facilitator, or
69      third party failing to file the information return required,
70      filing an incomplete information return, or not filing an
71      information return within the time prescribed is subject to a
72      penalty of $1,000 for each failure, if the failure is for not
73      more than 30 days, with an additional $1,000 for each month or
74      fraction of a month during which each failure continues. The
75      total amount of penalty imposed on a reporting entity may not

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 76      exceed $10,000 annually.
 77              (5)(4)         The executive director or his or her designee may
 78      waive the penalty if he or she determines that the failure to
 79      timely file an information return was due to reasonable cause
 80      and not due to willful negligence, willful neglect, or fraud.
 81              (6)          All third party settlement organizations that conduct
 82      transactions involving a participating payee with an address in
 83      this state shall create a mechanism for participating payees to
 84      identify whether a participating payee's transaction is for
 85      goods and services or is personal. The mechanism must clearly
 86      indicate the participating payee's requirement to indicate the
 87      appropriate transaction type. The participating payee is
 88      responsible for indicating the appropriate transaction type. All
 89      third party settlement organizations shall maintain records that
 90      clearly identify whether a transaction, as designated by the
 91      participating payee, is a transaction for goods and services or
 92      is personal. The information in the return submitted to the
 93      department under subsection (2) for such entities must be
 94      limited to transactions for goods and services.
 95              Section 2.              Section 286.312, Florida Statutes, is created
 96      to read:
 97              286.312         Prohibited use of state funds; censorship or
 98      blacklisting of news sources.—An agency may not enter into a
 99      contract or other agreement with an entity whose function is to
100      advise the censorship or blacklisting of news sources based on

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101      subjective criteria or political biases under the stated goal of
102      fact-checking or removing misinformation.
103              Section 3.          Subsection (2) of section 319.261, Florida
104      Statutes, is amended to read:
105              319.261         Real property transactions; retiring title to
106      mobile home.—
107              (2)          The title to the mobile home shall may be retired by
108      the department if the owner of the real property records the
109      following documents in the official records of the clerk of
110      court in the county in which the real property is located:
111              (a)1.         The original title to the mobile home which includes
112      shall include a description of the mobile home, including model
113      year, make, width, length, and vehicle identification number,
114      and a statement by any recorded lienholder on the title that the
115      security interest in the home has been released, or that such
116      security interest will be released upon retirement of the title
117      as set forth in this section;.
118              2.(b)         The legal description of the real property, and in
119      the case of a leasehold interest, a copy of the lease agreement ;
120      and.
121              3.(c)         A sworn statement by the owner of the real property,
122      as shown on the real property deed or lease, that he or she is
123      the owner of the mobile home and that the home is permanently
124      affixed to the real property in accordance with state law; or
125      (b)     A mortgage against the owner's mobile home and real

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126      property.
127              Section 4.          Subsection (6) is added to section 489.147,
128      Florida Statutes, to read:
129              489.147         Prohibited property insurance practices; contract
130      requirements.—
131              (6)(a) An insured or claimant may cancel a contract to
132      replace or repair a roof without penalty or obligation until 10
133      days following the execution of the contract or until the
134      official start date, whichever comes first, if the contract was
135      entered into based on events that are the subject of a
136      declaration of a state of emergency by the Governor. For the
137      purposes of this subsection, the official state date is the date
138      on which the work on the roof will be commenced.
139              (b)          A contractor executing during a declaration of a state
140      of emergency a contract to replace or repair a roof of a
141      residential property must include in the contract the following
142      language in bold type of not less than 18 points immediately
143      before the space reserved for the signature of the residential
144      property owner:
145
146      "You, the residential property owner, may cancel this contract
147      without penalty or obligation until 10 days following the
148      execution of the contract or until the official start date,
149      whichever comes first, because this contract was entered into
150      during a declaration of a state of emergency by the Governor. It

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151      is the responsibility of your contractor to include an official
152      start date clause in your contact. This clause must state the
153      official start date and the work that will be commenced on that
154      date. If there is no official start date clause in the contract,
155      the contract may be voided within 10 days following the
156      execution of the contract."
157
158              (b)          The residential property owner must send the notice of
159      cancellation by certified mail, return receipt requested, or
160      other form of mailing that provides proof thereof, at the
161      address specified in the contract.
162              Section 5.           Subsection (9) of section 559.9611, Florida
163      Statutes, is amended to read:
164              559.9611            Definitions.—As used in this part, the term:
165              (9)          "Depository institution" means a bank, credit union,
166      savings bank, savings and loan association, savings or thrift
167      association, trust company, or industrial loan company doing
168      business under the authority of, or in accordance with, a
169      license, certificate, or charter issued by the United States,
170      this state, or any other state, district, territory, or
171      commonwealth of the United States which is authorized to
172      transact business in this state Florida state-chartered bank,
173      savings bank, credit union, or trust company, or a federal
174      savings or thrift association, bank, credit union, savings b ank,
175      or thrift.

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176              Section 6.          Paragraph (d) of subsection (8) of section
177      624.424, Florida Statutes, is amended to read:
178              624.424         Annual statement and other information.—
179              (8)
180              (d)          The certified public accountant that prepares the
181      audit must be licensed to practice pursuant to chapter 473 and
182      must have completed at least 4 hours of insurance-related
183      continuing education during each two-year continuing education
184      cycle. An insurer may not use the same accountant or partner of
185      an accounting firm responsible for preparing the report required
186      by this subsection for more than 5 consecutive years. Following
187      this period, the insurer may not use such accountant or partner
188      for a period of 5 years, but may use another accountant or
189      partner of the same firm. An insurer may request the office to
190      waive this prohibition based upon an unusual hardship to the
191      insurer and a determination that the accountant is exercising
192      independent judgment that is not unduly influenced by the
193      insurer considering such factors as the number of partners,
194      expertise of the partners or the number of insurance clients of
195      the accounting firm; the premium volume of the insurer; and the
196      number of jurisdictions in which the insurer transacts business.
197              Section 7.          Subsection (19) of section 626.854, Flo rida
198      Statutes, is amended, and subsections (5) through (18) are
199      republished, to read:
200              626.854         "Public adjuster" defined; prohibitions.—The

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201      Legislature finds that it is necessary for the protection of the
202      public to regulate public insurance adjusters and to prevent the
203      unauthorized practice of law.
204              (5)          A public adjuster may not directly or indirectly
205      through any other person or entity solicit an insured or
206      claimant by any means except on Monday through Saturday of each
207      week and only between the hours of 8 a.m. and 8 p.m. on those
208      days.
209              (6)          When entering a contract for adjuster services after
210      July 1, 2023, a public adjuster:
211              (a)          May not collect a fee for services on payments made to
212      a named insured unless they have a written contract with the
213      named insured, or the named insured's legal representative.
214              (b)          May not contract for services to be provided by a
215      third party on behalf of the named insured or in pursuit of
216      settlement of the named insured's claim, if the cost of those
217      services is to be borne by the named insured, unless the named
218      insured agrees in writing to procure these services and such
219      agreement is entered into subsequent to the date of the contract
220      for public adjusting services.
221              (c)          If a public adjuster contracts with a third-party
222      service provider to assist with the settlement of the named
223      insured's claim, without first obtaining the insured's written
224      consent, payment of the third party's fees must be made by the
225      public adjuster and may not be charged back to the named

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226      insured.
227              (d)          If a public adjuster represents anyone other than the
228      named insured in a claim, the public adjuster fees shall be paid
229      by the third party and may not be charged back to the named
230      insured.
231              (7)          An insured or claimant may cancel a public adjuster's
232      contract to adjust a claim without penalty or obligation within
233      10 days after the date on which the contract is executed. If the
234      contract was entered into based on events that are the subject
235      of a declaration of a state of emergency by the Governor, an
236      insured or claimant may cancel the public adjuster's contract to
237      adjust a claim without penalty or obligation within 30 days
238      after the date of loss or 10 days after the date on which the
239      contract is executed, whichever is longer. The public adjuster's
240      contract must contain the following language in minimum 18-point
241      bold type immediately before the space reserved in the contract
242      for the signature of the insured or claimant:
243              "You, the insured, may cancel this contract for any reason
244      without penalty or obligation to you within 10 days after the
245      date of this contract. If this contract was entered into based
246      on events that are the subject of a declaration of a state of
247      emergency by the Governor, you may cancel this contract for any
248      reason without penalty or obligation to you within 30 days after
249      the date of loss or 10 days after the date on which the contract
250      is executed, whichever is longer. You may also cancel the

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251      contract without penalty or obligation to you if I, as your
252      public adjuster, fail to provide you and your insurer a copy of
253      a written estimate within 60 days of the execution of the
254      contract, unless the failure to provide the estimate within 60
255      days is caused by factors beyond my control, in accordance with
256      s. 627.70131(5)(a)2., Florida Statutes. The 60-day cancellation
257      period for failure to provide a written estimate shall cease on
258      the date I have provided you with the written estimate."
259      The notice of cancellation shall be provided to ...(name of
260      public adjuster)..., submitted in writing and sent by certified
261      mail, return receipt requested, or other form of mailing that
262      provides proof thereof, at the address specified in the
263      contract.
264              (8)          It is an unfair and deceptive insurance trade practice
265      pursuant to s. 626.9541 for a public adjuster or any other
266      person to circulate or disseminate any advertisement,
267      announcement, or statement containing any assertion,
268      representation, or statement with respect to the business of
269      insurance which is untrue, deceptive, or misleading.
270              (a)          The following statements, made in any public
271      adjuster's advertisement or solicitation, are considered
272      deceptive or misleading:
273              1.       A statement or representation that invites an insured
274      policyholder to submit a claim when the policyholder does not
275      have covered damage to insured property.

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276              2.       A statement or representation that invites an insured
277      policyholder to submit a claim by offering monetary or other
278      valuable inducement.
279              3.       A statement or representation that invites an insured
280      policyholder to submit a claim by stating that there is "no
281      risk" to the policyholder by submitting such claim.
282              4.       A statement or representation, or use of a logo or
283      shield, that implies or could mistakenly be construed to imply
284      that the solicitation was issued or distributed by a
285      governmental agency or is sanctioned or endorsed by a
286      governmental agency.
287              (b)          For purposes of this paragraph, the term "written
288      advertisement" includes only newspapers, magazines, flyers, and
289      bulk mailers. The following disclaimer, which is not required to
290      be printed on standard size business cards, must be added in
291      bold print and capital letters in typeface no smaller than the
292      typeface of the body of the text to all written advertisements
293      by a public adjuster:
294      "THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM
295      FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED
296      WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS
297      ADVERTISEMENT."
298              (9)          A public adjuster, a public adjuster apprentice, or
299      any person or entity acting on behalf of a public adjuster or
300      public adjuster apprentice may not give or offer to give a

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301      monetary loan or advance to a client or prospective client.
302              (10)         A public adjuster, public adjuster apprentice, or any
303      individual or entity acting on behalf of a public adjuster or
304      public adjuster apprentice may not give or offer to give,
305      directly or indirectly, any article of merchandise having a
306      value in excess of $25 to any individual for the purpose of
307      advertising or as an inducement to entering into a contract with
308      a public adjuster.
309              (11)(a)         If a public adjuster enters into a contract with
310      an insured or claimant to reopen a claim or file a supplemental
311      claim that seeks additional payments for a claim that has been
312      previously paid in part or in full or settled by the insurer,
313      the public adjuster may not charge, agree to, or accept from any
314      source compensation, payment, commission, fee, or any other
315      thing of value based on a previous settlement or previous claim
316      payments by the insurer for the same cause of loss. The charge,
317      compensation, payment, commission, fee, or any other thing of
318      value must be based only on the claim payments or settlements
319      paid to the insured, exclusive of attorney fees and costs,
320      obtained through the work of the public adjuster after entering
321      into the contract with the insured or claimant. Com pensation for
322      the reopened or supplemental claim may not exceed 20 percent of
323      the reopened or supplemental claim payment. In no event shall
324      the contracts described in this paragraph exceed the limitations
325      in paragraph (b).

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326              (b)          A public adjuster may not charge, agree to, or accept
327      from any source compensation, payment, commission, fee, or any
328      other thing of value in excess of:
329              1.       Ten percent of the amount of insurance claim payments
330      or settlements, exclusive of attorney fees and costs, paid to
331      the insured by the insurer for claims based on events that are
332      the subject of a declaration of a state of emergency by the
333      Governor. This provision applies to claims made during the year
334      after the declaration of emergency. After that year, the
335      limitations in subparagraph 2. apply.
336              2.       Twenty percent of the amount of insurance claim
337      payments or settlements, exclusive of attorney fees and costs,
338      paid to the insured by the insurer for claims that are not based
339      on events that are the subject of a declaration of a state of
340      emergency by the Governor.
341              3.       One percent of the amount of insurance claim payments
342      or settlements, paid to the insured by the insurer for any
343      coverage part of the policy where the claim payment or written
344      agreement by the insurer to pay is equal to or greater than the
345      policy limit for that part of the policy, if the payment or
346      written commitment to pay is provided within 14 days after the
347      date of loss or within 10 days after the date on which the
348      public adjusting contract is executed, whichever is lat er.
349              4.       Zero percent of the amount of insurance claim payments
350      or settlements, paid to the insured by the insurer for any

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351      coverage part of the policy where the claim payment or written
352      agreement by the insurer to pay occurs before the date on which
353      the public adjusting contract is executed.
354              (c)          Insurance claim payments made by the insurer do not
355      include policy deductibles, and public adjuster compensation may
356      not be based on the deductible portion of a claim.
357              (d)          Public adjuster compensation may not be based on
358      amounts attributable to additional living expenses, unless such
359      compensation is affirmatively agreed to in a separate agreement
360      that includes a disclosure in substantially the following form:
361      "I agree to retain and compensate the public adjuster for
362      adjusting my additional living expenses and securing payment
363      from my insurer for amounts attributable to additional living
364      expenses payable under the policy issued on my (home/mobile
365      home/condominium unit)."
366              (e)          Public adjuster rate of compensation may not be
367      increased based solely on the fact that the claim is litigated.
368              (f)          Any maneuver, shift, or device through which the
369      limits on compensation set forth in this subsection are exceeded
370      is a violation of this chapter punishable as provided under s.
371      626.8698.
372              (12)(a)         Each public adjuster must provide to the claimant
373      or insured a written estimate of the loss to assist in the
374      submission of a proof of loss or any other claim for payment of
375      insurance proceeds within 60 days after the date of the

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376      contract. The written estimate must include an itemized, per -
377      unit estimate of the repairs, including itemized information on
378      equipment, materials, labor, and supplies, in accordance with
379      accepted industry standards. The public adjuster shall retain
380      such written estimate for at least 5 years and shall make the
381      estimate available to the claimant or insured, the insurer, and
382      the department upon request.
383              (b)          An insured may cancel the contract with no additional
384      penalties or fees charged by the public adjuster if such an
385      estimate is not provided within 60 days after executing the
386      contract, subject to the cancellation notice requirement in this
387      section, unless the failure to provide the estimate within 60
388      days is caused by factors beyond the control of the public
389      adjuster. The cancellation period shall cease on the date the
390      public adjuster provides the written estimate to the insured.
391              (13)         A public adjuster, public adjuster apprentice, or any
392      person acting on behalf of a public adjuster or apprentice may
393      not accept referrals of business from any person with whom the
394      public adjuster conducts business if there is any form or manner
395      of agreement to compensate the person, directly or indirectly,
396      for referring business to the public adjuster. A public adjuster
397      may not compensate any person, except for another public
398      adjuster, directly or indirectly, for the principal purpose of
399      referring business to the public adjuster.
400              (14)         A company employee adjuster, independent adjuster,

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401      attorney, investigator, or other persons acting on behalf of an
402      insurer that needs access to an insured or claimant or to the
403      insured property that is the subject of a claim must provide at
404      least 48 hours' notice to the insured or claimant, public
405      adjuster, or legal representative before scheduling a meeting
406      with the claimant or an onsite inspection of the insured
407      property. The insured or claimant may deny access to the
408      property if the notice has not been provided. The insured or
409      claimant may waive the 48-hour notice.
410              (15)         The public adjuster must ensure that prompt notice is
411      given of the claim to the insurer, the public adjuster's
412      contract is provided to the insurer, the property is available
413      for inspection of the loss or damage by the insurer, and the
414      insurer is given an opportunity to interview the insured
415      directly about the loss and claim. The insurer must be allowed
416      to obtain necessary information to investigate and respond to
417      the claim.
418              (a)          The insurer may not exclude the public adjuster from
419      its in-person meetings with the insured. The insurer shall meet
420      or communicate with the public adjuster in an effort to reach
421      agreement as to the scope of the covered loss under the
422      insurance policy. The public adjuster shall meet or communicate
423      with the insurer in an effort to reach agreement as to the s cope
424      of the covered loss under the insurance policy. This section
425      does not impair the terms and conditions of the insurance policy

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         PCS for HB 939                              ORIGINAL                                                 2024




426      in effect at the time the claim is filed.
427              (b)          A public adjuster may not restrict or prevent an
428      insurer, company employee adjuster, independent adjuster,
429      attorney, investigator, or other person acting on behalf of the
430      insurer from having reasonable access at reasonable times to any
431      insured or claimant or to the insured property that is the
432      subject of a claim.
433              (c)          A public adjuster may not act or fail to reasonably
434      act in any manner that obstructs or prevents an insurer or
435      insurer's adjuster from timely conducting an inspection of any
436      part of the insured property for which there is a claim for loss
437      or damage. The public adjuster representing the insureds may be
438      present for the insurer's inspection, but if the unavailability
439      of the public adjuster otherwise delays the insurer's timely
440      inspection of the property, the public adjuster or the insureds
441      must allow the insurer to have access to the property without
442      the participation or presence of the public adjuster or insureds
443      in order to facilitate the insurer's prompt inspection of the
444      loss or damage.
445              (16)         A licensed contractor under part I of chapter 489, or
446      a subcontractor of such licensee, may not advertise, solicit,
447      offer to handle, handle, or perform public adjuster services as
448      provided in subsection (1) unless licensed and compliant as a
449      public adjuster under this chapter. The prohibition against
450      solicitation does not preclude a contractor from suggesting or

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         PCS for HB 939                             ORIGINAL                                                  2024




451      otherwise recommending to a consumer that the consumer consider
452      contacting his or her insurer to determine if the proposed
453      repair is covered under the consumer's insurance policy, except
454      as it relates to solicitation prohibited in s. 489.147. In
455      addition, the contractor may discuss or explain a bid for
456      construction or repair of covered property with the residential
457      property owner who has suffered loss or damage covered by a
458      property insurance policy, or the insurer of such p roperty, if
459      the contractor is doing so for the usual and customary fees
460      applicable to the work to be performed as stated in the contract
461      between the contractor and the insured.
462              (17)         A public adjuster shall not acquire any interest in
463      salvaged property, except with the written consent and
464      permission of the insured through a signed affidavit.
465              (18)         A public adjuster, a public adjuster apprentice, or a
466      person acting on behalf of an adjuster or apprentice may not
467      enter into a contract or accept a power of attorney that vests
468      in the public adjuster, the public adjuster apprentice, or the
469      person acting on behalf of the adjuster or apprentice the
470      effective authority to choose the persons or entities that will
471      perform repair work in a property insurance claim or provide
472      goods or services that will require the insured or third -party
473      claimant to expend funds in excess of those payable to the
474      public adjuster under the terms of the contract for adjusting
475      services.

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         PCS for HB 939                               ORIGINAL                                                 2024




476              (19)         Subsections (5)-(18) apply only to residential
477      property insurance policies and condominium unit owner policies
478      as described in s. 718.111(11), except that subsection (11) also
479      applies to coverages provided by condominium association,
480      cooperative association, apartment building, and similar
481      policies, including policies covering the common elements of a
482      homeowners' association.
483              Section 8.           Subsection (2) of section 626.8796, Florida
484      Statutes, is amended to read:
485              626.8796            Public adjuster contracts; disclosure statement;
486      fraud statement.—
487              (2)          A public adjuster contract relating to a property and
488      casualty claim must contain the full name, permanent business
489      address, phone number, e-mail address, and license number of the
490      public adjuster; the full name and license number of the public
491      adjusting firm; and the insured's full name, street address,
492      phone number, and e-mail address, together with a brief
493      description of the loss. The contract must state the percentage
494      of compensation for the public adjuster's services in minimum
495      18-point bold type before the space reserved in the contract for
496      the signature of the insured; the type of claim, including an
497      emergency claim, nonemergency claim, or supplemental claim; the
498      initials of the named insured on each page that does not contain
499      the insured's signature; the signatures of the public adjuster
500      and all named insureds; and the signature date. If all of the

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         PCS for HB 939                              ORIGINAL                                                 2024




501      named insureds' signatures are not available, the public
502      adjuster must submit an affidavit signed by the available named
503      insureds attesting that they have authority to enter into the
504      contract and settle all claim issues on behalf of the named
505      insureds. An unaltered copy of the executed contract must be
506      remitted to the insured at the time of execution and to the
507      insurer, or the insurer's representative within 7 days a fter
508      execution. A public adjusting firm that adjusts claims primarily
509      for commercial entities with operations in more than one state
510      and that does not directly or indirectly perform adjusting
511      services for insurers or individual homeowners is deemed to
512      comply with the requirements of this subsection if, at the time
513      a proof of loss is submitted, the public adjusting firm remits
514      to the insurer an affidavit signed by the public adjuster or
515      public adjuster apprentice that identifies:
516              (a)          The full name, permanent business address, phone
517      number, e-mail address, and license number of the public
518      adjuster or public adjuster apprentice.
519              (b)          The full name of the public adjusting firm.
520              (c)          The insured's full name, street address, phone number,
521      and e-mail address, together with a brief description of the
522      loss.
523              (d)          An attestation that the compensation for public
524      adjusting services will not exceed the limitations provided by
525      law.

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         PCS for HB 939                               ORIGINAL                                                 2024




526              (e)          The type of claim, including an emergency claim,
527      nonemergency claim, or supplemental claim.
528              Section 9.           Section 627.6426, Florida Statutes, is amended
529      to read:
530              627.6426            Short-term health insurance.—
531              (1)          For purposes of this part, the term "short-term health
532      insurance" means health insurance coverage provided by an issuer
533      with an expiration date specified in the contract that is less
534      than 12 months after the original effective date of the contract
535      and, taking into account renewals or extensions, has a duration
536      not to exceed 36 months in total.
537              (2)          All contracts for short-term health insurance entered
538      into by an issuer and an individual seeking coverage shall
539      include the following written disclosures signed by the
540      purchaser at the time of purchase disclosure:
541              (a)          The following statement:
542
543      "This coverage is not required to comply with certain federal
544      market requirements for health insurance, principally those
545      contained in the Patient Protection and Affordable Care Act. Be
546      sure to check your policy carefully to make sure you are aware
547      of any exclusions or limitations regarding coverage of
548      preexisting conditions or health benefits (such as
549      hospitalization, emergency services, maternity care, preventive
550      care, prescription drugs, and mental health and substance use

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         PCS for HB 939                              ORIGINAL                                                 2024




551      disorder services). Your policy might also have lifetime and/or
552      annual dollar limits on health benefits. If this coverage
553      expires or you lose eligibility for this coverage, you might
554      have to wait until an open enrollment period to get other health
555      insurance coverage."
556              (b)          The following information:
557              1.       The duration of the contract, including any waiting
558      period.
559              2.       Any essential health benefit under 42 U.S.C. s.
560      18022(b) that the contract does not provide.
561              3.       The content of coverage.
562              4.       Any exclusion of preexisting conditions.
563              (3)          These disclosures must be printed in no less than 12-
564      point type and in a color that is readable. A copy of the signed
565      disclosures must be maintained by the issuer for a period of 5
566      years after the date of purchase.
567              (4)          Disclosures provided by electronic means must meet the
568      requirements of subsection (2).
569              Section 10.             Subsection (4) of section 627.70132, Florida
570      Statutes, is renumbered as subsection (5), and a new subsection
571      (4) is added to that section to read:
572              627.70132           Notice of property insurance claim.—
573              (4)          A claim resulting from loss assessment as described in
574      s. 627.714 is considered to have occurred on the date of the
575      notice of loss assessment sent by a unit owner's condominium

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         PCS for HB 939                             ORIGINAL                                                  2024




576      association.
577              Section 11.           Section 791.012, Florida Statutes, is amended
578      to read:
579              791.012       Minimum fireworks safety standards.—The outdoor
580      display of fireworks in this state shall be governed by the
581      National Fire Protection Association (NFPA) 1123, Code for
582      Fireworks Display, 2018 1995 Edition, approved by the American
583      National Standards Institute. Any state, county, or municipal
584      law, rule, or ordinance may provide for more stringent
585      regulations for the outdoor display of fireworks, but in no
586      event may any such law, rule, or ordinance provide for less
587      stringent regulations for the outdoor display of fireworks. The
588      division shall promulgate rules to carry out the provisions of
589      this section. The Code for Fireworks Display shall not govern
590      the display of any fireworks on private, residential property
591      and shall not govern the display of those items included under
592      s. 791.01(4)(b) and (c) and authorized for sale thereunder
593              Section 12.           This act shall take effect July 1, 2024.




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