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Post-Meeting Packet — Florida Senate Committee on Commerce and Tourism (March 3, 2025)

Summary

Post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of Monday, March 3, 2025, 1:00—3:00 p.m., in the Toni Jennings Committee Room, with Senator Leek as Chair and Senator Arrington as Vice Chair. The expanded agenda lists bills including SB 126 on prescription hearing aids, SB 232 on debt collection and SB 412 on repair of motorized wheelchairs. A bill analysis states that CS/SB 126 authorizes licensed hearing aid specialists or licensed audiologists to sell and distribute prescription hearing aids through the mail to consumers who are 18 years of age or older, with an effective date of July 1, 2025. A letter from Senator Tracie Davis requests an excused absence.

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

Cite this document

“Post-Meeting Packet — Florida Senate Committee on Commerce and Tourism (March 3, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-03-03-post-meeting-packet-7852-b66619b9e4/, SHA-256 facea5454acbf6f02ba94405556ae691a438008ade68149a5d7e560fc26ba201.

Full text

Commerce and Tourism - 03/03/2025 1:00 PM                                                   2025 Regular Session
Customized                                                                                  03/04/2025 11:34 AM
Agenda Order

Tab 1      SB 126 by Bradley; Similar to H 00101 Prescription Hearing Aids
848922   D       S     LRCS             CM, Bradley             Delete everything after      03/03 02:45 PM


Tab 2      SB 232 by Rodriguez; Identical to H 00147 Debt Collection
109918   D       S      UNFAV         CM, Rodriguez            Delete everything after      03/03 03:37 PM
706006   AA        S        FAV           CM, Gruters              Delete L.83 - 85:         03/03 03:37 PM
357150   A         S        RCS           CM, Gruters              Delete L.93 - 95:         03/03 03:37 PM


Tab 3        SB 600 by Truenow; Identical to H 00561 Manufacturing


Tab 4        SB 602 by Truenow; Identical to H 00563 Fees/Florida Manufacturing Promotional Campaign


Tab 5      SB 92 by Gruters; Identical to H 00807 Motor Vehicle Repair Work
442480   A       S       RCS             CM, Gruters            Delete L.59 - 65:            03/03 03:38 PM


Tab 6        SB 412 by Smith; Similar to H 00311 Repair of Motorized Wheelchairs




                                                     Page 1 of 1
2025 Regular Session                                  The Florida Senate
                             COMMITTEE MEETING EXPANDED AGENDA
                                               COMMERCE AND TOURISM
                                                  Senator Leek, Chair
                                              Senator Arrington, Vice Chair

            MEETING DATE:      Monday, March 3, 2025
                    TIME:      1:00—3:00 p.m.
                  PLACE:       Toni Jennings Committee Room, 110 Senate Building

                  MEMBERS:     Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Davis, DiCeglie, Gruters, McClain,
                               Smith, Wright, and Yarborough

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

   1    SB 126                              Prescription Hearing Aids; Authorizing the sale and      Fav/CS
        Bradley                             distribution of prescription hearing aids to consumers       Yeas 8 Nays 0
        (Similar H 101)                     through the mail if certain conditions are met before
                                            the sale, etc.

                                            HP       02/18/2025 Favorable
                                            CM       03/03/2025 Fav/CS
                                            RC


   2    SB 232                              Debt Collection; Revising prohibited practices for a     Fav/CS
        Rodriguez                           person attempting to collect consumer debt, etc.             Yeas 8 Nays 0
        (Identical H 147)
                                            CM       02/11/2025 Temporarily Postponed
                                            CM       03/03/2025 Fav/CS
                                            BI
                                            RC


   3    SB 600                              Manufacturing; Creating the Statewide Office of          Favorable
        Truenow                             Manufacturing within the Department of Commerce              Yeas 7 Nays 0
        (Identical H 561, Compare H 563,    for a certain purpose; requiring that the office be
        Linked S 602)                       headed by a Chief Manufacturing Officer appointed
                                            by and serving at the pleasure of the Secretary of
                                            Commerce; requiring the department to biennially
                                            prepare a report regarding manufacturing efforts in
                                            this state; creating the Florida Manufacturers’
                                            Workforce Development Grant Program; requiring the
                                            department, the Chief Manufacturing Officer, and the
                                            state Manufacturing Extension Partnership to review
                                            applications submitted and to select specified
                                            projects, etc.

                                            CM       03/03/2025 Favorable
                                            ATD
                                            AP




                                                                                                                      S-036 (10/2008)
03032025.1430                                                                                                             Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 3, 2025, 1:00—3:00 p.m.

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

  4     SB 602                             Fees/Florida Manufacturing Promotional Campaign;           Favorable
        Truenow                            Requiring the Department of Commerce to establish              Yeas 7 Nays 0
        (Identical H 563, Compare H 561,   by rule registration and renewal fees sufficient to fund
        Linked S 600)                      the costs of administering the Florida Manufacturing
                                           Promotional Campaign; requiring the department to
                                           assess and collect fees for the purpose of promoting
                                           the campaign; requiring that such fees be deposited
                                           into the Economic Development Trust Fund for a
                                           specified purpose, etc.

                                           CM       03/03/2025 Favorable
                                           ATD
                                           AP


  5     SB 92                              Motor Vehicle Repair Work; Citing this act as the "Lilly   Fav/CS
        Gruters                            Glaubach Act"; requiring a motor vehicle repair shop           Yeas 8 Nays 0
        (Identical H 807)                  to request a written crash report from a customer
                                           under certain circumstances; requiring a motor
                                           vehicle repair shop to prepare a transaction form
                                           under certain circumstances; authorizing the
                                           appropriate law enforcement agency to request an
                                           original transaction form from a motor vehicle repair
                                           shop under certain circumstances; providing criminal
                                           penalties, etc.

                                           CM       03/03/2025 Fav/CS
                                           AEG
                                           FP


  6     SB 412                             Repair of Motorized Wheelchairs; Creating the              Favorable
        Smith                              “Motorized Wheelchair Right to Repair Act”; requiring          Yeas 8 Nays 0
        (Similar H 311)                    an original equipment manufacturer to make available
                                           any documentation, parts, and tools required for the
                                           diagnosis, maintenance, or repair of a motorized
                                           wheelchair and parts for the motorized wheelchair;
                                           providing that violation of the act is an unlawful
                                           practice under the Florida Deceptive and Unfair Trade
                                           Practices Act; providing that an original equipment
                                           manufacturer is not required to divulge trade secrets,
                                           etc.

                                           CM       03/03/2025 Favorable
                                           AEG
                                           FP


        Other Related Meeting Documents




                                                                                                                     S-036 (10/2008)
03032025.1430                                                                                                            Page 2 of 2
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:             CS/SB 126
INTRODUCER:       Commerce and Tourism and Senator Bradley
SUBJECT:          Prescription Hearing Aids
DATE:             March 4, 2025                   REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Smith                              Brown                                 HP              Favorable
2. McMillan                           McKay                                 CM              Fav/CS
3.                                                                          RC



                      Please see Section IX. for Additional Information:
                                     COMMITTEE SUBSTITUTE - Substantial Changes




    I.    Summary:

          CS/SB 126 authorizes licensed hearing aid specialists or licensed audiologists to sell and
          distribute prescription hearing aids through the mail to consumers who are 18 years of age or
          older.

          The bill provides an effective date of July 1, 2025.

    II.   Present Situation:

          Hearing Aids

          Federal Regulations
          The Food and Drug Administration (FDA) Reauthorization Act of 2017 (FDARA), s. 709,1
          directed the FDA to establish a category of over-the-counter (OTC) hearing aids through
          rulemaking and set forth various requirements for OTC hearing aids, including defining general
          controls for reasonable assurance of safety and effectiveness, as well as Federal preemption
          provisions.




1
21 U.S.C. 301, Food and Drug Administration Reauthorization Act of 1917, s. 709, Regulation of Over-The-Counter
Hearing Aids, available at https://www.congress.gov/115/plaws/publ52/PLAW-115publ52.pdf (last visited Feb. 28, 2025).
BILL: CS/SB 126                                                                                                      Page 2

        On August 17, 2022, the FDA finalized a rule revising 21 C.F.R. 800,2 801,3 and 874.4 The
        FDA’s new rule establishes a new category for OTC hearing aids. An OTC hearing aid is an air-
        conduction hearing aid that does not require implantation or other surgical intervention and is
        intended for use by a person aged 18 or older to compensate for perceived mild to moderate
        hearing impairment. The device, through tools, tests, or software, allows the user to control the
        hearing aid and customize it to the user’s hearing needs. The device may use wireless technology
        or may include tests for self-assessment of hearing loss.

        The device is available OTC, without the supervision, prescription, or other order, involvement,
        or intervention of a licensed person, to consumers through in-person transactions, by mail, or
        online, provided that the device satisfies the requirements for consumers with “perceived mild to
        moderate hearing impairment” who wish to buy lower cost hearing aids not bundled with
        professional services and not requiring professional advice, fitting, adjustment, or maintenance.
        The rule became effective on October 16, 2022.5

        The FDA rule includes provisions for simplified labeling, output limits, maximum insertion
        depth, and conditions for sale and distribution for both OTC and prescription hearing aids. The
        rule prohibits states from requiring the order, involvement, or intervention of a licensed person
        for consumers to access OTC hearing aids; a licensed person may service, market, sell, dispense,
        provide customer support for, or distribute OTC hearing aids.

        Florida Regulations
        In Florida, there are currently 1,289 licensed hearing aid specialists, and 1,654 licensed
        audiologists.6 In 2023, Florida’s practice acts for hearing aid specialists and audiologists were
        amended to distinguish between prescription hearing aids and OTC hearing aids to conform to
        the new FDA rules.7 Under Florida law, prescription hearing aids are dispensed by hearing aid
        specialists and audiologists who are subject to the Department of Health (DOH) regulation under
        the Board of Hearing Aid Specialist (BHAS) and Board of Speech-Language Pathology and
        Audiology (BSLPA).8 Selling or distributing prescription hearing aids through the mail to the
        ultimate consumer is unlawful and is punishable as a misdemeanor of the second degree.9

        Scope of Practice
        Florida law defines the scope of practice for hearing aid specialists and audiologists and specifies
        the procedures which each health care practitioner is authorized to perform. Both hearing aid

2
  21 CFR 800.30, available at https://www.ecfr.gov/current/title-21/chapter-I/subchapter-H/part-800#800.30 (last visited
Mar. 4, 2025).
3
  21 CFR 801.60 - 63, available at https://www.ecfr.gov/current/title-21/chapter-I/subchapter-H/part-801/subpart-C (last
visited Mar. 4, 2025).
4
  21 CFR 874.5300 available at https://www.ecfr.gov/current/title-21/chapter-I/subchapter-H/part-874/subpart-F/section-
874.5300 (last visited Mar. 4, 2025).
5
  21 CFR 800.30, available at https://www.ecfr.gov/current/title-21/chapter-I/subchapter-H/part-800#800.30 (last visited Mar.
4, 2025).
6
  Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long Range Plan, 2023 - 2024,
available at https://mqawebteam.com/annualreports/2324/ (last visited Mar. 4, 2025).
7
  Laws of Fla. 2023-71.
8
  See Part II, ch. 484, and Part I, ch. 468, F.S., respectively.
9
  Sections 468.1265 and 484.054, F.S.
BILL: CS/SB 126                                                                                                          Page 3

         specialists and audiologists may provide services through telehealth within this state.10 Out-of-
         state hearing aid specialists and audiologists may register to provide services through telehealth
         to patients located in this state.11

         Hearing Aid Specialists
         Under s. 484.041, F.S., hearing aid specialists may dispense prescription hearing aids.
         Dispensing prescription hearing aids includes conducting and interpreting hearing tests for
         purposes of selecting suitable hearing aids, making earmolds or ear impressions for the fitting of
         hearing aids, and providing appropriate counseling regarding a suitable hearing aid device. This
         also includes all acts pertaining to the selling, renting, leasing, pricing, delivery, and warranty of
         hearing aids.12

         Hearing aid specialists are licensed and regulated by the BHAS.13 Licensure for a hearing aid
         specialist is in accordance with s. 484.045, F.S., and includes the following requirements:
         • Graduation of an accredited high school or its equivalent;
         • Meeting one of the qualifying methods:
            o Completing a Florida sponsored training program;
            o Having a valid, current license as a hearing aid specialist or its equivalent from another
                 state and has been actively practicing14 in such capacity for at least 12 months; or
            o Is currently certified by the National Board for Certification in Hearing Instrument
                 Sciences (NBC-HIS) and has been actively practicing for at least 12 months.
         • Has successfully completed:
            o International Licensing Examination (ILE); or
            o Active certification from the National Board for Certification in Hearing Instrument
                 Sciences (NBC-HIS).
         • Completion of a two-hour course relating to Florida laws and rules taught by an instructor
            approved by the BHAS.

         Effective July 1, 2025, an applicant for licensure must also submit to a background screening test
         in accordance with s. 456.0135, F.S.

         Audiologists
         The practice of audiology includes the application of principles, methods, and procedures for the
         prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction,
         treatment, and research, relative to hearing and the disorders of hearing, and to related language
         and speech disorders.15 Licensed audiologists may offer, render, plan, direct, conduct, consult, or
         supervise services to individuals or groups of individuals who have or are suspected of having
         disorders of hearing, including prevention, identification, evaluation, treatment, consultation,

10
   Section 456.47, F.S.
11
   Id.
12
   Section 484.041(3)(a), F.S.
13
   Section 484.042, F.S.
14
   See Fla. Admin. Code R. 64B6-2.002 (2025), which defines “actively practicing” as dispensing hearing aids directly to
clients for at least 12 months, as shown by at least two sales receipts per month for at least 12 months, each receipt bearing
the applicant’s signature and address of place(s) of business.
15
   Section 468.1125(6)(a), F.S.
BILL: CS/SB 126                                                                                               Page 4

        habilitation, rehabilitation, instruction, and research.16 This includes the fitting and dispensing of
        hearing aids. They may also provide the following:
        • Participate in hearing conservation, evaluation of noise environment, and noise control;
        • Conduct and interpret tests of vestibular function and nystagmus, electrophysiologic
           auditory-evoked potentials, central auditory function, and calibration of measurement
           equipment used for such purposes;
        • Habilitate and rehabilitate, including, but not limited to, hearing aid evaluation, prescription,
           preparation, fitting and dispensing, assistive listening device selection and orientation,
           auditory training, aural habilitation, aural rehabilitation, speech conservation, and
           speechreading;
        • Fabricate earmolds;
        • Evaluate tinnitus; and
        • Conduct speech and language screening, limited to a pass-fail determination for identifying
           individuals with disorders of communication.17

        Audiologists are licensed and regulated by the BSLPA.18 Licensure for audiologists includes,
        among other requirements, the following:
        • Submission of an application and all required fees.
        • A doctoral degree with a major emphasis in audiology and:
           o Applicants who have earned a doctoral degree from an approved program before
              January 1, 2008, must complete 60 semester hours, 24 of which must be in audiology.19
           o Applicants who earned a doctoral degree from an approved program after
              January 1, 2008, must complete 75 semester hours.
           o 300 clock hours of supervised experience (clinical practicum) with at least 200 hours in
              the area of audiology.
        • Eleven months of supervised clinical experience. This requirement may be met if the
           applicant holds a doctoral degree, meets the requirements of s. 468.1155, F.S., and can
           demonstrate one year of clinical work experience within the doctoral program.
        • Applicants for licensure as an audiologist with a master’s degree conferred before January 1,
           2008, must document that, prior to licensure, the applicant completed one year of clinical
           work experience.
        • Passing the licensure examination no more than three years prior to the date of the
           application.20

        Effective July 1, 2025, an applicant for licensure must also submit to a background screening test
        in accordance with s. 456.0135, F.S.




16
   Section 468.1125(6)(b), F.S.
17
   Id.
18
   Section 468.1135, F.S.
19
   Section 468.1155, F.S.
20
   Section 468.1185, F.S. and Fla. Admin. Code R. 64B20-2.005 (2022) The BSDPA has designated the Educational Testing
Services Praxis Series Examination in Speech-Language Pathology or Audiology as the licensure examination.
BILL: CS/SB 126                                                                                         Page 5

           Minimal Procedures and Equipment 21
           Florida law requires hearing aid specialists, and audiologists only when indicated, to perform all
           of the following procedures to be used in the fitting and selling of prescription hearing aids:
           • Pure tone audiometric testing by air and bone to determine the type and degree of hearing
               deficiency.
           • Effective masking.
           • Appropriate testing to determine speech reception thresholds, speech discrimination scores,
               the most comfortable listening levels, uncomfortable loudness levels, and the selection of the
               best fitting arrangement for maximum hearing aid benefit.

           A wide range audiometer that meets the specifications of the American National Standards
           Institute for diagnostic audiometers, and a speech audiometer or a master hearing aid must be
           used by hearing aid specialists, and audiologists only when indicated, in the fitting and selling of
           prescription hearing aids.

           A hearing aid specialist must make a final fitting ensuring physical and operational comfort of
           the prescription hearing aid. An audiologist must make such a final fitting only when indicated.

           Each audiometric test must be made in a testing room that has been certified by the DOH and
           meets certain requirements established in statute and rule. However, this requirement may be
           waived by a client who has been provided written notice of the benefits and advantages of having
           the test conducted in a certified testing room.

III.       Effect of Proposed Changes:

           The bill provides that prescription hearing aids may be distributed through the mail to a patient
           who is 18 years of age or older before the patient's scheduled telehealth appointment with a
           licensed audiologist. The prescription hearing aids may not be activated unless the audiologist
           has prescribed them. If prescribed, the audiologist must conduct a fitting during the telehealth
           appointment or a subsequent appointment to ensure the physical and operational comfort of the
           prescription hearing aids.

           The bill provides that prescription hearing aids may be distributed through the mail to a patient
           who is 18 years of age or older before the patient's scheduled telehealth appointment with a
           licensed hearing aid specialist. The prescription hearing aids must not be activated unless the
           hearing aid specialist has determined that the patient should be fitted for prescription hearing
           aids. If that determination is made, the hearing aid specialist must conduct a fitting during the
           telehealth appointment or a subsequent appointment to ensure the physical and operational
           comfort of the prescription hearing aids.

           The bill establishes that any person who sells or distributes prescription hearing aids through the
           mail to the ultimate consumer commits a misdemeanor of the second degree.

           The bill takes effect July 1, 2025.


21
     Sections 468.1225 and 484.0501, F.S. See also Fla. Admin. Code R. 64B6-6, 64B20-8, and 64B20-9.
BILL: CS/SB 126                                                                                                    Page 6

IV.     Constitutional Issues:

        A.       Municipality/County Mandates Restrictions:

                 None.

        B.       Public Records/Open Meetings Issues:

                 None.

        C.       Trust Funds Restrictions:

                 None.

        D.       State Tax or Fee Increases:

                 None.

        E.       Other Constitutional Issues:

                 None Identified.

 V.     Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 None.

        C.       Government Sector Impact:

                 To implement the bill, the Department of Health would need to develop a communication
                 plan to ensure compliance and operational readiness. The department anticipates that this
                 would include updating websites and the Artificial Intelligence chatbot, notifying
                 stakeholder groups, and communicating the statutory changes to staff through training.22

VI.     Technical Deficiencies:

        None.

VII.    Related Issues:

        None.


22
  Department of Health, Senate Bill 126 Legislative Analysis (Feb. 11, 2025) (on file with the Senate Committee on Health
Policy).
 BILL: CS/SB 126                                                                                                                      Page 7

VIII.   Statutes Affected:

        This bill substantially amends sections 468.1265 and 484.054 of the Florida Statutes.

 IX.    Additional Information:

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

                 CS by Commerce and Tourism on March 3, 2024
                 The committee substitute provides that prescription hearing aids may be distributed
                 through the mail to a patient who is 18 years of age or older before the patient's scheduled
                 telehealth appointment with a licensed audiologist. The prescription hearing aids may not
                 be activated unless the audiologist has prescribed them. If prescribed, the audiologist
                 must conduct a fitting during the telehealth appointment or a subsequent appointment to
                 ensure the physical and operational comfort of the prescription hearing aids.

                 The committee substitute also provides that prescription hearing aids may be distributed
                 through the mail to a patient who is 18 years of age or older before the patient's scheduled
                 telehealth appointment with a licensed hearing aid specialist. The prescription hearing
                 aids must not be activated unless the hearing aid specialist has determined that the patient
                 should be fitted for prescription hearing aids. If that determination is made, the hearing
                 aid specialist must conduct a fitting during the telehealth appointment or a subsequent
                 appointment to ensure the physical and operational comfort of the prescription hearing
                 aids.

                 Except in the above instances, any person who sells or distributes prescription hearing
                 aids through the mail to the ultimate consumer commits a misdemeanor of the second
                 degree.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
     Florida Senate - 2025                           COMMITTEE AMENDMENT        Florida Senate - 2025                           COMMITTEE AMENDMENT
     Bill No. SB 126                                                            Bill No. SB 126




                               Ì8489227Î848922                                                            Ì8489227Î848922


                               LEGISLATIVE ACTION                          11   distribute prescription hearing aids through the mail to the
           Senate                       .                  House           12   ultimate consumer. A Any person who violates this subsection
          Comm: RCS                     .                                  13   section commits a misdemeanor of the second degree, punishable
         03/03/2025                     .                                  14   as provided in s. 775.082 or s. 775.083.
                                        .                                  15       (2)(a) Prescription hearing aids may be distributed through
                                        .                                  16   the mail to a patient who is 18 years of age or older before the
                                        .                                  17   patient’s scheduled telehealth appointment with an audiologist
                                                                           18   licensed under this part. The prescription hearing aids may not
                                                                           19   be activated unless the audiologist has prescribed them. If the
                                                                           20   audiologist prescribes prescription hearing aids to the patient,
                                                                           21   the audiologist must conduct a fitting during the telehealth
                                                                           22   appointment or a subsequent appointment to ensure the physical
                                                                           23   and operational comfort of the prescription hearing aids.
                                                                           24       (b)    Prescription hearing aids may be sold through the mail
                                                                           25   to a patient who is 18 years of age or older who has been fitted
     The Committee on Commerce and Tourism (Bradley) recommended the       26   for those prescription hearing aids by an audiologist licensed
     following:                                                            27   under this part.
                                                                           28       Section 2.     Section 484.054, Florida Statutes, is amended to
1        Senate Amendment (with title amendment)                           29   read:
2                                                                          30       484.054 Sale or distribution of prescription hearing aids
3        Delete everything after the enacting clause                       31   through mail; penalty.—
4    and insert:                                                           32       (1) Except as provided in subsection (2) and in s.
5        Section 1.   Section 468.1265, Florida Statutes, is amended       33   468.1265(2), it is unlawful for a any person to sell or
6    to read:                                                              34   distribute prescription hearing aids through the mail to the
7        468.1265 Sale or distribution of prescription hearing aids        35   ultimate consumer. A person who violates this subsection commits
8    through mail; penalty.—                                               36   Any violation of this section constitutes a misdemeanor of the
9        (1) Except as provided in subsection (2) and in s.                37   second degree, punishable as provided in s. 775.082 or s.
10   484.054(2), it is unlawful for a any person to sell or                38   775.083.
                                                                           39       (2)(a) Prescription hearing aids may be distributed through

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     3/3/2025 11:31:12 AM                                  577-02083B-25        3/3/2025 11:31:12 AM                                  577-02083B-25




     Florida Senate - 2025                           COMMITTEE AMENDMENT        Florida Senate - 2025                           COMMITTEE AMENDMENT
     Bill No. SB 126                                                            Bill No. SB 126




                               Ì8489227Î848922                                                            Ì8489227Î848922


40   the mail to a patient who is 18 years of age or older before the      69       through the mail to patients 18 years of age or older
41   patient’s scheduled telehealth appointment with a hearing aid         70       who have been fitted for such hearing aids by a
42   specialist licensed under this part. The prescription hearing         71       licensed audiologist or licensed hearing aid
43   aids may not be activated unless the hearing aid specialist has       72       specialist, respectively; providing an effective date.
44   determined that the patient should be fitted for prescription
45   hearing aids. If the hearing aid specialist makes that
46   determination, the hearing aid specialist must conduct a fitting
47   during the telehealth appointment or a subsequent appointment to
48   ensure the physical and operational comfort of the prescription
49   hearing aids.
50       (b) Prescription hearing aids may be sold through the mail
51   to a patient who is 18 years of age or older who has been fitted
52   for those prescription hearing aids by a hearing aid specialist
53   licensed under this part.
54       Section 3.   This act shall take effect July 1, 2025.
55
56   ================= T I T L E    A M E N D M E N T ================
57   And the title is amended as follows:
58       Delete everything before the enacting clause
59   and insert:
60                           A bill to be entitled
61       An act relating to prescription hearing aids; amending
62       ss. 468.1265 and 484.054, F.S.; authorizing the
63       distribution of prescription hearing aids through the
64       mail to patients 18 years of age or older before a
65       scheduled telehealth appointment with a Florida-
66       licensed audiologist or hearing aid specialist,
67       respectively, if certain requirements are met;
68       authorizing the sale of prescription hearing aids

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      Florida Senate - 2025                                         SB 126         Florida Senate - 2025                                         SB 126



      By Senator Bradley




      6-00498-25                                               2025126__           6-00498-25                                               2025126__
1                             A bill to be entitled                          30    the sale, all required testing procedures as outlined in s.
2          An act relating to prescription hearing aids; amending            31    468.1225 or s. 484.0501 are conducted by an audiologist licensed
3          ss. 468.1265 and 484.054, F.S.; authorizing the sale              32    under s. 468.1185 or a hearing aid specialist licensed under s.
4          and distribution of prescription hearing aids to                  33    484.045, respectively. Any violation of this section constitutes
5          consumers through the mail if certain conditions are              34    a misdemeanor of the second degree, punishable as provided in s.
6          met before the sale; providing an effective date.                 35    775.082 or s. 775.083.
7                                                                            36         Section 3.   This act shall take effect July 1, 2025.
8     Be It Enacted by the Legislature of the State of Florida:
9
10         Section 1.   Section 468.1265, Florida Statutes, is amended
11    to read:
12         468.1265 Sale or distribution of prescription hearing aids
13    through mail; penalty.—It is unlawful for any person to sell or
14    distribute prescription hearing aids through the mail to the
15    ultimate consumer. However, prescription hearing aids may be
16    sold and distributed to a consumer through the mail if, before
17    the sale, all required testing procedures as outlined in s.
18    468.1225 or s. 484.0501 are conducted by an audiologist licensed
19    under s. 468.1185 or a hearing aid specialist licensed under s.
20    484.045, respectively. Any person who violates this section
21    commits a misdemeanor of the second degree, punishable as
22    provided in s. 775.082 or s. 775.083.
23         Section 2.   Section 484.054, Florida Statutes, is amended to
24    read:
25         484.054 Sale or distribution of prescription hearing aids
26    through mail; penalty.—It is unlawful for any person to sell or
27    distribute prescription hearing aids through the mail to the
28    ultimate consumer. However, prescription hearing aids may be
29    sold and distributed to a consumer through the mail if, before

                                  Page 1 of 2                                                                  Page 2 of 2
     CODING: Words stricken are deletions; words underlined are additions.        CODING: Words stricken are deletions; words underlined are additions.
                                                    THE FLORIDA SENATE                                    COMMITTEES:
                                                                                                          Reoulated lndustries. ChatT
                                                                                                          Apfropriations Committee on Higher
                                                         Tallahassee, Florida 32399-1 100                  Education, Vice Chair
       q,
                                                                                                          Appropriations Committee on Pre-K - 12 Education
       Fl                                                                                                 Criminal Justice
                           4                                                                              Ethics and Elections
                                                                                                          Fiscal Policy
                                                                                                          Rules

                                                                                                          JOINT COMMITTEES:
                                                                                                          Joint Committee on Public Counsel Oversight,
                                                                                                           Altemating Chair
SENATOR JENNIFER BRADLEY
            6th District


     February 19,2025

     Senator Thomas Leek, Chairman
     Senate Committee on Commerce and Tourism
     310 Senate Building
     404 South Monroe Street
     Tallahassee, FL 32399- I 1 00

     Dear Chairman Leek:

           I respectfully request that SB 126be placed on the committee's agenda at your earliest
     convenience. This bill relates to prescription hearing aids.

               Thank you for your consideration.

                                                                     Sincerely,



                                                                                        $r YN.,U
                                                                     Jennifer Bradley




     cc: Todd McKay, Staff Director
         Renita Hayes, Committee Administrative Assistant




                       REPLY TO:
                         Ct '1845 East West Parkway, Suite 5, Fleming lsland, Florida 32003 (904) 278-2]085 - --
                         B 406 Senate Buitding, aOi Soutn Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5006
                                                         Senate's Website www.flsenate.gov


                               BEN ALBRITTON                                                           JASON BRODEUR
                           President of the Senate                                                  President Pro TemPore
                                                                         The Florida Senate

             3,3-25 Meeting Date
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                                                                          The Florida Senate
            6 5      -)
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                                                        The Florida Senate
                     BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:              CS/SB 232
INTRODUCER:        Committee on Commerce and Tourism and Senator Rodriguez
SUBJECT:           Debt Collection
DATE:              March 3, 2025                  REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Dike                               McKay                                 CM              Fav/CS
2.                                                                          BI
3.                                                                          RC



                      Please see Section IX. for Additional Information:
                                     COMMITTEE SUBSTITUTE - Substantial Changes




    I.    Summary:

          CS/SB 232 revises the Florida Consumer Collection Practices Act (FCCPA) to allow any person
          attempting to collect on a debt to communicate with a debtor via email between 9 p.m. and 8
          a.m.

          The bill takes effect July 1, 2025.

    II.   Present Situation:

          The Florida Consumer Collection Practices Act

          The FCCPA1 prohibits certain practices by any person when attempting to collect on a debt.2
          This law is the counterpart to the federal Fair Debt Collection Practices Act (FDCPA) with the
          purpose of eliminating “abusive and harassing tactics in the collection of debts.”3 When

1
  Sections 559.55-559.785, F.S.
2
  “Debt collector” means any person who uses any instrumentality of commerce within this state, whether initiated from
within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects
or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term “debt
collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his
own which would indicate that a third person is collecting or attempting to collect such debts. Section 559.55(7), F.S.
3
  The Consumer Prot. Law Comm. of the Florida Bar, The Consumer Law Bench Book, p. 46, available at
https://www.floridabar.org/about/cmtes/cmte-cm410/cplc-bench-manual/ (last visited Feb. 10, 2025).
BILL: CS/SB 232                                                                                                         Page 2

         collecting consumer debts,4 collectors are not allowed to use or threaten violence,5 use profane or
         vulgar language,6 or attempt to enforce an illegitimate debt.7 Among the list of prohibited
         practices, a collector is not allowed to “communicate with the debtor between the hours of 9 p.m.
         and 8 a.m. in the debtor’s time zone without the prior consent of the debtor.”8 The current
         version of the statute does not specify what type of communication is prohibited between these
         hours.

         A debtor9 may bring a civil action against a consumer collection agency10 or any person
         attempting to collect on a debt in a manner prohibited by law within two years of the date the
         alleged violation occurred.11 The debtor may file such action “in the county in which the alleged
         violator resides or has his or her principal place of business or in the county where the alleged
         violation occurred.”12 If a collector does not comply with the provisions of s. 559.72, F.S., they
         are liable for actual and statutory damages up to $1000, court costs and attorney’s fees that are
         incurred by the plaintiff,13 and punitive damages or other equitable relief the court finds
         necessary or proper.14 Additionally, if there is an inconsistency between the FCCPA and the
         FDCPA, the provision which is more protective of the debtor will prevail.15


         The Fair Debt Collection Practices Act

         The federal Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became
         effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection
         practices.16 Pursuant to 12 CFR s. 1006.06(b)(1)(i), with certain exceptions (prior consent, or
         permission by a court), a debt collector must not communicate or attempt to communicate with a
         consumer in connection with the collection of any debt at any unusual time, or at a time that the
         debt collector knows or should know is inconvenient to the consumer. In the absence of the debt
         collector's knowledge of circumstances to the contrary, a time before 8:00 a.m. and after 9:00




4
  “Debt” or “consumer debt” means any obligation or alleged obligation of a consumer to pay money arising out of a
transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for
personal, family, or household purposes, whether or not such obligation has been reduced to judgement. Section 559.55(6),
F.S.
5
  Section 559.72(2), F.S.
6
  Section 559.72(8), F.S.
7
  Section 559.72(9), F.S.
8
  Section 559.72(17), F.S.
9
  “Debtor” or “consumer” means any natural person obligated or allegedly obligated to pay any debt. Section 559.55(8), F.S.
10
   “Consumer collection agency” means any debt collector or business entity engaged in the business of soliciting consumer
debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in
s. 559.553(3). Section 559.55(3), F.S.
11
   Section 559.77(4), F.S.
12
   Section 559.77(1), F.S.
13
   Section 559.77(2), F.S.
14
   Id.
15
   Section 559.552, F.S.
16
   The Fed. Rsrv., Consumer Compliance Handbook, available at
https://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf, (last visited Feb. 10, 2025).
BILL: CS/SB 232                                                                                                  Page 3

        p.m. local time at the consumer's location is inconvenient. Email and text communications17 are
        permitted, but the consumer must be offered a reasonable and simple method for opting out.18

        Recent Litigation

        The U.S. District Court for the Southern District of Florida recently interpreted what it means to
        “communicate with” a consumer under the FCCPA.19 In this case, plaintiff sued a debt collector
        for sending her an e-mail at 8:23 p.m. which was delivered to her at 10:14 p.m. and which she
        did not open or read until 11:44 a.m. the next day.20 Plaintiff argued that this constituted a
        communication in violation of s. 559.72(17), F.S.21 Without legal precedent on point, the court
        determined that “no e-mail communication “with” the customer takes place until the consumer
        reads the message, or at least receives it.”22 Under this interpretation, the court found that the
        debt collector did not communicate with plaintiff until 11:44 a.m. because that was when she
        read the message, and as such, defendant’s motion for summary judgment was granted.23

        As this case was one of first impression, there is a chance that Florida courts or other federal
        district courts could deviate from this interpretation. Moreover, this interpretation diverges from
        the Consumer Financial Protection Bureau’s interpretation of what it means to “communicate
        with” a debtor under the FDCPA.24 Without statutory clarification, Florida courts are open to
        litigation over debt collection e-mails received and read after 9 p.m. and before 8 a.m.

III.    Effect of Proposed Changes:

        Prohibited Practices for Debt Collection

        Section 1 amends s. 559.72, F.S., to allow any person attempting to collect on a debt to
        communicate with a debtor between 9 p.m. and 8 a.m. via email.

        Incorporating Related Statutes

        Sections 2-6 reenact ss. 559.565, 559.725, 559.77, 648.44, and 817.7001, F.S., respectively, for
        the purpose of incorporating the amendments to s. 559.72, F.S., in section 1 of the bill.


17
   According to a recent news release, email communications are used by 74% of debt collectors, and use of text messaging
grew by 5% between 2023 and 2024. TransUnion, More Than Half of Debt Collection Companies Saw Increased Volume of
Accounts in Past 12 Months, available at https://newsroom.transunion.com/more-than-half-of-debt-collection-companies-
saw-increased-volume-of-accounts-in-past-12-
months/#:~:text=Use%20of%20text%2FSMS%20messaging,engage%20consumers%20regarding%20a%20debt, (last visited
Feb 10, 2025).
18
   The Consumer Fin. Prot. Bureau, What laws limit what debt collectors can say or do?, available at
https://www.consumerfinance.gov/ask-cfpb/what-laws-limit-what-debt-collectors-can-say-or-do-en-329/, (last visited Feb.
10, 2025).
19
   Quinn-Davis v. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024).
20
   Id. at 2.
21
   Id.
22
   Id.
23
   Id. at 14.
24
   Id. at 8 (“The CFPB interprets “communicate with” under the FDCPA to mean that a debt collector communicates with a
customer when the debt collector “sends” an electronic communication.”).
BILL: CS/SB 232                                                Page 4

       Effective Date

       Section 7 provides an effective date of July 1, 2025.

IV.    Constitutional Issues:

       A.      Municipality/County Mandates Restrictions:

               None.

       B.      Public Records/Open Meetings Issues:

               None.

       C.      Trust Funds Restrictions:

               None.

       D.      State Tax or Fee Increases:

               None.

       E.      Other Constitutional Issues:

               None identified.

 V.    Fiscal Impact Statement:

       A.      Tax/Fee Issues:

               None.

       B.      Private Sector Impact:

               None.

       C.      Government Sector Impact:

               None.

VI.    Technical Deficiencies:

       None.

VII.   Related Issues:

       None.
 BILL: CS/SB 232                                                                                                                      Page 5

VIII.   Statutes Affected:

        This bill substantially amends s. 559.72, F.S.

        For the purpose of incorporating the amendments to s. 559.72, F.S., the bill reenacts the
        following sections: 559.72, 559.565, 559.725, 559.77, 648.44, 817.7001.

 IX.    Additional Information:

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

                 CS by Commerce and Tourism Committee on March 3, 2025:
                 The committee substitute allows any person collecting debts to communicate with
                 debtors via email between 9 p.m. and 8 a.m.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
     Florida Senate - 2025                          COMMITTEE AMENDMENT         Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 232                                                            Bill No. SB 232




                              Ì109918JÎ109918                                                           Ì109918JÎ109918


                             LEGISLATIVE ACTION                            11   representative of any governmental agency.
             Senate                     .                   House          12       (2) Use or threaten force or violence.
         Comm: UNFAV                    .                                  13       (3) Tell a debtor who disputes a consumer debt that she or
         03/03/2025                     .                                  14   he or any person employing her or him will disclose to another,
                                        .                                  15   orally or in writing, directly or indirectly, information
                                        .                                  16   affecting the debtor’s reputation for credit worthiness without
                                        .                                  17   also informing the debtor that the existence of the dispute will
                                                                           18   also be disclosed as required by subsection (6).
                                                                           19       (4) Communicate or threaten to communicate with a debtor’s
                                                                           20   employer before obtaining final judgment against the debtor,
                                                                           21   unless the debtor gives her or his permission in writing to
                                                                           22   contact her or his employer or acknowledges in writing the
                                                                           23   existence of the debt after the debt has been placed for
                                                                           24   collection. However, this does not prohibit a debt collector
                                                                           25   person from telling the debtor that her or his employer will be
     The Committee on Commerce and Tourism (Rodriguez) recommended         26   contacted if a final judgment is obtained.
     the following:                                                        27       (5) Disclose to a person other than the debtor or her or
                                                                           28   his family information affecting the debtor’s reputation,
1        Senate Amendment (with title amendment)                           29   whether or not for credit worthiness, with knowledge or reason
2                                                                          30   to know that the other person does not have a legitimate
3        Delete everything after the enacting clause                       31   business need for the information or that the information is
4    and insert:                                                           32   false.
5        Section 1.    Section 559.72, Florida Statutes, is amended to     33       (6) Disclose information concerning the existence of a debt
6    read:                                                                 34   known to be reasonably disputed by the debtor without disclosing
7        559.72 Prohibited practices generally.—Unless otherwise           35   that fact. If a disclosure is made before such dispute has been
8    authorized by law, in collecting consumer debts, a debt               36   asserted and written notice is received from the debtor that any
9    collector may not no person shall:                                    37   part of the debt is disputed, and if such dispute is reasonable,
10       (1) Simulate in any manner a law enforcement officer or a         38   the debt collector person who made the original disclosure must
                                                                           39   reveal upon the request of the debtor within 30 days the details

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     Florida Senate - 2025                          COMMITTEE AMENDMENT         Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 232                                                            Bill No. SB 232




                              Ì109918JÎ109918                                                           Ì109918JÎ109918


40   of the dispute to each person to whom disclosure of the debt          69       (14) Publish or post, threaten to publish or post, or cause
41   without notice of the dispute was made within the preceding 90        70   to be published or posted before the general public individual
42   days.                                                                 71   names or any list of names of debtors, commonly known as a
43       (7) Willfully communicate with the debtor or any member of        72   deadbeat list, for the purpose of enforcing or attempting to
44   her or his family with such frequency as can reasonably be            73   enforce collection of consumer debts.
45   expected to harass the debtor or her or his family, or willfully      74       (15) Refuse to provide adequate identification of herself
46   engage in other conduct which can reasonably be expected to           75   or himself or her or his employer or other entity whom she or he
47   abuse or harass the debtor or any member of her or his family.        76   represents if requested to do so by a debtor from whom she or he
48       (8) Use profane, obscene, vulgar, or willfully abusive            77   is collecting or attempting to collect a consumer debt.
49   language in communicating with the debtor or any member of her        78       (16) Mail any communication to a debtor in an envelope or
50   or his family.                                                        79   postcard with words typed, written, or printed on the outside of
51       (9) Claim, attempt, or threaten to enforce a debt when such       80   the envelope or postcard calculated to embarrass the debtor. An
52   debt collector person knows that the debt is not legitimate, or       81   example of this would be an envelope addressed to “Deadbeat,
53   assert the existence of some other legal right to enforce the         82   Jane Doe” or “Deadbeat, John Doe.”
54   debt when such debt collector person knows that the right to          83       (17) Communicate with the debtor by telephone call between
55   such enforcement does not exist.                                      84   the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without
56       (10) Use a communication that simulates in any manner legal       85   the prior consent of the debtor.
57   or judicial process or that gives the appearance of being             86       (a) The debt collector person may presume that the time a
58   authorized, issued, or approved by a government, governmental         87   telephone call is received conforms to the local time zone
59   agency, or attorney at law, when it is not.                           88   assigned to the area code of the number called, unless the debt
60       (11) Communicate with a debtor under the guise of an              89   collector person reasonably believes that the debtor’s telephone
61   attorney by using the stationery of an attorney or forms or           90   is located in a different time zone.
62   instruments that only attorneys are authorized to prepare.            91       (b) If, such as with toll-free numbers, an area code is not
63       (12) Orally communicate with a debtor in a manner that            92   assigned to a specific geographic area, the debt collector
64   gives the false impression or appearance that such debt               93   person may presume that the time a telephone call is received
65   collector person is or is associated with an attorney.                94   conforms to the local time zone of the debtor’s last known place
66       (13) Advertise or threaten to advertise for sale any debt         95   of residence, unless the debt collector person reasonably
67   as a means to enforce payment except under court order or when        96   believes that the debtor’s telephone is located in a different
68   acting as an assignee for the benefit of a creditor.                  97   time zone.

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      Florida Senate - 2025                         COMMITTEE AMENDMENT         Florida Senate - 2025                            COMMITTEE AMENDMENT
      Bill No. SB 232                                                           Bill No. SB 232




                              Ì109918JÎ109918                                                           Ì109918JÎ109918


98        (18) Communicate with a debtor, other than communicating        127       Section 3.   For the purpose of incorporating the amendment
99    purely for informational communications, regular billing            128   made by this act to section 559.72, Florida Statutes, in a
100   statements, or notices required by law, if the debt collector       129   reference thereto, subsection (2) of section 559.725, Florida
101   person knows that the debtor is represented by an attorney with     130   Statutes, is reenacted to read:
102   respect to such debt and has knowledge of, or can readily           131       559.725 Consumer complaints; administrative duties.—
103   ascertain, such attorney’s name and address, unless the debtor’s    132       (2) The office shall inform and furnish relevant
104   attorney fails to respond within 30 days to a communication from    133   information to the appropriate regulatory body of the state or
105   the debt collector person, unless the debtor’s attorney consents    134   the Federal Government, or The Florida Bar in the case of
106   to a direct communication with the debtor, or unless the debtor     135   attorneys, if a person has been named in a consumer complaint
107   initiates the communication.                                        136   pursuant to subsection (3) alleging violations of s. 559.72. The
108       (19) Cause a debtor to be charged for communications by         137   Attorney General may take action against any person in violation
109   concealing the true purpose of the communication, including         138   of this part.
110   collect telephone calls and telegram fees.                          139       Section 4.   For the purpose of incorporating the amendment
111       Section 2.   For the purpose of incorporating the amendment     140   made by this act to section 559.72, Florida Statutes, in
112   made by this act to section 559.72, Florida Statutes, in a          141   references thereto, subsections (1) and (2) of section 559.77,
113   reference thereto, subsection (2) of section 559.565, Florida       142   Florida Statutes, are reenacted to read:
114   Statutes, is reenacted to read:                                     143       559.77 Civil remedies.—
115       559.565 Enforcement action against out-of-state consumer        144       (1) A debtor may bring a civil action against a person
116   debt collector.—The remedies of this section are cumulative to      145   violating the provisions of s. 559.72 in the county in which the
117   other sanctions and enforcement provisions of this part for any     146   alleged violator resides or has his or her principal place of
118   violation by an out-of-state consumer debt collector, as defined    147   business or in the county where the alleged violation occurred.
119   in s. 559.55(11).                                                   148       (2) Any person who fails to comply with any provision of s.
120       (2) A person, whether or not exempt from registration under     149   559.72 is liable for actual damages and for additional statutory
121   this part, who violates s. 559.72 is subject to sanctions the       150   damages as the court may allow, but not exceeding $1,000,
122   same as any other consumer debt collector, including imposition     151   together with court costs and reasonable attorney’s fees
123   of an administrative fine. The registration of a duly registered    152   incurred by the plaintiff. In determining the defendant’s
124   out-of-state consumer debt collector is subject to revocation or    153   liability for any additional statutory damages, the court shall
125   suspension in the same manner as the registration of any other      154   consider the nature of the defendant’s noncompliance with s.
126   registrant under this part.                                         155   559.72, the frequency and persistence of the noncompliance, and

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      Florida Senate - 2025                         COMMITTEE AMENDMENT         Florida Senate - 2025                            COMMITTEE AMENDMENT
      Bill No. SB 232                                                           Bill No. SB 232




                              Ì109918JÎ109918                                                           Ì109918JÎ109918


156   the extent to which the noncompliance was intentional. In a         185       (b) “Credit service organization” does not include:
157   class action lawsuit brought under this section, the court may      186       1. Any person authorized to make loans or extensions of
158   award additional statutory damages of up to $1,000 for each         187   credit under the laws of this state or the United States who is
159   named plaintiff and an aggregate award of additional statutory      188   subject to regulation and supervision by this state or the
160   damages up to the lesser of $500,000 or 1 percent of the            189   United States or a lender approved by the United States
161   defendant’s net worth for all remaining class members; however,     190   Secretary of Housing and Urban Development for participation in
162   the aggregate award may not provide an individual class member      191   any mortgage insurance program under the National Housing Act;
163   with additional statutory damages in excess of $1,000. The court    192       2. Any bank, savings bank, or savings and loan association
164   may award punitive damages and may provide such equitable relief    193   whose deposits or accounts are eligible for insurance by the
165   as it deems necessary or proper, including enjoining the            194   Federal Deposit Insurance Corporation or the Federal Savings and
166   defendant from further violations of this part. If the court        195   Loan Insurance Corporation, or a subsidiary of such bank,
167   finds that the suit fails to raise a justiciable issue of law or    196   savings bank, or savings and loan association;
168   fact, the plaintiff is liable for court costs and reasonable        197       3. Any credit union, federal credit union, or out-of-state
169   attorney’s fees incurred by the defendant.                          198   credit union doing business in this state;
170       Section 5.   For the purpose of incorporating the amendment     199       4. Any nonprofit organization exempt from taxation under s.
171   made by this act to section 559.72, Florida Statutes, in a          200   501(c)(3) of the Internal Revenue Code;
172   reference thereto, paragraph (o) of subsection (1) of section       201       5. Any person licensed as a real estate broker by this
173   648.44, Florida Statutes, is reenacted to read:                     202   state if the person is acting within the course and scope of
174       648.44 Prohibitions; penalty.—                                  203   that license;
175       (1) A bail bond agent or bail bond agency may not:              204       6. Any person collecting consumer claims pursuant to s.
176       (o) Attempt to collect, through threat or coercion, amounts     205   559.72;
177   due for the payment of any indebtedness related to the issuance     206       7. Any person licensed to practice law in this state if the
178   of a bail bond in violation of s. 559.72.                           207   person renders services within the course and scope of his or
179       Section 6.   For the purpose of incorporating the amendment     208   her practice as an attorney and does not engage in the credit
180   made by this act to section 559.72, Florida Statutes, in a          209   service business on a regular and continuing basis;
181   reference thereto, paragraph (b) of subsection (2) of section       210       8. Any broker-dealer registered with the Securities and
182   817.7001, Florida Statutes, is reenacted to read:                   211   Exchange Commission or the Commodity Futures Trading Commission
183       817.7001 Definitions.—As used in this part:                     212   if the broker-dealer is acting within the course and scope of
184       (2)                                                             213   that regulation; or

                                    Page 7 of 9                                                            Page 8 of 9
      2/7/2025 5:29:15 PM                                  577-01897-25         2/7/2025 5:29:15 PM                                     577-01897-25
      Florida Senate - 2025                           COMMITTEE AMENDMENT        Florida Senate - 2025                         COMMITTEE AMENDMENT
      Bill No. SB 232                                                            Bill No. SB 232




                                Ì109918JÎ109918                                                          Ì706006yÎ706006


214       9. Any consumer reporting agency as defined in the Federal                                     LEGISLATIVE ACTION
215   Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t.                             Senate                    .                   House
216       Section 7.   This act shall take effect upon becoming a law.                Comm: FAV                  .
217                                                                                  03/03/2025                  .
218   ================= T I T L E    A M E N D M E N T ================                                          .
219   And the title is amended as follows:                                                                       .
220       Delete everything before the enacting clause                                                           .
221   and insert:
222                           A bill to be entitled
223       An act relating to debt collection; amending s.
224       559.72, F.S.; revising prohibited practices for a debt
225       collector attempting to collect consumer debt; making
226       technical changes; reenacting ss. 559.565(2),
227       559.725(2), 559.77(1) and (2), 648.44(1)(o), and
228       817.7001(2)(b), F.S., relating to enforcement action
229       against out-of-state consumer debt collector, consumer                 The Committee on Commerce and Tourism (Gruters) recommended the
230       complaints and administrative duties, civil remedies,                  following:
231       prohibitions and penalties, and definitions,
232       respectively, to incorporate the amendment made to s.             1        Senate Amendment to Amendment (109918) (with title
233       559.72, F.S., in references thereto; providing an                 2    amendment)
234       effective date.                                                   3
235                                                                         4        Delete lines 83 - 85
236       WHEREAS, the Legislature finds that technical changes to s.       5    and insert:
237   559.72, Florida Statutes, are necessary to clarify that existing      6        (17) Communicate with the debtor between the hours of 9
238   law prohibiting communication between a debtor and a debt             7    p.m. and 8 a.m. in the debtor’s time zone without the prior
239   collector between the hours of 9 p.m. and 8 a.m. applies only to      8    consent of the debtor. This subsection does not apply to an e-
240   telephone calls, NOW, THEREFORE,                                      9    mail communication that is sent to an e-mail address and that
                                                                            10   otherwise complies with this section.



                                    Page 9 of 9                                                             Page 1 of 2
      2/7/2025 5:29:15 PM                                    577-01897-25        3/3/2025 10:54:11 AM                                 577-02082-25




      Florida Senate - 2025                           COMMITTEE AMENDMENT        Florida Senate - 2025                         COMMITTEE AMENDMENT
      Bill No. SB 232                                                            Bill No. SB 232




                                Ì706006yÎ706006                                                          Ì357150{Î357150


11                                                                                                       LEGISLATIVE ACTION
12    ================= T I T L E    A M E N D M E N T ================                Senate                    .                   House
13    And the title is amended as follows:                                            Comm: RCS                  .
14        Delete line 225                                                            03/03/2025                  .
15    and insert:                                                                                                .
16        collector attempting to collect consumer debt;                                                         .
17        providing applicability; making                                                                        .




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


                                                                            1        Senate Amendment (with title amendment)
                                                                            2
                                                                            3        Delete lines 93 - 95
                                                                            4    and insert:
                                                                            5        (17) Communicate with the debtor between the hours of 9
                                                                            6    p.m. and 8 a.m. in the debtor’s time zone without the prior
                                                                            7    consent of the debtor. This subsection does not apply to an e-
                                                                            8    mail communication that is sent to an e-mail address and which
                                                                            9    otherwise complies with this section.
                                                                            10



                                    Page 2 of 2                                                             Page 1 of 2
      3/3/2025 10:54:11 AM                                   577-02082-25        2/28/2025 12:52:15 PM                                577-02060-25
     Florida Senate - 2025                           COMMITTEE AMENDMENT
     Bill No. SB 232




                             Ì357150{Î357150


11   ================= T I T L E    A M E N D M E N T ================
12   And the title is amended as follows:
13       Delete line 4
14   and insert:
15       person attempting to collect consumer debt; providing
16       applicability; making a




                                   Page 2 of 2
     2/28/2025 12:52:15 PM                                  577-02060-25
      Florida Senate - 2025                                         SB 232         Florida Senate - 2025                                         SB 232



      By Senator Rodriguez




      40-00388-25                                              2025232__           40-00388-25                                                2025232__
1                             A bill to be entitled                          30    also be disclosed as required by subsection (6).
2          An act relating to debt collection; amending s.                   31         (4) Communicate or threaten to communicate with a debtor’s
3          559.72, F.S.; revising prohibited practices for a                 32    employer before obtaining final judgment against the debtor,
4          person attempting to collect consumer debt; making a              33    unless the debtor gives her or his permission in writing to
5          technical change; reenacting ss. 559.565(2),                      34    contact her or his employer or acknowledges in writing the
6          559.725(2), 559.77(1) and (2), 648.44(1)(o), and                  35    existence of the debt after the debt has been placed for
7          817.7001(2)(b), F.S., relating to enforcement action              36    collection. However, this does not prohibit a person from
8          against out-of-state consumer debt collector, consumer            37    telling the debtor that her or his employer will be contacted if
9          complaints and administrative duties, civil remedies,             38    a final judgment is obtained.
10         prohibitions and penalties, and definitions,                      39         (5) Disclose to a person other than the debtor or her or
11         respectively, to incorporate the amendment made to s.             40    his family information affecting the debtor’s reputation,
12         559.72, F.S., in references thereto; providing an                 41    whether or not for credit worthiness, with knowledge or reason
13         effective date.                                                   42    to know that the other person does not have a legitimate
14                                                                           43    business need for the information or that the information is
15    Be It Enacted by the Legislature of the State of Florida:              44    false.
16                                                                           45         (6) Disclose information concerning the existence of a debt
17         Section 1.   Section 559.72, Florida Statutes, is amended to      46    known to be reasonably disputed by the debtor without disclosing
18    read:                                                                  47    that fact. If a disclosure is made before such dispute has been
19         559.72 Prohibited practices generally.—Unless otherwise           48    asserted and written notice is received from the debtor that any
20    authorized by law, in collecting consumer debts, a no person may       49    part of the debt is disputed, and if such dispute is reasonable,
21    not shall:                                                             50    the person who made the original disclosure must reveal upon the
22         (1) Simulate in any manner a law enforcement officer or a         51    request of the debtor within 30 days the details of the dispute
23    representative of any governmental agency.                             52    to each person to whom disclosure of the debt without notice of
24         (2) Use or threaten force or violence.                            53    the dispute was made within the preceding 90 days.
25         (3) Tell a debtor who disputes a consumer debt that she or        54         (7) Willfully communicate with the debtor or any member of
26    he or any person employing her or him will disclose to another,        55    her or his family with such frequency as can reasonably be
27    orally or in writing, directly or indirectly, information              56    expected to harass the debtor or her or his family, or willfully
28    affecting the debtor’s reputation for credit worthiness without        57    engage in other conduct which can reasonably be expected to
29    also informing the debtor that the existence of the dispute will       58    abuse or harass the debtor or any member of her or his family.

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      Florida Senate - 2025                                         SB 232          Florida Senate - 2025                                         SB 232




      40-00388-25                                               2025232__           40-00388-25                                              2025232__
59         (8) Use profane, obscene, vulgar, or willfully abusive            88          (16) Mail any communication to a debtor in an envelope or
60    language in communicating with the debtor or any member of her         89     postcard with words typed, written, or printed on the outside of
61    or his family.                                                         90     the envelope or postcard calculated to embarrass the debtor. An
62         (9) Claim, attempt, or threaten to enforce a debt when such       91     example of this would be an envelope addressed to “Deadbeat,
63    person knows that the debt is not legitimate, or assert the            92     Jane Doe” or “Deadbeat, John Doe.”
64    existence of some other legal right when such person knows that        93          (17) Communicate with the debtor by telephone call between
65    the right does not exist.                                              94     the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without
66         (10) Use a communication that simulates in any manner legal       95     the prior consent of the debtor.
67    or judicial process or that gives the appearance of being              96          (a) The person may presume that the time a telephone call
68    authorized, issued, or approved by a government, governmental          97     is received conforms to the local time zone assigned to the area
69    agency, or attorney at law, when it is not.                            98     code of the number called, unless the person reasonably believes
70         (11) Communicate with a debtor under the guise of an              99     that the debtor’s telephone is located in a different time zone.
71    attorney by using the stationery of an attorney or forms or            100         (b) If, such as with toll-free numbers, an area code is not
72    instruments that only attorneys are authorized to prepare.             101    assigned to a specific geographic area, the person may presume
73         (12) Orally communicate with a debtor in a manner that            102    that the time a telephone call is received conforms to the local
74    gives the false impression or appearance that such person is or        103    time zone of the debtor’s last known place of residence, unless
75    is associated with an attorney.                                        104    the person reasonably believes that the debtor’s telephone is
76         (13) Advertise or threaten to advertise for sale any debt         105    located in a different time zone.
77    as a means to enforce payment except under court order or when         106         (18) Communicate with a debtor if the person knows that the
78    acting as an assignee for the benefit of a creditor.                   107    debtor is represented by an attorney with respect to such debt
79         (14) Publish or post, threaten to publish or post, or cause       108    and has knowledge of, or can readily ascertain, such attorney’s
80    to be published or posted before the general public individual         109    name and address, unless the debtor’s attorney fails to respond
81    names or any list of names of debtors, commonly known as a             110    within 30 days to a communication from the person, unless the
82    deadbeat list, for the purpose of enforcing or attempting to           111    debtor’s attorney consents to a direct communication with the
83    enforce collection of consumer debts.                                  112    debtor, or unless the debtor initiates the communication.
84         (15) Refuse to provide adequate identification of herself         113         (19) Cause a debtor to be charged for communications by
85    or himself or her or his employer or other entity whom she or he       114    concealing the true purpose of the communication, including
86    represents if requested to do so by a debtor from whom she or he       115    collect telephone calls and telegram fees.
87    is collecting or attempting to collect a consumer debt.                116         Section 2.   For the purpose of incorporating the amendment

                                  Page 3 of 8                                                                   Page 4 of 8
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       Florida Senate - 2025                                        SB 232           Florida Senate - 2025                                         SB 232




       40-00388-25                                                2025232__          40-00388-25                                                2025232__
117    made by this act to section 559.72, Florida Statutes, in a             146    references thereto, subsections (1) and (2) of section 559.77,
118    reference thereto, subsection (2) of section 559.565, Florida          147    Florida Statutes, are reenacted to read:
119    Statutes, is reenacted to read:                                        148         559.77 Civil remedies.—
120         559.565 Enforcement action against out-of-state consumer          149         (1) A debtor may bring a civil action against a person
121    debt collector.—The remedies of this section are cumulative to         150    violating the provisions of s. 559.72 in the county in which the
122    other sanctions and enforcement provisions of this part for any        151    alleged violator resides or has his or her principal place of
123    violation by an out-of-state consumer debt collector, as defined       152    business or in the county where the alleged violation occurred.
124    in s. 559.55(11).                                                      153         (2) Any person who fails to comply with any provision of s.
125         (2) A person, whether or not exempt from registration under       154    559.72 is liable for actual damages and for additional statutory
126    this part, who violates s. 559.72 is subject to sanctions the          155    damages as the court may allow, but not exceeding $1,000,
127    same as any other consumer debt collector, including imposition        156    together with court costs and reasonable attorney’s fees
128    of an administrative fine. The registration of a duly registered       157    incurred by the plaintiff. In determining the defendant’s
129    out-of-state consumer debt collector is subject to revocation or       158    liability for any additional statutory damages, the court shall
130    suspension in the same manner as the registration of any other         159    consider the nature of the defendant’s noncompliance with s.
131    registrant under this part.                                            160    559.72, the frequency and persistence of the noncompliance, and
132         Section 3.   For the purpose of incorporating the amendment       161    the extent to which the noncompliance was intentional. In a
133    made by this act to section 559.72, Florida Statutes, in a             162    class action lawsuit brought under this section, the court may
134    reference thereto, subsection (2) of section 559.725, Florida          163    award additional statutory damages of up to $1,000 for each
135    Statutes, is reenacted to read:                                        164    named plaintiff and an aggregate award of additional statutory
136         559.725 Consumer complaints; administrative duties.—              165    damages up to the lesser of $500,000 or 1 percent of the
137         (2) The office shall inform and furnish relevant                  166    defendant’s net worth for all remaining class members; however,
138    information to the appropriate regulatory body of the state or         167    the aggregate award may not provide an individual class member
139    the Federal Government, or The Florida Bar in the case of              168    with additional statutory damages in excess of $1,000. The court
140    attorneys, if a person has been named in a consumer complaint          169    may award punitive damages and may provide such equitable relief
141    pursuant to subsection (3) alleging violations of s. 559.72. The       170    as it deems necessary or proper, including enjoining the
142    Attorney General may take action against any person in violation       171    defendant from further violations of this part. If the court
143    of this part.                                                          172    finds that the suit fails to raise a justiciable issue of law or
144         Section 4.   For the purpose of incorporating the amendment       173    fact, the plaintiff is liable for court costs and reasonable
145    made by this act to section 559.72, Florida Statutes, in               174    attorney’s fees incurred by the defendant.

                                     Page 5 of 8                                                                Page 6 of 8
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       Florida Senate - 2025                                        SB 232           Florida Senate - 2025                                        SB 232




       40-00388-25                                               2025232__           40-00388-25                                              2025232__
175         Section 5.   For the purpose of incorporating the amendment       204         4. Any nonprofit organization exempt from taxation under s.
176    made by this act to section 559.72, Florida Statutes, in a             205    501(c)(3) of the Internal Revenue Code;
177    reference thereto, paragraph (o) of subsection (1) of section          206         5. Any person licensed as a real estate broker by this
178    648.44, Florida Statutes, is reenacted to read:                        207    state if the person is acting within the course and scope of
179         648.44 Prohibitions; penalty.—                                    208    that license;
180         (1) A bail bond agent or bail bond agency may not:                209         6. Any person collecting consumer claims pursuant to s.
181         (o) Attempt to collect, through threat or coercion, amounts       210    559.72;
182    due for the payment of any indebtedness related to the issuance        211         7. Any person licensed to practice law in this state if the
183    of a bail bond in violation of s. 559.72.                              212    person renders services within the course and scope of his or
184         Section 6.   For the purpose of incorporating the amendment       213    her practice as an attorney and does not engage in the credit
185    made by this act to section 559.72, Florida Statutes, in a             214    service business on a regular and continuing basis;
186    reference thereto, paragraph (b) of subsection (2) of section          215         8. Any broker-dealer registered with the Securities and
187    817.7001, Florida Statutes, is reenacted to read:                      216    Exchange Commission or the Commodity Futures Trading Commission
188         817.7001 Definitions.—As used in this part:                       217    if the broker-dealer is acting within the course and scope of
189         (2)                                                               218    that regulation; or
190         (b) “Credit service organization” does not include:               219         9. Any consumer reporting agency as defined in the Federal
191         1. Any person authorized to make loans or extensions of           220    Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t.
192    credit under the laws of this state or the United States who is        221         Section 7.   This act shall take effect July 1, 2025.
193    subject to regulation and supervision by this state or the
194    United States or a lender approved by the United States
195    Secretary of Housing and Urban Development for participation in
196    any mortgage insurance program under the National Housing Act;
197         2. Any bank, savings bank, or savings and loan association
198    whose deposits or accounts are eligible for insurance by the
199    Federal Deposit Insurance Corporation or the Federal Savings and
200    Loan Insurance Corporation, or a subsidiary of such bank,
201    savings bank, or savings and loan association;
202         3. Any credit union, federal credit union, or out-of-state
203    credit union doing business in this state;

                                   Page 7 of 8                                                                   Page 8 of 8
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     Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 232




                             Ì706006yÎ706006


                             LEGISLATIVE ACTION
           Senate                    .                   House
          Comm: FAV                  .
         03/03/2025                  .
                                     .
                                     .
                                     .




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


1        Senate Amendment to Amendment (109918) (with title
2    amendment)
3
4        Delete lines 83 - 85
5    and insert:
6        (17) Communicate with the debtor between the hours of 9
7    p.m. and 8 a.m. in the debtor’s time zone without the prior
8    consent of the debtor. This subsection does not apply to an e-
9    mail communication that is sent to an e-mail address and that
10   otherwise complies with this section.



                                Page 1 of 2
     3/3/2025 10:54:11 AM                                 577-02082-25
     Florida Senate - 2025                           COMMITTEE AMENDMENT
     Bill No. SB 232




                             Ì706006yÎ706006


11
12   ================= T I T L E    A M E N D M E N T ================
13   And the title is amended as follows:
14       Delete line 225
15   and insert:
16       collector attempting to collect consumer debt;
17       providing applicability; making




                                   Page 2 of 2
     3/3/2025 10:54:11 AM                                   577-02082-25
7l>l ?nLt                                                               The Florida Senate

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Address     (")q f
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       lam appearing without
                                                                 J
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       compensation or sponsorship.                                   representr ng:                                      something ofvalue for my appearance
                                                                                                                          (travel, meals, lodging, etc.),


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This form is part of the public record for this meeting.                                                                                         s-001 (08/10/2021\
                                                                       The Florida Senate
March 3,2025                                                 APPEARANCE RECORD                                     232
                    Meeting Date                                                                                                              orTopic
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Gommerce and Tourism                                          Senate professional staff conducting the meeting     109918
                     Committee                                                                                                          Barcode (if applicable)


Name
           Victoria Zepp                                                                            Phone
                                                                                                             833.618.8180

Address 310 W. College Avenue
                                                                                                 . Emait Victoria@team180.com
           Street


           Tallahassee                                FL                        32301
           City                                      State                     Zp



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                                                             PLEASE CHECKONE OFTHE FOLLOWING:

    lam appearlng without                                          I am a reglstered lobbyist,                          am not a lobbylst but recelved
lEl compensation or sponsorship.                                   representing:
                                                                                                                   lEl something
                                                                                                                        I
                                                                                                                                  of value for my appeannce
                                                                                                                        (travel, meals, lodging, etc.),
                                                                                                                        sponsored by:
                                                              Self Storage Association




This form is part of the public record furthis meeting.                                                                                           s{01 (08110120211
                                                                         The Florida Senate
 March 3,2025                                                                                                          SB 232
                                                              APPEARANCE RECORD
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 Commerce and Tourism                                           Senate professional staff conducting the meeting
                                                                                                                       '109918
                    Committee                                                                                               Amendment Barcode (if applicable)

            James A. Kowalski Jr.                                                                              904 356 8371 x325
Name                                                                                                   Phone


            126 West Adams Street                                                                              jim.kowalski@jaxlegalaid.org
Address                                                                                                Emait
           Street

            Jacksonville                               FL                         32202                                                         Reset Form
           City                                       State                      zip



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                                                                          The Florida Senate
March 3,2025                                                                                                         SB 232
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                                         The Florida Senate

                           Gommittee Agenda Request




To:            Senator Thomas Leek, Chair
               Committee on Commerce and Tourism

Subject: Committee Agenda Request
Date:          January 30,2025



I respectfully request that Senate Blill#232, relating to Debt Collection, be placed on the:

               committee agenda at your earliest possible convenience

        X      next committee agenda.




                                              Senator Ana Maria Rodriguez
                                              Florida Senate, District 40




File signed originalwith committee office                                               s-020 (03/2004)
                                                       The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           SB 600
INTRODUCER:     Senator Truenow
SUBJECT:        Manufacturing
DATE:           February 28, 2025               REVISED:


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



  I.    Summary:

        SB 600 creates the Statewide Office of Manufacturing (Office) within the Department of
        Commerce (department) to promote manufacturing statewide. The Chief Manufacturing Officer,
        who is appointed by the Secretary of Commerce, heads the program and, among other duties, is
        responsible for promoting, supporting, and coordinating manufacturing efforts in the state. In
        consultation with the Chief Manufacturing Officer and the state Manufacturing Extension
        Partnership, the department must report on manufacturing efforts in the state and submit the
        report by December 15, 2026, and every two years thereafter to the Governor and the
        Legislature.

        The bill creates the Florida Manufacturers’ Workforce Development Grant Program (program)
        within the department to fund proposed projects, subject to appropriation by the Legislature, that
        support small manufacturers in the state with the deployment of new technologies or
        cybersecurity infrastructure and provide training support to the workforce. Grants would be
        funded from the Economic Development Trust Fund. The department must provide a list of each
        awarded project annually and include such information in its annual incentives report.

        The bill creates the Florida Manufacturing Promotional Campaign (campaign), a marketing
        program to promote manufacturing products and businesses in the state. Participants must
        register with the department. The campaign would be funded by fees acquired by the department
        from campaign participants.

        The bill authorizes the department to adopt rules to administer the program and establish, by
        rule, the logos or product identifiers to be depicted for use in the campaign.

        The bill will have an impact on state expenditures. It does not appear to impact local government
        revenues and expenditures. See Section V, Fiscal Impact Statement.
BILL: SB 600                                                                                                      Page 2

          The bill takes effect July 1, 2025.

    II.   Present Situation:

          Manufacturing

          Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing
          employer. Since 2014, Florida has increased manufacturing employment by 23.3 percent, which
          outpaced the other 11 states in the top 12 for manufacturing.1 Manufacturing jobs generally pay
          higher wages than those in other industries. In 2022, the average annual wage for manufacturing
          jobs was over $74,000, a 6.6 percent increase from 2021.2

          The North American Industry Classification System (NAICS) is the standard used by federal
          statistical agencies to classify businesses by industry type for the purpose of statistical data
          collection and analysis related to the U.S. economy. NAICS Sector Codes 311-339 include
          unique manufacturing industries in Florida that have outpaced the nation in job growth, which
          include, but are not limited to, the following:3
          • Food manufacturing
          • Beverage and tobacco product manufacturing
          • Textile mills and textile product mills
          • Apparel manufacturing
          • Leather and allied product manufacturing
          • Wood product and paper manufacturing
          • Printing and related support activities
          • Petroleum and coal products manufacturing
          • Chemical manufacturing
          • Plastics and rubber products manufacturing
          • Nonmetallic mineral product manufacturing
          • Primary metal manufacturing
          • Fabricated metal product manufacturing
          • Machinery manufacturing
          • Computer and electronic product manufacturing
          • Electrical equipment and appliances
          • Transportation equipment manufacturing
          • Furniture and related product manufacturing
          • Miscellaneous manufacturing

          Additionally, manufacturing sectors with a high value-added component, such as aviation and
          aerospace, defense, microelectronics, medical devices and equipment, marine, fabricated metal
          products, and industrial machinery, have helped Florida’s small and mid-size manufacturers
          grow quickly.4

1
  Department of Commerce, 2023 Florida Manufacturing, 7, available at https://www.floridajobs.org/docs/default-
source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Feb. 28, 2025).
2
  Id. at 10.
3
  Id. at 114.
4
  Id. at 47
BILL: SB 600                                                                                                         Page 3


         Under the Local Manufacturing Development Program, a local government may adopt an
         ordinance establishing a local manufacturing development program through which the local
         government may grant master development approval for developing or expanding sites operated
         by manufacturers.5 Local governments may establish a manufacturing master development plan
         review process that allows new or expanding manufacturing businesses to go through a single
         local-level master development plan process and, upon approval, proceed to development
         without requiring additional approvals or permits, except for building permits. 6 The approval
         process must be coordinated with the department.7 Additionally, the department has developed a
         model local manufacturing development program ordinance to guide local governments that
         intend to establish a local manufacturing development program.8 Currently, only Manatee and
         Volusia County have adopted an ordinance.9

         Workforce Training Programs

         CareerSource Florida, a not-for-profit corporation administratively housed within the
         department,10 is the statewide workforce policy and investment board comprised of business and
         government leaders that helps Floridians enter, remain in, and advance in the workplace so that
         they may become more highly skilled and successful. The program also connects employers with
         qualified and skilled employees.11 Workforce training is administered through the 21 local
         workforce development boards.

         The Florida Job Growth Grant Fund is an economic development program that promotes public
         infrastructure and workforce training across the state. Proposals are reviewed by the department
         and chosen by the Governor to meet the demand for workforce or infrastructure needs in the
         communities they are awarded to.12


III.     Effect of Proposed Changes:

         Statewide Office of Manufacturing

         The bill creates s. 14.37, F.S., to establish the Statewide Office of Manufacturing (Office) within
         the department to support manufacturing within the state. The Office must be headed by the
         Chief Manufacturing Officer (Officer) who serves at the pleasure of the Secretary of the
         department. Duties of the Officer include:
         • Serving as the subject-matter expert on manufacturing;


5
  Section 163.3252, F.S.
6
  Id.
7
  Section 163.3253, F.S.
8
  Section 163.3252, F.S.
9
  Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at
https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-
contents/manufacturing-competitiveness-act-development-approval-program (last visited Feb. 28, 2025).
10
   Section 445.004(1), F.S.
11
   See CareerSource Florida, About Us, available at https://careersourceflorida.com/ (last visited Feb. 28, 2025).
12
   See s. 288.101, F.S.
BILL: SB 600                                                                                                        Page 4

        •    Promoting and coordinating manufacturing efforts in the state and identifying gaps across
             state-supported activities;
        •    Working with federal, state, regional, and local governmental entities and nongovernmental
             entities to align manufacturing priorities; and
        •    Engaging with state agencies and water management districts to innovate processes,
             programs, decision frameworks, and reporting mechanisms intended to support
             manufacturing in the state.

        All state and local governmental agencies must assist the Officer to the extent such assistance is
        consistent with law and budgetary constraints.

        In consultation with the Officer and the state Manufacturing Extension Partnership,13 the
        department must prepare a report on manufacturing efforts in the state, including information
        regarding the strength and economic importance of the manufacturing industry, and submit the
        report to the Governor, the President of the Senate, and the Speaker of the House of
        Representatives by December 15, 2026, and every two years thereafter.

        Florida Manufacturer’s Workforce Development Grant Program

        The bill creates s. 288.103, F.S., to establish the Florida Manufacturers’ Workforce Development
        Grant Program (program) within the department. The program will fund proposed projects,
        subject to appropriation by the Legislature, that support small manufacturers in the state in
        deploying new technologies or cybersecurity infrastructure and providing training support to the
        workforce.

        The department, in coordination with the Officer and the state Manufacturing Extension
        Partnership, must review applicants and select projects for awards that create strategic
        investments in workforce training to facilitate the deployment of new technologies or
        cybersecurity infrastructure. Priority must be given to projects with innovative plans, advanced
        technologies, and development strategies focusing on workforce development for small
        manufacturers across the state.

        Grants awarded under the program must be administered by the department from the Economic
        Development Trust Fund under s. 288.095, F.S. Applicants are authorized to seek workforce
        development and operations funding. However, grant funding may not be used to pay salary,
        benefits, or general business or office expenses.

        Each year, the department must provide the public with a list of all awarded projects, detailing
        how each project benefits the program's goals and objectives and the project’s current status.
        This information must be included in the department’s annual incentives report under s.
        288.0065, F.S. The department may adopt rules to implement this provision.


13
  FloridaMakes is the official representative of the Manufacturing Extension Partnership (MEP) in Florida. The MEP, which
provides U.S. manufacturers with access to resources, is a public-private partnership comprised of the National Institute of
Standards and Technology’s Manufacturing Extension Partnership, 51 MEP centers located in all 50 states and Puerto Rico,
and over 1,300 advisors and experts at more than 400 MEP service locations. See https://www.floridamakes.com/about-
us/how-we-help (last visited Feb. 28, 2025).
BILL: SB 600                                                                                      Page 5

      Florida Manufacturing Promotional Campaign

      The Legislature finds that there is a need for the Florida Manufacturing Promotional Campaign
      (campaign) to do the following in the state:
      • Increase consumer awareness of manufacturing;
      • Expand market exposure for manufactured products and goods; and
      • Inspire future generations of entrepreneurs, fabricators, and skilled workers to build and grow
         domestic businesses and manufacturing operations.

      The Legislature also finds that the campaign is a partnership between industry and the state to
      promote and advertise such products efficiently.

      The bill defines the following terms:
      • “Campaign” means the Florida Manufacturing Promotional Campaign.
      • “Department” means the Department of Commerce.
      • “Manufactured product” means any tangible personal property fabricated or produced, often
         through industrial or mechanical processes. The term includes items sold or leased to
         consumers.
      • “Person” means an individual, firm, partnership, corporation, association, business, trust,
         legal representative, or any other business unit.

      The bill creates s. 559.973, F.S., to establish the campaign within the department, under the
      Office's supervision, and in coordination with the state Manufacturing Extension Partnership.
      The campaign's purpose is to serve as a marketing program to promote manufacturing products
      and businesses in the state. In promoting the campaign, the department must do the following:
      • Develop logos for the campaign and authorize the use of such logos as provided by rule;
      • Register campaign participants;
      • Collect rental receipts for industry promotions;
      • Develop in-kind advertising programs; and
      • Contract with media representatives to disperse promotional materials.

      The bill creates s. 559.974, F.S., to establish campaign registration requirements. Campaign
      participants must register annually with the department in a form and manner as prescribed by
      the department.

      The bill creates s. 559.976, F.S., to authorize the department to adopt rules to implement the
      campaign. The department is authorized to establish the logos or product identifiers to be
      depicted for use in the campaign for advertising, publicizing, and promoting the sale of
      manufactured products in the state. The department is authorized to adopt any other necessary
      rules to ensure compliance with the provision, including, but not limited to, rules governing
      participant registration, registration renewal, membership classes, application forms, and other
      forms and enforcement measures.

      The bill takes effect July 1, 2025.
BILL: SB 600                                                                                            Page 6

IV.        Constitutional Issues:

           A.      Municipality/County Mandates Restrictions:

                   None.

           B.      Public Records/Open Meetings Issues:

                   None.

           C.      Trust Funds Restrictions:

                   None.

           D.      State Tax or Fee Increases:

                   None.

           E.      Other Constitutional Issues:

                   None identified.

V.         Fiscal Impact Statement:

           A.      Tax/Fee Issues:

                   The promotional campaign created by this bill is funded by a fee authorized in SB 602, a
                   linked bill.

           B.      Private Sector Impact:

                   Manufacturing businesses may see increased demand due to receiving a Florida
                   Manufacturers’ Workforce Development Grant and/or participating in the Manufacturing
                   Promotional Campaign.

           C.      Government Sector Impact:

                   The department14 estimates the bill will have a total cost of $251,021 for the hiring of the
                   following personnel to implement the bill:
                   • Chief Manufacturing Officer - $163,300
                   • Professional employee expense package - $11,664
                   • Government Operations Consultant II - $71,000
                   • Support employee expense package - $5,057

                   The bill does not appear to impact local government revenues and expenditures.



14
     Department of Commerce analysis for SB 600. On file with Senate Commerce and Tourism Committee.
 BILL: SB 600                                                                                                                         Page 7

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        The bill creates the Office in s. 14.37, F.S. However, s. 20.60, F.S., which creates and provides
        the organization and duties of the department, where the Office is to be located, may be
        preferable for organizational clarity.

        The biennial reporting on manufacturing efforts could potentially be integrated into the
        department’s annual report required by s. 20.60(10), F.S.

        The Legislature may wish to clarify whether the workforce development grant awards will be
        made solely at the discretion of the department.

        To avoid duplication of effort and funds in workforce training, the Legislature could consider
        requiring coordination with CareerSource Florida in the consideration and award of grants.

        The Legislature could consider whether the grant program and promotional campaign should be
        included in the economic development program reviews conducted by the Office of Program
        Policy Analysis and Government Accountability and the Office of Economic & Demographic
        Research pursuant to s. 288.0001, F.S.

        The promotional campaign is created in Chapter 559, F.S., Regulation of Trade, Commerce, and
        Investments, Generally. The promotional campaign could potentially be created in Chapter 288,
        F.S., Commercial Development and Capital Improvements.

VIII.   Statutes Affected:

        This bill creates sections 14.37, 288.103, 559.971, 559.976, 559.972, 559.973, and 559.974 of
        the Florida Statutes.

 IX.    Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
      Florida Senate - 2025                                         SB 600         Florida Senate - 2025                                         SB 600



      By Senator Truenow




      13-00614A-25                                               2025600__         13-00614A-25                                               2025600__
1                             A bill to be entitled                          30         Economic Development Trust Fund; requiring the
2          An act relating to manufacturing; creating s. 14.37,              31         department to include certain information in its
3          F.S.; creating the Statewide Office of Manufacturing              32         annual incentives report; authorizing the department
4          within the Department of Commerce for a certain                   33         to adopt rules; creating part XIV of ch. 559, F.S., to
5          purpose; requiring that the office be headed by a                 34         be entitled “Florida Manufacturing Promotional
6          Chief Manufacturing Officer appointed by and serving              35         Campaign”; creating s. 559.971, F.S.; providing
7          at the pleasure of the Secretary of Commerce;                     36         legislative findings; creating s. 559.972, F.S.;
8          providing responsibilities for the Chief Manufacturing            37         defining terms; creating s. 559.973, F.S.; creating
9          Officer; directing all state and local governmental               38         the Florida Manufacturing Promotional Campaign within
10         entities to assist the Chief Manufacturing Officer;               39         the Department of Commerce; providing the purpose of
11         requiring the department to biennially prepare a                  40         the campaign; requiring the department to take certain
12         report regarding manufacturing efforts in this state;             41         actions in promoting the campaign; creating s.
13         requiring the department to submit its report on a                42         559.974, F.S.; requiring persons that participate in
14         specified date and biennially thereafter to the                   43         the campaign to register annually with the department;
15         Governor and the Legislature; requiring that the                  44         creating s. 559.976, F.S.; authorizing the department
16         report include certain information; creating s.                   45         to adopt rules; authorizing the department to
17         288.103, F.S.; creating the Florida Manufacturers’                46         establish, by rule, the logos or product identifiers
18         Workforce Development Grant Program; providing that               47         to be depicted for use in the campaign; providing an
19         the grant program is created within the Department of             48         effective date.
20         Commerce and under the direction of the Chief                     49
21         Manufacturing Officer; providing a specified purpose              50    Be It Enacted by the Legislature of the State of Florida:
22         for the grant program; requiring the department, the              51
23         Chief Manufacturing Officer, and the state                        52         Section 1.   Section 14.37, Florida Statutes, is created to
24         Manufacturing Extension Partnership to review                     53    read:
25         applications submitted and to select specified                    54         14.37 Statewide Office of Manufacturing.—
26         projects; requiring that priority be given to projects            55         (1) The Statewide Office of Manufacturing is established
27         that meet certain criteria; authorizing applicants to             56    within the Department of Commerce for the purpose of supporting
28         seek funding for a specified purpose; requiring the               57    the manufacturing ecosystem statewide. The office shall be
29         department to administer the grant awards from the                58    headed by a Chief Manufacturing Officer, who is appointed by and

                                  Page 1 of 7                                                                  Page 2 of 7
     CODING: Words stricken are deletions; words underlined are additions.        CODING: Words stricken are deletions; words underlined are additions.
      Florida Senate - 2025                                         SB 600          Florida Senate - 2025                                         SB 600




      13-00614A-25                                              2025600__           13-00614A-25                                               2025600__
59    serves at the pleasure of the Secretary of Commerce.                   88          Section 2.   Section 288.103, Florida Statutes, is created to
60         (2) The Chief Manufacturing Officer shall:                        89     read:
61         (a) Serve as a subject-matter expert for the state on             90          288.103 Florida Manufacturers’ Workforce Development Grant
62    issues related to manufacturing.                                       91     Program.—
63         (b) Be responsible for promoting and coordinating                 92          (1) The Florida Manufacturers’ Workforce Development Grant
64    manufacturing efforts in this state and identifying gaps across        93     Program is created within the Department of Commerce, under the
65    state-supported activities.                                            94     direction of the Chief Manufacturing Officer and in consultation
66         (c) Provide strategic direction for interagency and cross-        95     with the state Manufacturing Extension Partnership, to fund
67    disciplinary initiatives to promote and support manufacturing in       96     proposed projects, subject to appropriation by the Legislature,
68    this state.                                                            97     which support small manufacturers in this state with the
69         (d) Work with federal, state, regional, and local                 98     deployment of new technologies or cybersecurity infrastructure
70    governmental entities and nongovernmental entities to align            99     and to provide training support to the workforce.
71    manufacturing priorities.                                              100         (2) The department, in coordination with the Chief
72         (e) Engage with state agencies and water management               101    Manufacturing Officer and the state Manufacturing Extension
73    districts to innovate processes, programs, decision frameworks,        102    Partnership, shall review applications submitted and select
74    and reporting mechanisms intended to support manufacturing in          103    projects for awards which create strategic investments in
75    this state.                                                            104    workforce training to facilitate the deployment of new
76         (3) All state and local governmental entities shall assist        105    technologies or cybersecurity infrastructure.
77    the Chief Manufacturing Officer to the extent such assistance is       106         (3) Priority must be given to projects with innovative
78    consistent with law and with budgetary constraints.                    107    plans, advanced technologies, and development strategies that
79         (4) The department shall prepare a report, in consultation        108    focus on workforce development for small manufacturers across
80    with the Chief Manufacturing Officer and the state Manufacturing       109    this state.
81    Extension Partnership, regarding manufacturing efforts in this         110         (4) Applicants may seek funding for workforce development
82    state. The department shall submit the report to the Governor,         111    and operations, but grant funding awarded under this section may
83    the President of the Senate, and the Speaker of the House of           112    not be used to pay salary and benefits or general business or
84    Representatives by December 15, 2026, and every 2 years                113    office expenses. Grants awarded under the program shall be
85    thereafter. The report must include information regarding the          114    administered by the department from the Economic Development
86    strength and economic importance of the manufacturing industry         115    Trust Fund established in s. 288.095.
87    in this state.                                                         116         (5) The department shall annually provide a list available

                                    Page 3 of 7                                                                 Page 4 of 7
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2025                                          SB 600          Florida Senate - 2025                                        SB 600




       13-00614A-25                                               2025600__           13-00614A-25                                               2025600__
117    to the public of each project awarded, the benefit of each              146    property that has been fabricated or produced, often through
118    project in meeting the goals and objectives of the program, and         147    industrial or mechanical processes. The term includes items sold
119    the current status of each project. The department must include         148    or leased to consumers.
120    such information in its annual incentives report required under         149         (4) “Person” means an individual, a firm, a partnership, a
121    s. 288.0065.                                                            150    corporation, an association, a business, a trust, a legal
122         (6) The department may adopt rules to implement this               151    representative, or any other business unit.
123    section.                                                                152         Section 6.   Section 559.973, Florida Statutes, is created to
124         Section 3.   Part XIV of chapter 559, Florida Statutes,            153    read:
125    consisting of ss. 559.971-559.976, Florida Statutes, is created         154         559.973 Florida Manufacturing Promotional Campaign;
126    and entitled “Florida Manufacturing Promotional Campaign.”              155    purpose; duties of the department.—There is created within the
127         Section 4.   Section 559.971, Florida Statutes, is created to      156    department, under the supervision of the Chief Manufacturing
128    read:                                                                   157    Officer and in coordination with the state Manufacturing
129         559.971 Legislative findings.—The Legislature finds that           158    Extension Partnership, the Florida Manufacturing Promotional
130    there is a need for the Florida Manufacturing Promotional               159    Campaign. The purpose of the campaign is to serve as a marketing
131    Campaign to increase consumer awareness of manufacturing                160    program to promote manufacturing products and businesses in this
132    activities in this state, to expand market exposure for                 161    state. In promoting the campaign, the department shall do all of
133    manufactured products and goods in this state, and to inspire           162    the following:
134    future generations of entrepreneurs, fabricators, and skilled           163         (1) Develop logos for the campaign and authorize the use of
135    workers to build and grow domestic businesses and manufacturing         164    such logos as provided by rule.
136    operations in this state. The Legislature further finds that the        165         (2) Register campaign participants.
137    campaign is a partnership between industry and the state to             166         (3) Collect rental receipts for industry promotions.
138    promote and advertise such products efficiently.                        167         (4) Develop in-kind advertising programs.
139         Section 5.   Section 559.972, Florida Statutes, is created to      168         (5) Contract with media representatives for the purpose of
140    read:                                                                   169    dispersing promotional materials.
141         559.972 Definitions.—As used in this part, the term:               170         Section 7.   Section 559.974, Florida Statutes, is created to
142         (1) “Campaign” means the Florida Manufacturing Promotional         171    read:
143    Campaign.                                                               172         559.974 Registration.—A person that participates in the
144         (2) “Department” means the Department of Commerce.                 173    campaign must register annually with the department in a form
145         (3) “Manufactured product” means any tangible personal             174    and manner as prescribed by the department.

                                   Page 5 of 7                                                                    Page 6 of 7
      CODING: Words stricken are deletions; words underlined are additions.          CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2025                                         SB 600




       13-00614A-25                                              2025600__
175         Section 8.   Section 559.976, Florida Statutes, is created to
176    read:
177         559.976 Rulemaking authority.—The department may adopt
178    rules that implement and administer this part. By rule, the
179    department may establish the logos or product identifiers to be
180    depicted for use in the campaign for advertising, publicizing,
181    and promoting the sale of manufactured products in this state.
182    The department may also adopt any other rules as deemed
183    necessary to ensure compliance with this part, including, but
184    not limited to, rules governing participant registration,
185    renewal of registration, classes of membership, application
186    forms, and other forms and enforcement measures.
187         Section 9.   This act shall take effect July 1, 2025.




                                   Page 7 of 7
      CODING: Words stricken are deletions; words underlined are additions.
                           2025 AGENCY LEGISLATIVE BILL ANALYSIS
                                          Department of Commerce

                                              BILL IN            TION

BILL NUMBER:             SB 600

BILL TITLE:

BILL SPONSOR:            Truenow

EFFECTIVE DATE:          7t1t2025


         COMMITTEES OF REFERENCE                                               CURRENT GOMMITTEE
1) Senate Commerce and Tourism                                   N/A

2) Senate ApproPriations on TED

3) Senate ApproPriations                                                            SIMILAR BILLS
                                                                 BILL NUMBER:       SB 602
4l
                                                                 SPONSOR:           Truenow
5)



                                                                                  IDENTICAL BILLS
              PREVIOUS LEGISLATION                               BILL NUMBER:        HB 561
BILL NUMBER:                                                     SPONSOR:            Cobb
                   N/A
SPONSOR:

YEAR:                                                            ls this bill part of an agen cv packaqe?

LAST ACTION:                                                      No




                                       BILL ANALYSIS IN

DATE OF ANALYSIS:                   2t26t25

LEAD AGENCY ANALYST                 Stephen Marante

ADDTilONAL ANALYST(S):              Chad Corriveau, Jason Mahon, Abigail Mainor, Pa ul Forrester

LEGAL ANALYST:                      Karen Gates
FISCAL ANALYST:                     Caroline Womack, Janis Timmons
2025 Agency Bill Analysis




                                                    POLIGY ANALYSIS

     1. EXECUTIVE SUMMARY
    This bill establishes new initiatives to bolster manufacturing in the state, including the creation of the Statewide Office
    of Manufacturing within the Department of Commerce ("FloridaCommerce").


    2. SUBSTANTIVE BILL ANALYSIS
     1. PRESENT SITUATION:
     Manufacturinq in Florida
    Florida's manufacturing output (GDP) hasgrownfrom $43.5 billion in 2014to $73 billion in2022,a67.8o/o growth rate
    over nine years. This rate of growth has significantly outpaced all other leading manufacturing states. Florida's
    manufacturing employment reached 422,800 in September 2023, passing both Georgia and New York to become the
    1Oth largest state in the country for manufacturing employment. Manufacturing employment has grown by 23.3%
    since 2014. Based on September 2023 data, Florida added an additional 13,605 manufacturing jobs over nine months
    of 2023. Manufacturing jobs tend to pay relatively higher wages, increase productivity, and are economically resilient
    against downturns. Furthermore, in Florida, manufacturing benefits small and large employers alike, each playing a
    role in the success of the industry, and all regions of the state, urban and rural.


    Manufacturinq Extension Partnership
    The Manufacturing Extension Partnership (MEP) National Network is a public-private partnership that delivers
    comprehensive solutions to U.S. manufacturers, fueling growth and advancing U.S. manufacturing. MEP is part of the
    U.S. Department of Commerce's National lnstitute of Standards and Technology (NIST). The MEP National Network,
    whose mission is to strengthen and empower U.S. manufacturers, comprises NIST's Manufacturing Extension
    Partnership (NIST MEP), the 51 MEP Centers located in all 50 states and Puerto Rico, the MEP Advisory Board, MEP
    Center boards, and the Foundation for Manufacturing Excellence, as well as over 1,440 trusted advisors and experts
    atapproximately460 MEP service locations, providing any U.S. manufacturerwith accessto resourcesthey need to
    succeed.
    FloridaMakes is the official representative of the MEP National Network and NIST MEP in the state of Florida.
    FloridaCommerce collaborates with FloridaMakes to promote and support the growth of Florida's manufacturing
    sector by providing resources, data, and partnership opportunities to manufacturers, often highlighting the industry's
    economic impact through initiatives like the "Florida Manufacturing Report" which is developed jointly by both entities.


    2. EFFECT OF THE BILL:
    Section 1. Section 14.37 , F.S., is created to read "Statewide Office of Manufacturing," which
    1. Establishes the Statewide Office of Manufacturing within FloridaCommerce to support Florida's manufacturing
         ecosystem and creates a Chief Manufacturing Otficer position within FloridaCommerce.
    2. ldentifies the Chief Manufacturing Officer's duties, including:
       a. Serving as a subject-matter expert for the state on issues related to manufacturing.
       b. Being responsible for promoting and coordinating manufacturing efforts in this state and identifying gaps
              across state-su pported activities.
         c. Providing strategic direction for interagency and cross disciplinary initiatives to promote and support
               manufacturing in this state.
         d. Working with federal, state, regional, and local governmental entities and nongovernmental entities to align
              manufacturing priorities.
         e. Engaging with state agencies and water management districts to innovate processes, programs, decision
              frameworks, and reporting mechanisms intended to support manufacturing in this state.
    3. Requires all state and local governmental entities to assist the Chief Manufacturing Officer to the extent such
         assistance is consistent with law and budgetary constraints.
    4. Mandates FloridaCommerce to prepare a report, in consultation with the Chief Manufacturing Officer, regarding
         manufacturing efforts in this state, which shall be provided to the Governor, the President of the Senate, and the
         Speaker of the House of Representatives by December 15, 2026, and every 2 years thereafter. The report must
         include information regarding the strength and economic importance of the manufacturing industry in this state.

                                                                                                                              2
2025 Agency Bill Analysis




    Section 2. Section 288.103, F.S., is created to read "Florida Manufacturers'Workforce Development Grant Program,"
    which:
     1. Creates the Florida Manufacturers' Workforce Development Grant within FloridaCommerce, under the direction of
           the Chief Manufacturing Officer and in consultation with the state Manufacturing Extension Partnership, to fund
           proposed projects, subject to appropriation by the Legislature, which support small manufacturers in this state
           with the deployment of new technologies or cybersecurity infrastructure and to provide training support to the
           workforce.
    2. Mandates FloridaCommerce to review applications in coordination with the Chief Manufacturing Officer and select
           projects for awards which create strategic investments in workforce training to facilitate the deployment of new
           technologies or cybersecurity infrastructure.
    3.     Dictates priority must be given to projects with innovative plans, advanced technologies, and development
           strategies that focus on workforce development for small manufacturers across the state.
    4.     AllowJ applicants to seek funding for workforce development and operations, but grant funding awarded under
           this section may not be used to pay salary and benefits or general business or otfice expenses. Grants awarded
           under the program shall be administered by FloridaCommerce from the Economic Development Trust Fund
           established in section 288.095, F.S.
    5.     Requires FloridaCommerce to annually provide a public list of each project awarded, the benefit of each project in
           meeting the goals and objectives of the program, and the current status of each project. FloridaCommerce must
           include such information in its annual incentives report required under section 288.0065, F.S.
    6.     Gives FloridaCommerce authority to adopt rules to implement the program.


    Section 3 Part XIV of chapter 559, F.S, consisting of ss. 559.971-559.976, F.S., is created and entitled "Florida
    Man ufacturing Promotional Campaign."



    Section 4. Section 559.971, F.S., is created to read "Legislative Finding" and finds that there is a need for the Florida
    Manufacturing Promotional Campaign to increase consumer awareness of manufacturing activities in this state, to
    expand market exposure for manufactured products and goods in this state, and to inspire future generations of
    enirepreneurs, fabricators, and skilled workers to build and grow domestic businesses and manufacturing operations
    in this state. The Legislature further finds that the campaign is a partnership between industry and the state to
     promote and advertise such products efficiently.


    Section 5. Section 559.972, F.S., is created and defines:
     (1) "Campaign" means the Florida Manufacturing Promotional Campaign.
     (2) "Department" means the Department of Gommerce.
     (3) "Manufactured product" means any tangible personal property that has been fabricated or produced, often
    through industrial or mechanical processes. The term includes items sold or leased to consumers.
     (4) "Person" means an individual, a firm, a partnership, a corporation, an association, a business, a trust, a legal
     representative, or any other business unit.


     Section 6. Section 559.973, F.S., is created and mandates FloridaCommerce, underthe supervision of the Chief
     Manufacturing Officer and in coordination with the state Manufacturing Extension Partnership, to execute the Florida
     Manufacturing Promotional Campaign and requires FloridaCommerce to:


     (1)    Develop logos for the campaign and authorize the use of such logos as provided by rule
    (2)    Register campaign participants.
    (3)    Collect rental receipts for industry promotions.
    (4)    Develop in-kind advertising programs.
    (5)    Contract with media representatives for the purpose of dispersing promotional materials.



                                                                                                                             3
2025 Agency Bill Analysis




    Section 7. Section 559.974, F.S., is created and mandates that a person that participates in the campaign must
    register annually with FloridaCommerce in a form and manner prescribed by FloridaCommerce.


    Section 8. Section 559.976, F.S., is created and gives FloridaCommerce rulemaking authority, allowing itto
    implement and administer the Florida Manufacturing Promotional Campaign.


    Section 9. This act shall take effect July 1,2025.


    Statewide Office of Manufacturinq
    The bill creates the Statewide Office of Manufacturing within FloridaCommerce, which is led by a Chief Manufacturing
    Officer who serves as a subject-matter expert for the state on issues related to manufacturing.
     Florida Manufacturers' Workforce Development Grant Proqram
    The bill creates the Florida Manufacturers'Workforce Development Grant Program to support small manufacturers
    with new technologies, cybersecurity, and workforce training.
     Reportinq Requirements
    The bill mandates biennial reports from FloridaCommerce regarding manufacturing efforts in the state. The report
    must be created in consultation with the Chief Manufacturing Officer and the state Manufacturing Extension
    Partnership (FloridaMakes).
    Florida Manufacturinq Promotional Campaiqn
    The bill creates the Florida Manufacturing Promotional Campaign aimed at increasing consumer awareness and
    market exposu re for state-man ufactu red prod ucts.
    The bill specifies that the campaign will involve developing marketing logos, registering participants, and facilitating
    promotional activities.
    Rulemaking
    The bill provides FloridaCommerce with rulemaking authority to implement and administer the Florida Manufacturers'
    Workforce Development Grant Program and the Florida Manufacturing Promotional Campaign.



    3. DOES THE LEGISLATION DIRECT OR ALLOW THE AGENCY/BOARD/COMMISSION/DEPARTMENT TO
          DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR PROCEDURES?
       lf yes, explain:         The bill provides FloridaCommerce with rulemaking authority to implement and
                                admin ister the Florida Man ufacturers' Workforce Development Grant Prog ram
                                and the Florida Manufacturing Promotional Campaign.
       What is the expected
       impact to the agency's core
       mission?
       Rule(s) impacted (provide
       references to F.A.C., etc.)


    4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER GROUPS?
       List any known proponents      None known at this time
       and opponents:
       Provide a summary of the
       proponents' and opponents'
       positions:


    5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS BILL?
                                                                                                                               4
2025 Agency Bill Analysis



        lf yes, provide a               The bill mandates biennial reports from FloridaCommerce regard ing
        description:                    manufacturing efforts in the state. The report must be created in consultation
                                        with the ChieiManufacturing Officer and the state Manufacturing Extension
                                        Partnership (FloridaMakes).
        Date Due:                       December 15,2026, and every two years thereafter
        Bill Section Numbe(s):          Section 1


     6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK
          FORCES, COUNCILS, COMMISSION, ETC. REQUIRED BY THIS BILL?
        Board
                                        N/A
        Board Purpose

        Who Appointments:

        Appointee Term

        Changes

        Bill Section Numbe(s)

                                                     FISCAL ANALYSIS
     1. WHAT IS THE FISCAL IMPACT TO LOCAL GOVERNMENT?
        Revenues:
                                         N/A
        Expenditures:
        Does the legislation
        increase local taxes or
        fees?
        lf yes, does the legislation
        provide for a local
        referendum or local
        governing body Public vote
        prior to implementation of
        the tax or fee increase?

     2. WHAT IS THE FISCAL IMPACT TO STATE GOVERNMENT?
        Revenues:


        Expenditures:                   The Department estimates the follow ing expenditures related to hiring
                                        personnel to implement the bill:
                                        Chief Manufacturing Officer S/B $163,300; rate '1 1 5'000
                                        Professional employee expense package = $11,664
                                        Government Operations Consultant ll S/B $71,000; rate 50,000
                                        Support employee expense package = $5,057


                                        Total costs = $25'1,021; rate 165,000


         Does the legislation contain    No
         a State Government
         appropriation?


                                                                                                                         5
2025 Agency Bill Analysis



        lf yes, was this
        appropriated last year?


    3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE SECTOR?
        Revenues:
        Expenditures:
       Other:                         lndeterminant - the manufacturing sector in the state of Florida will benefit
                                      from the creation of an Office of Manufacturing and the increased investments
                                      made to bolster manufacturing, however, there are indeterminant fees that
                                      may be charged to participating manufacturers in the proposed manufacturing
                                      promotional campaign.



    4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR FINES?
       Does the bill increase
       taxes, fees or fines?          No
       Does the bill decrease         No
       taxes, fees or fines?
       What is the impact of the      N/A
       increase or decrease?
       Bill Section Number:




                                                 TECHNOLOGY IMPAGT
       Does the legislation impact    The bill will have a minimal technological impact, however there are potential
       the agency's technology        needs for software licensing and storage. The billwill require limited staff
       systems (i.e., lT support,     support.
       licensing software, data
       storage, etc.)?
       lf yes, describe the
       anticipated impact to the
       agency including any fiscal
       impact.


                                                     FEDERAL IMPACT
       Does the legislation have a
       federal impact (i.e. federal   N/A
       compliance, federal funding,
       federal agency involvement,
       etc.)?
       lf yes, describe the
       anticipated impact including
       any fiscal impact.




                                                                                                                       6
20"25 Rgency Bill Analysis




                                               ADDITIONAL GOMMENTS

The bill mandates that the Department of Commerce establish a promotional campaign with specific directives, including
contracting out certain components. This prescriptive approach, and the rationale behind requiring FloridaCommerce to
outsourcelspects of the promotional campaign, is not clearly articulated. This may limit the Department's flexibility to
administer the program in more cost-efficient and effective ways, such as utilizing internal resources or collaborating with
Agency partners.


Additionally, the establishment of the Florida Manufacturing Promotional Campaign within the Department of Commerce
lacks clarity regarding its primary objective. lt is unclear whether the campaign aims to market Florida's manufacturing
industry as a wnote oi to promote only those manufacturers who choose to participate in the campaign. This ambiguity
could lead to inconsistent messaging and mixed support among manufacturers. Clearly defining the campaign's scope
and target audience is essential to ensure the Department meets the needs for all stakeholders within Florida's
man ufacturing ecosystem.




                                                                                                                               7
2025 Agency Bill Analysis



                            LEGAL - GENERAL COUNSEL'S OFFIGE REVIEW
        ssues/concerns/com ments
        I                          Since the Statewide Office of Manufacturing is created within FloridaOommerce,
       and recommended action:     the office should be referenced in section 20.60, F.S., instead of section 14.37,
                                   F.S.




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            Cameron Fink                                                                              Phone
                                                                                                               850-933-4665

Address     516 North Adams St                                                                        Emait cfink@aif.com
           Saeet

            Tallahassee                                FL                         32301
           City                                       State                      Zip




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            Barney Bishop lll                                                                         Phone
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Address 1454 Vieux Carre Drive                                                                        Emair Barney@BarneyBishop.com
           Street

            Tallahassee                                FL                         32308
           City                                       State                      Zip




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            Beth Cicchetti/ FL Economic Dev Council                                                     Phone
                                                                                                                 850-212-1056

Address 3551 Blairstone Rd, Ste. 105-138                                                                Emair BKirkland@FEDConline.org
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            Tallahassee                                FL                           32301
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           John Ray                                                                                    Phone
                                                                                                                850.445.5044
Name


Address P.O. Box 7683                                                                                  Email    director@fl orida medtech.com
           Street


           Tallahassee                                FL                          32314
           City                                       State                       Zip



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 3t3t2025                                                       APPEARANCE RECORD                                    SB 600
                     Meeting Date                                                                                                  Bill Number orTopic
                                                                         Deliver both copies of this form to
 Commerce & Tourism                                               Senate professional staff conducting the meeting

                     Committee                                                                                             Amendment Barcode (if applicable)


Name
             FL First Capital Finance Corp-Michelle Griggs Phone (850) 681-3601

Address 1351 N. Gadsden Street                                                                          Emair michelle@ffcfc.com
            Street

            Tallahassee                                    FL                      32303
            City                                       State                       Zip




               Speaking:            For          Against       ffi lnformation OR                  Waive Speaking;   ln Support    m Against
                                                                PLEASE CHECK ONE OF THE FOLLOWING:

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




This form is part of the public record for this meeting.                                                                                           s-001 (08/10/20211
                                                THE FLORIDA SENATE                                     COMMITTEES:
                                                                                                       Agriculture, CharT
                                                                                                       Appropriations Commiftee on Agriculture, Environment,
                                                     Tallahassee, Florida 32399-1 100                   and General Government
                                                                                                       Appropriations Committee on Transportation,
                                                                                                        Tourism, and Economic Development
                                                                                                       Banking and lnsurance
                                                                                                       Fiscal Policy
                                                                                                       Military and Veterans Affairs, Space, and
                                                                                                        Domestic Security
                                                                                                       Transportation



SENATOR KEITH TRUENOW
       13th District


   February 24,2025

   Senator Tom Leek
   310 Senate Office Building
   Tallahassee,FL 32399

   Dear Chairman Leek,

   I am requesting that SB 600 Manufacturing be placed on the next available Commerce and
   Tourism Committee meeting.

   This good bill establishes The Statewide Office of Manufacturing within the Department of
   Commerce for the purpose of supporting the manufacturing ecosystem statewide. The office
   shall be headed by a Chief Manufacturing Officer, who is appointed by and serves at the pleasure
   of the Secretary of Commerce. They shall serve as a subject-matter expert for the state on issues
   related to manufacturing, be responsible for promoting and coordinating manufacturing efforts in
   this state and identi$ing gaps across state-supported activities, provide strategic direction for
   interagency and cross-disciplinary initiatives to promote and support manufacturing in this state,
   work with federal, state, regional, and local governmental entities and nongovernmental entities
   to align manufacturing priorities and engage with state agencies and water management districts
   to innovate processes, programs, decision frameworks, and reporting mechanisms intended to
   support manufacturing in this state.

   I appreciate your favorable consideration.

   Sincerely.

   /b#fi*--
   Senator Keith Truenow
   Senate District 13

   KT/dd

   cc: Todd McKay, Staff Director
       Renita Hayes, Administrative Assistant

                  REPLY TO:
                    O Lake CountyAgricultural Center, 1951 Woodlea Road, Tavares, Flotida32778 (352) 750-3133
                    O 16207 State Road 50, Suite 401, Clermont, Flotida 34711
                    O 304 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1 1 00 (850) 487-501 3
                                                     Senate's Website. www. fl sen ate. gov


                          BEN ALBRITTON                                                              JASON BRODEUR
                       President of the Senate                                                    President Pro Tempore
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           SB 602
INTRODUCER:     Senator Truenow
SUBJECT:        Fees/Florida Manufacturing Promotional Campaign
DATE:           February 28, 2025               REVISED:


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



  I.    Summary:

        SB 602 requires the Department of Commerce (department) to establish registration and renewal
        fees sufficient to fund the costs of administering the Florida Manufacturing Promotional
        Campaign (campaign). The department must assess and collect fees to promote the campaign and
        fees must be deposited into the Economic Development Trust Fund to be used solely for
        administering the campaign.

        SB 600 (Manufacturing), is a linked bill that creates the Statewide Office of Manufacturing
        within the department to promote the manufacturing ecosystem statewide. The bill also creates
        the campaign to serve as a marketing program to promote manufacturing products and
        businesses in the state. In promoting the campaign, the department must develop logos for the
        campaign, register campaign participants, collect rental receipts for industry promotions, develop
        in-kind advertising programs, and contract with media representatives to disperse promotional
        materials. A person who participates in the campaign must register annually with the department.

        The bill may have an indeterminate fiscal impact on the department for collecting fees to
        promote the campaign. There is no impact expected on local government revenues and
        expenditures. See Section V, Fiscal Impact Statement.

        The bill is effective on the same date that SB 600 (Manufacturing) or similar legislation takes
        effect if adopted in the same legislative session or any extension and becomes law.


 II.    Present Situation:

        Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing
        employer. Since 2014, Florida has increased manufacturing employment by 23.3 percent, which
BILL: SB 602                                                                                                      Page 2

        outpaced the other 11 states in the top 12 for manufacturing.1 Manufacturing jobs generally pay
        higher wages than those in other industries. In 2022, the average annual wage for manufacturing
        jobs was over $74,000, a 6.6 percent increase from 2021.2

        The North American Industry Classification System (NAICS) is the standard used by federal
        statistical agencies to classify businesses by industry type for the purpose of statistical data
        collection and analysis related to the U.S. economy. NAICS Sector Codes 311-339 include
        unique manufacturing industries in Florida that have outpaced the nation in job growth, which
        include, but are not limited to, the following:3
        • Food manufacturing
        • Beverage and tobacco product manufacturing
        • Textile mills and textile product mills
        • Apparel manufacturing
        • Leather and allied product manufacturing
        • Wood product and paper manufacturing
        • Printing and related support activities
        • Petroleum and coal products manufacturing
        • Chemical manufacturing
        • Plastics and rubber products manufacturing
        • Nonmetallic mineral product manufacturing
        • Primary metal manufacturing
        • Fabricated metal product manufacturing
        • Machinery manufacturing
        • Computer and electronic product manufacturing
        • Electrical equipment and appliances
        • Transportation equipment manufacturing
        • Furniture and related product manufacturing
        • Miscellaneous manufacturing

        Under the Local Manufacturing Development Program, a local government may adopt an
        ordinance establishing a local manufacturing development program through which the local
        government may grant master development approval for developing or expanding sites operated
        by manufacturers.4 Local governments may establish a manufacturing master development plan
        review process that allows new or expanding manufacturing businesses to go through a single
        local-level master development plan process and, upon approval, proceed to development
        without requiring additional approvals or permits, except for building permits. 5 The approval
        process must be coordinated with the department.6 Additionally, the department has developed a
        model local manufacturing development program ordinance to guide local governments that


1
  Department of Commerce, 2023 Florida Manufacturing, 7, available at https://www.floridajobs.org/docs/default-
source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Feb. 28, 2025).
2
  Id. at 10.
3
  Id. at 114.
4
  Section 163.3252, F.S.
5
  Id.
6
  Section 163.3253, F.S.
BILL: SB 602                                                                                                         Page 3

         intend to establish a local manufacturing development program.7 Currently, only Manatee and
         Volusia County have adopted an ordinance.8

         CareerSource Florida, a not-for-profit corporation administratively housed within the
         department,9 is the statewide workforce policy and investment board comprised of business and
         government leaders that helps Floridians enter, remain in, and advance in the workplace so that
         they may become more highly skilled and successful. The program also connects employers with
         qualified and skilled employees.10 Workforce training is administered through the 21 local
         workforce development boards.

         The Florida Job Growth Grant Fund is an economic development program that promotes public
         infrastructure and workforce training across the state. Proposals are reviewed by the department
         and chosen by the Governor to meet the demand for workforce or infrastructure needs in the
         communities they are awarded to.11

III.     Effect of Proposed Changes:

         The bill requires the department to establish, by rule, registration and renewal fees sufficient to
         fund the costs of administering the Florida Manufacturing Promotional Campaign. Fees must be
         deposited into the Economic Development Trust Fund under s. 288.095, F.S., to be used solely
         for administering the campaign.

         The bill is effective on the same date that SB 600 (Manufacturing) or similar legislation takes
         effect, if adopted in the same legislative session or any extension, and becomes law.


IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

                  None.

         B.       Public Records/Open Meetings Issues:

                  None.

         C.       Trust Funds Restrictions:

                  None.



7
  Section 163.3252, F.S.
8
  Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at
https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-
contents/manufacturing-competitiveness-act-development-approval-program (last visited Feb. 28, 2025).
9
  Section 445.004(1), F.S.
10
   See CareerSource Florida, About Us, available at https://careersourceflorida.com/ (last visited Feb. 28, 2025).
11
   See s. 288.101, F.S.
BILL: SB 602                                                                                              Page 4

           D.       State Tax or Fee Increases:

                    Section 19 of Article VII of the State Constitution requires a “state tax or fee imposed,
                    authorized, or raised under this section must be contained in a separate bill that contains
                    no other subject.” A “fee” is defined by the Florida Constitution to mean “any charge or
                    payment required by law, including any fee for service, fee or cost for licenses, and
                    charge for service.”12

                    Section 19 of Article VII of the State Constitution also requires that a tax or fee raised by
                    the Legislature must be approved by two-thirds of the membership of each house of the
                    Legislature.

           E.       Other Constitutional Issues:

                    None identified.

 V.        Fiscal Impact Statement:

           A.       Tax/Fee Issues:

                    The bill imposes a fee on manufacturing businesses who wish to participate in the Florida
                    Manufacturing Promotional Campaign.

           B.       Private Sector Impact:

                    Certain businesses registering with the campaign must pay a fee to promote their business
                    through the Florida Manufacturing Promotional Campaign.

           C.       Government Sector Impact:

                    Creating the Florida Manufacturing Promotional Campaign may have a fiscal impact on
                    the department. The department must do certain things to promote a manufacturing
                    campaign, and additional FTEs may be required.

VI.        Technical Deficiencies:

           None.

VII.       Related Issues:

           On line 21, it is unclear who must pay the department fees to promote the Manufacturing
           Promotional Campaign.

           The bill does not include criteria or standards for how the department will determine the amount
           of fees. In order to avoid a delegation issue, the fee language could require that campaign
           participants be accessed fees on a pro-rata basis, or by size of the business.


12
     FLA. CONST. art. VII, s. 19(d)(1).
 BILL: SB 602                                                                                                                         Page 5

VIII.   Statutes Affected:

        This bill creates section 559.975 of the Florida Statutes.

 IX.    Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
      Florida Senate - 2025                                        SB 602



      By Senator Truenow




      13-01254-25                                                2025602__
1                             A bill to be entitled
2          An act relating to fees; creating s. 559.975, F.S.;
3          requiring the Department of Commerce to establish by
4          rule registration and renewal fees sufficient to fund
5          the costs of administering the Florida Manufacturing
6          Promotional Campaign; requiring the department to
7          assess and collect fees for the purpose of promoting
8          the campaign; requiring that such fees be deposited
9          into the Economic Development Trust Fund for a
10         specified purpose; providing a contingent effective
11         date.
12
13    Be It Enacted by the Legislature of the State of Florida:
14
15         Section 1.   Section 559.975, Florida Statutes, is created to
16    read:
17         559.975 Fees.—
18         (1) The department shall establish by rule registration and
19    renewal fees sufficient to fund the costs of administering the
20    Florida Manufacturing Promotional Campaign.
21         (2) The department shall assess and collect fees for the
22    purpose of promoting the campaign.
23         (3) Fees must be deposited into the Economic Development
24    Trust Fund established in s. 288.095 to be used solely for
25    administering the campaign.
26         Section 2.   This act shall take effect on the same date that
27    SB 600 or other similar legislation takes effect, if such
28    legislation is adopted in the same legislative session or an
29    extension thereof and becomes a law.

                                    Page 1 of 1
     CODING: Words stricken are deletions; words underlined are additions.
                                                                           The Florida Senate
 31312025                                                      APPEARANCE RECORD                                    SB 602
                    Meeting Date                                                                                              Bill Number orTopic
                                                                        Deliver both copies of this form to
Commerce & Tourism                                               Senate professional staff conducting the meeting

                    Committee                                                                                          Amendment Barcode (if applicable)


Name
            FL First Capital Finance Corp-Michelle Griggs Phone (850) 681-3601

Address 1351 N. Gadsden Street                                                                         Emait michelle@ffcfc.com
           Strcet

            Tallahassee                                   FL                       32303
           City                                      State                        Zip




              Speaking:      ffi ror ffi ngainst ffi tnformation OR Waive Speaking: m ln Support m Against
                                                               PLEASE CHECK ONE OF THE FOLLOWING:

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




This form is part of the public record forthis meeting.                                                                                     s-001 (08/10/2021)
   '5'5 'z
                                                                        The Florida Senate

               .    Meeting Date
                                                             APPEARANCE RECORD
                                                                      Deliver both copies of this form to
                                                                                                                             bbL     Bill Number orTopic

   (t,rys7ypt<( & IaCrfiS n                                    Senate professional staff conducting the meeting

                     Committee                                                                                               Amendment Barcode (if applicable)


Name          LQr/et,u (blr', n-s                                                                      Phone
                                                                                                                   v50    ZLY (; ,2 -7t
Address                    8fr                                                                         Emair      Lq rlecaa        "eo)l 14 r' eq{,*1.
                                                                                                                                                        {dortPn'on
               b{
           Ctty                                                                 Zip




              Speaking: I            for !         Against I   lnformation OR                       waive Speaking:
                                                                                                                      Atn support I
                                                                                                                                            Against



                                                             PLEASE CHECK ONE OF THE FOLLOWING:

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

                                                                     I utntN!'>                                             sponsored by:




This form is part of the public record for this   meeting.                                                                                          5-001 (08/10/2021)
                                                                         The Florida Senate
3t3125                                                        APPEARANCE RECORD                                      SB 602
                    Meeting Date                                                                                                    Bill Number orTopic
                                                                       Deliver both copies of this form to
Senate Commerce                                                 Senate professional staff conductinq the meeting

                     Committee                                                                                              Amendmcnt Barcode (if applicable)

           John Ray                                                                                   Phone
                                                                                                               850.445.5044
Name


Address P.O. Box 7683                                                                                 ,n,",, director@floridamedtech.com
           Strcet

           Tallahassee                                 FL                         32314
           City                                       State                      zip



              Speaking:       lI ror l[ nsainst !               lnformation            OR waive speakins: lEl tn support El nsainst
                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

      lam appearing without
      compensation or sponsorship.
                                                               W representing:
                                                                  am a registered lobbyist,
                                                                     I
                                                                                                                     Itr   I am not a lobbyist, but received
                                                                                                                           something of value for my appearance
                                                                                                                           (travel, meals, lodging. etc.),
                                                               Florida Medical Manufacturers                               sponsored by:
                                                               Consortium (FMMC)



This form is part of the public record for this meeting.                                                                                             s-001 lo8l10/20211
                                                                          The Florida Senate
March 3,2025                                                  APPEARANCE RECORD                                          602
                    Meeting Date                                                                                                      Bill Number orTopic
                                                                        Dellver both copies of this form to
Commerce & Tourism                                               Senate professional staff conducting the meeting

                     Committee                                                                                                 Amendment Barcode (if applicable)


Name
            Barney Bishop lll                                                                          Phone
                                                                                                                    850-510-9922

Address 1454 Vieux Carre Drive                                                                         Emair Barney@BarneyBishop.com
           Street

            Tallahassee                                FL                          32308
           City                                       State                       zip




                                                              ffi tnformation OR waive Speaking: m ln Support E Against
                             i:
              speakins: ll_l:ror lL_li nguinrt


                                                               PLEASE CHECK ONE OF THE FOLLOWING:

E     lam appearing without
      compensation or sponsorship.                              W representing:
                                                                      I am a registered lobbyist,
                                                                                                                         Itr something
                                                                                                                                not lobbyist, but
                                                                                                                             I am     a
                                                                                                                                              for
                                                                                                                                          of value
                                                                                                                                                      received
                                                                                                                                                      my appearance
                                                                                                                             (travel, meals, lodging. etc.),
                                                                 EDC of Florida Space Coast                                  sponsored by:




This form is part of the public record for this meeting.                                                                                             s-00'l (08/10/2021\
                                                                           The Florida Senate
 3t3t25                                                       APPEARANCE RECORD                                        sB 0602
                    Meeting Date                                                                                                    Bill Number orTopic
                                                                         Deliver both copies of this form to
Commerce & Tourism                                                Senate professional staff conducting the meeting

                     Committee                                representing organization:                                    Amendment Barcode (if applicable)


Name
            Beth Cicchettil FL Economic Development                                                     Phone
                                                                                                                 850-212-1056

Address     3551 Blairstone Road, Ste. 105-138                                                          Emair BKirkland@FEDConline.org
           Strcet

            Tallahassee                               FL                            32301
           City                                       State                        Zip



              speaking:       [! rot ffi nquinrt ffi lnformation OR waive Speaking: p] ln support ffi Against
                                                              PLEASE CHECKONE OFTHE FOLLOWING:

       lam appearing without
     ' compensation or sponsorship.
                                                                       am a registered lobbyist,
                                                                 lE, Irepresenting;                                    F   I am not a lobbyis!but received
                                                                                                                           something of value for my appearance
                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                           sponsored by:




This form is part of the public record for this   meetlng.                                                                                          5-001 (08/1012021)
                                                                       The Florida Senate
                                                                                                                          .:<,8 /,e{> u/ stgaae-
        /,- 3 -oZ3                                           APPEARANCE RECORD                                                       Bill Number or ToPic
                    Meeting Date                                     Deliver both copies of this form to
                                                              Senate professional staff conducting the meeting
     4tp7r7a,6/€ {          Ttdiz({tE                                                                                        Amendment Barcode (if applicable)
                     Committee

                  /(d/txJ efr€l?                                                                      Phone
                                                                                                                 ,P i   0 .?/ 4 *'/        r,-< "*s-
Name

                                       "VINE                 S;h {/{. 7'3s-                                                                                      da
Address Ea i ,{ .                                                                                     Email
           Street


                  u7t&\Jbe                          /'L                      3,.J9.c1
                                                     St0te                     Zip
           Ciry




              Speaking             For     I    Against !      lnformation OR                      waive Speaking: !     ln Support    I     Agalnst



                                                             PLEASE CHECK ONE OF THE FOLLOWING:
                                                                                       lobbYist,                             I am not a lobbYist, but received
                                                                   I am a registered
 at     u^appearing without
                                                                   representing:                                             something of value for my appearance
       compensation or sPonsorshiP.
 -                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                             sponsored bY:




                                                                                                                                                       s-001 (08/10/2021)
This form is part of the public record for this meeting
                                                THE FLORIDA SENATE                                       COMMITTEES:
                                                                                                         Agriculture, Chalr
                                                      Tallahassee, Florida 32399-1 100                   Appropriations Committee on Agriculture, Environment,
                                                                                                          and General Government
                                                                                                         Appropriations Committee on Transportation,
                                                                                                          Tourism, and Economic Development
                                                                                                         Banking and lnsurance
                                                                                                         Fiscal Policy
                                                                                                         Military and Veterans Affairs, Space, and
                                                                                                          Domestic Security
                                                                                                         Transportation


SENATOR KEITH TRUENOW
       13th District


   February 24,2025

   Senator Tom Leek
   310 Senate Office Building
   Tallahassee,FL 32399

   Dear Chairman Leek,

   I am requesting that SB 602 Fees/FL Manufacturing Promotional Campaign be placed on the
   next available Commerce and Tourism Committee meeting.

   This bill requires the Department of Commerce to establish by rule registration and renewal fees
   sufficient to fund the costs of administering the Florida Manufacturing Promotional Campaign.

   I appreciate your favorable consideration.

   Sincerely,




   Senator Keith Truenow
   Senate District 13

   KT/dd

   cc: Todd McKay, Staff Director
       Renita Hayes, Administrative Assistant




                  REPLY TO:
                    o Lake County Agricultural Center, 1951 Woodlea Road, Tavares, Florida32778 (352) 750-3133
                       i
                       16207 State Road 50, Suite 401, Clermont, Flotida 34711
                    D 304 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-'1 1 00 (850) 487-501 3
                                                      Senate's Website: www. flsen ate. gov


                           BEN ALBRITTON                                                             JASON BRODEUR
                       President of the Senate                                                     President Pro Tempore
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           CS/SB 92
INTRODUCER:     Commerce and Tourism and Senator Gruters
SUBJECT:        Motor Vehicle Repair Work
DATE:           March 4, 2025                   REVISED:


         ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                         McKay                                CM               Fav/CS
2.                                                                       AEG
3.                                                                        FP



                    Please see Section IX. for Additional Information:
                                   COMMITTEE SUBSTITUTE - Substantial Changes




  I.    Summary:

        CS/SB 92 creates the “Lilly Glaubach Act,” which requires a motor vehicle repair shop to
        request that a customer provide a written crash report after providing the customer with a written
        repair estimate when the accident or collision repair work requested is estimated to cost $5,000
        or more. However, if the customer does not provide a written crash report, the motor vehicle
        repair shop must prepare an accident or collision repair work transaction form after preparing a
        written estimate. The Department of Agriculture and Consumer Services (DACS) must approve
        the design and format of the transaction form. Additionally, the bill provides the framework for
        preparing and maintaining the transaction forms, as well as delivering the transaction forms to
        the appropriate law enforcement agency.

        The bill provides that any person who violates these requirements commits a second-degree
        misdemeanor.

        The bill adds “vehicle identification number” to the requirements that must be included in a
        written repair estimate.

        The bill takes effect July 1, 2025.
BILL: CS/SB 92                                                                                       Page 2

    II.   Present Situation:

          Motor Vehicle Repair

          The Florida Motor Vehicle Repair Act1 requires anyone who is paid to repair motor vehicles
          owned by other individuals to register with the DACS.2 Registration applications are required to
          be accompanied by a registration fee calculated on a per-year basis.3 Additionally, each
          registration application must include the following:
          • The name of the applicant;
          • The name under which the applicant is doing business;
          • The business address;
          • Copies of all licenses, permits, and certifications; and
          • The number of employees the applicant intends to employ or currently employs.4

          For repairs costing more than $150, motor vehicle repair shops are required to prepare a written
          repair estimate that includes the estimated cost of repair work, including diagnostic work, before
          beginning any diagnostic work or repair.5 Additionally, for repairs costing more than $150,
          motor vehicle repair shops are required to provide a written disclosure statement to the
          customer.6 The written repair estimate must include the following:
          • The name, address, and telephone number of the motor vehicle repair shop;
          • The name, address, and telephone number of the customer;
          • The date and time of the written repair estimate;
          • The year, make, model, odometer reading, and license tag number of the motor vehicle;
          • The proposed work completion date;
          • A general description of the customer’s problem or request for repair work or service relating
              to the motor vehicle;
          • A statement as to whether the customer is being charged according to a flat rate or an hourly
              rate, or both;
          • The estimated cost of repair which must include any charge for shop supplies or for
              hazardous or other waste removal;
          • The charge for making a repair price estimate or, if the charge cannot be predetermined, the
              basis on which the charge will be calculated;
          • The customer’s intended method of payment;
          • The name and telephone number of another person who may authorize repair work, if the
              customer desires to designate such person;
          • A statement indicating what, if anything, is guaranteed in connection with the repair work
              and the time and mileage period for which the guarantee is effective;
          • A statement allowing the customer to indicate whether replaced parts should be saved for
              inspection or return; and


1
  Section 559.901, F.S.
2
  Section 559.904(1), F.S.
3
  Section 559.904(3)(a), F.S.
4
  Section 559.904(1), F.S.
5
  Section 559.905(1), F.S.
6
  Section 559.905(2), F.S.
BILL: CS/SB 92                                                                                                           Page 3

         •   A statement indicating the daily charge for storing the customer’s motor vehicle after the
             customer has been notified that the repair work has been completed.7

         If the customer leaves their motor vehicle at the motor vehicle repair shop during hours when the
         shop is not open or if the customer permits the shop or another person to deliver the motor
         vehicle to the shop, then there is an implied partial waiver of the written estimate. However,
         upon completion of diagnostic work necessary to estimate the cost of repair, the shop must
         properly notify the customer.8

         In the following circumstances, the customer must be promptly notified by telephone, telegraph,
         mail, or other means of additional repair work and the estimated cost thereof:
         • In the event that the written repair estimate contains only an estimate for diagnostic work
             necessary to estimate the cost of repair and such diagnostic work has been completed;
         • If a determination is made by a motor vehicle repair shop that the actual charges for the
             repair work will exceed the written estimate by more than $10 or 10 percent, whichever is
             greater, but not to exceed $50; or
         • If an implied partial waiver exists for diagnostic work, and such diagnostic work has been
             completed.9

         Written Crash Reports

         A Florida Traffic Crash Report, Long Form must be completed and submitted to the Department
         of Highway Safety and Motor Vehicles (FLHSMV) within 10 days after an investigation is
         completed by the law enforcement officer who in the regular course of duty investigates a motor
         vehicle crash that:
         • Resulted in the death of, personal injury to, or any indication of complaints of pain or
             discomfort by any of the parties or passengers involved in the crash;
         • Involved a violation of s. 316.061(1), F.S., or s. 316.193, F.S.;10
         • Rendered a vehicle inoperable to a degree that required a wrecker to remove it from the scene
             of the crash; or
         • Involved a commercial motor vehicle.11

         The Florida Traffic Crash Report, Long Form must include the following:
         • The date, time, and location of the crash;
         • A description of the vehicles involved;
         • The names and addresses of the parties involved, including all drivers and passengers, and
            the identification of the vehicle in which each was a driver or a passenger;

7
  Section 559.905(1), F.S.
8
  Section 559.905(5), F.S.
9
  Section 559.909(1), F.S.
10
   Section 316.061(1), F.S., provides that the driver of any vehicle involved in a crash resulting only in damage to a vehicle or
other property which is driven or attended by any person must immediately stop such vehicle at the scene of such crash or as
close thereto as possible, and must forthwith return to, and in every event must remain at, the scene of the crash until he or
she has fulfilled the requirements of s. 316.062, F.S. Section 316.193, F.S., provides regulations for a person driving under
the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, F.S., or any substance controlled under
chapter 893, F.S., when affected to the extent that the person’s normal faculties are impaired.
11
   Section 316.066(1)(a), F.S.
BILL: CS/SB 92                                                                                                     Page 4

        •    The names and addresses of witnesses;
        •    The name, badge number, and law enforcement agency of the officer investigating the crash;
             and
        •    The names of the insurance companies for the respective parties involved in the crash.12

        In any crash where a Florida Traffic Crash Report, Long Form is not required and which occurs
        on the public roadways of Florida, the law enforcement officer must complete a Short Form
        Crash Report or provide a driver exchange-of-information form, to be completed by all drivers
        and passengers involved in the crash, which requires the identification of each vehicle that the
        drivers and passengers were in.13

        The driver of a vehicle that was involved in a crash resulting in damage to a vehicle or other
        property which does not require a law enforcement report must, within 10 days after the crash,
        submit a written report of the crash to the FLHSMV. The report must be submitted on a form
        approved by the FLHSMV. Additionally, Long Form and Short Form Crash Reports prepared by
        law enforcement must be submitted to the FLHSMV and may be maintained by the law
        enforcement officer’s agency.14

        Crash reports may take up to 10 days to become available and may be requested online through
        the FLHSMV Crash Portal.15 Alternatively, customers may receive a crash report by mail or in
        person if they compete a “Sworn Statement for Crash Report.”16 Requests for 10 or fewer crash
        records may be fulfilled at the Florida Highway Patrol Station nearest to where the crash
        occurred.17 Requests for more than 10 records must include a request letter detailing the crash
        report that is being requesting and a “Sworn Statement for Crash Report,” which must be mailed
        with payment to the FLHSMV “Crash Records” division.18

III.    Effect of Proposed Changes:

        The bill amends ss. 559.905, 559.907, and 559.909, F.S., which may be cited as the “Lilly
        Glaubach Act.”

        The bill requires a crash report or transaction form for certain accident or collision repair work.
        If a customer requests that a motor vehicle repair shop perform work to restore a motor vehicle
        damaged in an accident or collision, and such work is estimated to cost $5,000 or more, the
        motor vehicle repair shop must request that the customer provide a written crash report after
        preparing a written repair estimate.19




12
   Section 316.066(1)(b), F.S.
13
   Section 316.066(1)(c), F.S.
14
   Section 316.066(1)(e), F.S.
15
   Florida Highway Safety and Motor Vehicles, Traffic Crash Reports, available at https://www.flhsmv.gov/traffic-crash-
reports/ (last visited Feb. 28, 2024).
16
   Id.
17
   Id.
18
   Id.
19
   Section 316.066, F.S., provides the framework of a “written crash report.”
BILL: CS/SB 92                                                                                                     Page 5

        The bill provides that if the customer does not provide a written crash report, the motor vehicle
        repair shop must prepare an accident or collision repair work transaction form after preparing a
        written repair estimate. The DACS must approve the design and format of the transaction form,
        which must be 8.5 inches by 11 inches in size. Additionally, the following information must be
        recorded by the motor vehicle repair shop when completing the transaction form:
        • The name and address of the motor vehicle repair shop;
        • The vehicle identification number, year, license tag number, make, model, and color of the
            damaged vehicle and the name, phone number, physical description, and address of the
            owner of the vehicle or the person in possession of the vehicle; and
        • A detailed description of the damage to the vehicle.

        The bill requires a motor vehicle repair shop to maintain a copy of each completed transaction
        form on its premises for at least 1 year after the date of the transaction. On or before the end of
        each business day, the motor vehicle repair shop must deliver the original transaction forms for
        each of the transactions occurring during the previous business day to the appropriate law
        enforcement agency, unless other arrangements have been agreed upon between the motor
        vehicle repair shop and the appropriate law enforcement agency. Additionally, if the original
        transaction form is lost or destroyed by the appropriate law enforcement agency, a copy may be
        used by the motor vehicle repair shop as evidence in court.

        The bill requires transaction forms to be electronically transferred if the appropriate law
        enforcement agency supplies the necessary software and the motor vehicle repair shop has the
        computer capability. If a motor vehicle repair shop does not have the computer capability, the
        appropriate law enforcement agency may provide the shop with the necessary equipment for the
        purpose of electronically transferring accident or collision repair work transaction forms. Unless
        otherwise agreed upon, the appropriate law enforcement agency is required to retain ownership
        of the equipment. Additionally, the motor vehicle repair shop must maintain the equipment in
        good working order.

        The bill provides that a motor vehicle repair shop is not required to deliver to the appropriate law
        enforcement agency the original or copies of the accident or collision repair work transaction
        forms if the shop transfers the forms electronically.

        The bill authorizes the appropriate law enforcement agency to request that the motor vehicle
        repair shop produce the original transaction form that has been electronically transferred if it is
        for the purpose of a criminal investigation. The motor vehicle repair shop must deliver the
        requested form to the appropriate law enforcement agency within 24 hours of request.

        The bill provides that any person who violates s. 559.905(1), F.S., commits a misdemeanor of
        the second degree.20 Additionally, if the DACS finds a motor vehicle repair shop in violation of
        s. 559.905(1), F.S., it may revoke the motor vehicle repair shop’s registration under s. 559.904,
        F.S.


20
  Section 775.082(4)(b), F.S., provides that a person who has been convicted of a misdemeanor of the second degree may be
sentenced to a definite term of imprisonment not to exceed 60 days. Section 775.083(1)(e), F.S., provides that fines for a
misdemeanor of the second degree may not exceed $500.
BILL: CS/SB 92                                                                                                           Page 6

         The bill adds “vehicle identification number” to the requirements that must be included in a
         written repair estimate.

         The bill amends s. 559.909, F.S., to provide that a customer must be promptly notified by the
         motor vehicle repair shop if an implied partial waiver exists for diagnostic work, as described in
         s. 559.905(6), F.S.21

         The bill re-enacts s. 559.907, F.S., for the purpose of incorporating the amendment made to s.
         559.905, F.S.

         The bill takes effect July 1, 2025.

IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

                  None.

         B.       Public Records/Open Meetings Issues:

                  None.

         C.       Trust Funds Restrictions:

                  None.

         D.       State Tax or Fee Increases:

                  None.

         E.       Other Constitutional Issues:

                  None Identified.

V.       Fiscal Impact Statement:

         A.       Tax/Fee Issues:

                  None.

         B.       Private Sector Impact:

                  If a customer requests that a motor vehicle repair shop perform work to restore a motor
                  vehicle damaged in an accident or collision, the motor vehicle repair shop will be
                  required to obtain a crash report or complete an accident or collision repair work

21
  Section 559.905(5), F.S., which is redesignated to s. 559.905(6), F.S., in the bill, provides that if a customer leaves their
motor vehicle at a motor vehicle repair shop during hours when the shop is not open or if the customer permits the shop or
another person to deliver the motor vehicle to the shop, there is an implied partial waiver of the written estimate. However,
upon completion of diagnostic work necessary to estimate the cost of repair, the shop must notify the customer.
 BILL: CS/SB 92                                                                                                                       Page 7

                 transaction form for accident or collision repair work. Additionally, a motor vehicle
                 repair shop will be required to prepare, maintain, and deliver the transaction forms to the
                 appropriate law enforcement agency.

        C.       Government Sector Impact:

                 The DACS must approve the design and format of the accident or collision repair work
                 transaction form.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        The bill does not define “appropriate law enforcement agency,” which may affect compliance by
        motor vehicle repair shops.

VIII.   Statutes Affected:

        This bill substantially amends sections 559.905 and 559.909 of the Florida Statutes.

        This bill re-enacts section 559.907 of the Florida Statutes.

 IX.    Additional Information:

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

                 CS by Commerce and Tourism on March 3, 2024
                 The committee substitute changes the timeline for when a crash report must be requested
                 from before the motor vehicle repair shop provides the customer with a written estimate
                 to after the motor vehicle repair shop provides the customer with a written repair
                 estimate. However, if the customer does not provide a written crash report, the motor
                 vehicle repair shop must prepare an accident or collision repair work transaction form.
                 The committee substitute changes the timeline for when the motor vehicle repair shop
                 must prepare the transaction form before preparing the written estimate to after preparing
                 the written estimate.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
     Florida Senate - 2025                         COMMITTEE AMENDMENT        Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 92                                                           Bill No. SB 92




                             Ì442480ÊÎ442480                                                          Ì442480ÊÎ442480


                             LEGISLATIVE ACTION                          11   or collision repair work transaction form after preparing the
           Senate                       .                House
          Comm: RCS                     .
         03/03/2025                     .
                                        .
                                        .
                                        .




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


1        Senate Amendment
2
3        Delete lines 59 - 65
4    and insert:
5    $5,000 or more, the motor vehicle repair shop must, after
6    preparing the written repair estimate required by subsection
7    (2), request that the customer provide a written crash report as
8    specified under s. 316.066.
9        (b) If the customer does not provide a written crash
10   report, the motor vehicle repair shop must prepare an accident



                                   Page 1 of 2                                                           Page 2 of 2
     2/28/2025 12:41:58 PM                                577-02065-25        2/28/2025 12:41:58 PM                                577-02065-25
      Florida Senate - 2025                                         SB 92          Florida Senate - 2025                                         SB 92



      By Senator Gruters




      22-00316-25                                                 202592__         22-00316-25                                                 202592__
1                             A bill to be entitled                          30         appropriate law enforcement agency to request an
2          An act relating to motor vehicle repair work;                     31         original transaction form from a motor vehicle repair
3          providing a short title; amending s. 559.905, F.S.;               32         shop under certain circumstances; requiring a motor
4          requiring a motor vehicle repair shop to request a                33         vehicle repair shop to respond to such request within
5          written crash report from a customer under certain                34         a certain timeframe; providing criminal penalties;
6          circumstances; requiring a motor vehicle repair shop              35         authorizing the department to revoke a motor vehicle
7          to prepare a transaction form under certain                       36         repair shop’s registration under certain
8          circumstances; requiring the Department of Agriculture            37         circumstances; revising the items required in a
9          and Consumer Services to approve the design and format            38         written repair estimate; making technical changes;
10         of the transaction form; specifying requirements for              39         amending s. 559.909, F.S.; conforming a cross-
11         the transaction form; requiring a motor vehicle repair            40         reference; making technical changes; reenacting s.
12         shop to record specified information on the                       41         559.907(1)(b), F.S., relating to charges for motor
13         transaction form; requiring a motor vehicle repair                42         vehicle repair estimate and requirement of waiver of
14         shop to maintain a copy of the transaction form for a             43         rights prohibited, to incorporate the amendment made
15         specified timeframe; requiring a motor vehicle repair             44         to s. 559.905, F.S., in a reference thereto; providing
16         shop to deliver transaction forms to the appropriate              45         an effective date.
17         law enforcement agency within a specified timeframe;              46
18         providing an exception; authorizing a motor vehicle               47    Be It Enacted by the Legislature of the State of Florida:
19         repair shop to use certain evidence in court under                48
20         certain circumstances; requiring the electronic                   49         Section 1.   This act may be cited as the “Lilly Glaubach
21         transfer of transaction forms to the appropriate law              50    Act.”
22         enforcement agency by a motor vehicle repair shop                 51         Section 2.   Section 559.905, Florida Statutes, is amended to
23         under certain circumstances; authorizing the                      52    read:
24         appropriate law enforcement agency to provide certain             53         559.905 Crash report or transaction form required for
25         equipment to a motor vehicle repair shop; specifying              54    accident or collision repair work; written motor vehicle repair
26         ownership and maintenance of such equipment;                      55    estimate; and disclosure statement required.—
27         specifying that a motor vehicle repair shop is not                56         (1)(a) If a customer requests that a motor vehicle repair
28         required to deliver original or copies of transaction             57    shop perform work to restore a motor vehicle damaged in an
29         forms under certain circumstances; authorizing the                58    accident or a collision, and such work is estimated to cost

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      Florida Senate - 2025                                          SB 92          Florida Senate - 2025                                          SB 92




      22-00316-25                                                 202592__          22-00316-25                                                 202592__
59    $5,000 or more, the motor vehicle repair shop must, before             88     appropriate law enforcement agency. If the original transaction
60    preparing the written repair estimate required by subsection           89     form is lost or destroyed by the appropriate law enforcement
61    (2), request that the customer provide a written crash report as       90     agency, a copy may be used by the motor vehicle repair shop as
62    specified under s. 316.066.                                            91     evidence in court.
63         (b) If the customer does not provide a written crash              92          (d) If the appropriate law enforcement agency supplies the
64    report, the motor vehicle repair shop must prepare an accident         93     necessary software and the motor vehicle repair shop has the
65    or collision repair work transaction form before preparing the         94     computer capability, transaction forms must be electronically
66    written repair estimate required by subsection (2). The                95     transferred. If a motor vehicle repair shop does not have the
67    Department of Agriculture and Consumer Services must approve the       96     computer capability, the appropriate law enforcement agency may
68    design and format of the transaction form, which must be 8 1/2         97     provide the motor vehicle repair shop with the necessary
69    inches by 11 inches in size and elicit the information required        98     equipment for the purpose of electronically transferring
70    under this paragraph. In completing the transaction form, the          99     accident or collision repair work transaction forms. The
71    motor vehicle repair shop shall record the following                   100    appropriate law enforcement agency shall retain ownership of the
72    information, which must be typed or written indelibly and              101    equipment, unless otherwise agreed upon. The motor vehicle
73    legibly in English:                                                    102    repair shop shall maintain the equipment in good working order,
74         1. The name and address of the motor vehicle repair shop.         103    ordinary wear and tear excepted. If a motor vehicle repair shop
75         2. The vehicle identification number, year, license tag           104    transfers accident or collision repair work transaction forms
76    number, make, model, and color of the damaged vehicle and the          105    electronically, the motor vehicle repair shop is not required to
77    name, phone number, physical description, and address of the           106    also deliver to the appropriate law enforcement agency the
78    owner of the vehicle or the person in possession of the vehicle.       107    original or copies of the transaction forms. The appropriate law
79         3. A detailed description of the damage to the vehicle.           108    enforcement agency may, for the purposes of a criminal
80         (c) A motor vehicle repair shop shall maintain a copy of          109    investigation, request that the motor vehicle repair shop
81    each completed transaction form on its premises for at least 1         110    produce the original of a transaction form that has been
82    year after the date of the transaction. On or before the end of        111    electronically transferred. The motor vehicle repair shop shall
83    each business day, the motor vehicle repair shop shall deliver         112    deliver this form to the appropriate law enforcement agency
84    to the appropriate law enforcement agency the original                 113    within 24 hours after the request.
85    transaction forms for each of the transactions occurring during        114         (e) Any person who violates this subsection commits a
86    the previous business day, unless other arrangements have been         115    misdemeanor of the second degree, punishable as provided in s.
87    agreed upon between the motor vehicle repair shop and the              116    775.082 or s. 775.083. If the department finds a motor vehicle

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       Florida Senate - 2025                                          SB 92          Florida Senate - 2025                                         SB 92




       22-00316-25                                                202592__           22-00316-25                                                 202592__
117    repair shop in violation of this subsection, it may revoke the         146         supplies or waste disposal.”
118    motor vehicle repair shop’s registration under s. 559.904.             147
119         (2) When any customer requests a motor vehicle repair shop        148    If a charge is mandated by state or federal law, the estimate
120    to perform repair work on a motor vehicle, the cost of which           149    must contain a statement identifying the law and the specific
121    repair work will exceed $150 to the customer, the shop shall           150    amount charged under the law.
122    prepare a written repair estimate, which is a form setting forth       151         (i) The charge for making a repair price estimate or, if
123    the estimated cost of repair work, including diagnostic work,          152    the charge cannot be predetermined, the basis on which the
124    before effecting any diagnostic work or repair. The written            153    charge will be calculated.
125    repair estimate must also include all of the following items:          154         (j) The customer’s intended method of payment.
126         (a) The name, address, and telephone number of the motor          155         (k) The name and telephone number of another person who may
127    vehicle repair shop.                                                   156    authorize repair work, if the customer desires to designate such
128         (b) The name, address, and telephone number of the                157    person.
129    customer.                                                              158         (l) A statement indicating what, if anything, is guaranteed
130         (c) The date and time of the written repair estimate.             159    in connection with the repair work and the time and mileage
131         (d) The vehicle identification number, year, make, model,         160    period for which the guarantee is effective.
132    odometer reading, and license tag number of the motor vehicle.         161         (m) A statement allowing the customer to indicate whether
133         (e) The proposed work completion date.                            162    replaced parts should be saved for inspection or return.
134         (f) A general description of the customer’s problem or            163         (n) A statement indicating the daily charge for storing the
135    request for repair work or service relating to the motor               164    customer’s motor vehicle after the customer has been notified
136    vehicle.                                                               165    that the repair work has been completed. However, storage
137         (g) A statement as to whether the customer is being charged       166    charges may not accrue or be due and payable for a period of 3
138    according to a flat rate or an hourly rate, or both.                   167    working days from the date after such notification.
139         (h) The estimated cost of repair which must include any           168         (3)(2) If the cost of repair work will exceed $150, the
140    charge for shop supplies or for hazardous or other waste removal       169    shop must present to the customer a written notice conspicuously
141    and, if a charge is included, the estimate must include the            170    disclosing, in a separate, blocked section, only the following
142    following statement:                                                   171    statement, in capital letters of at least 12-point type:
143                                                                           172
144         “This charge represents costs and profits to the motor            173    PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
145         vehicle repair facility for miscellaneous shop                    174    SIGN:

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       Florida Senate - 2025                                          SB 92          Florida Senate - 2025                                          SB 92




       22-00316-25                                               202592__            22-00316-25                                                 202592__
175         I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A            204         (7)(6) Nothing in This section may not shall be construed
176    WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150.                    205    to require a motor vehicle repair shop to give a written
177                                                                           206    estimated price if the motor vehicle repair shop does not agree
178         .... I REQUEST A WRITTEN ESTIMATE.                                207    to perform the requested repair.
179                                                                           208         Section 3.   Subsection (1) of section 559.909, Florida
180         .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE           209    Statutes, is amended to read:
181    REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS         210         559.909 Notification of charges in excess of repair
182    AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.                            211    estimate; unlawful charges; refusal to return vehicle
183                                                                           212    prohibited; inspection of parts.—
184         .... I DO NOT REQUEST A WRITTEN ESTIMATE.                         213         (1) In the event that:
185                                                                           214         (a) The written repair estimate contains only an estimate
186    SIGNED ............DATE ............                                   215    for diagnostic work necessary to estimate the cost of repair and
187                                                                           216    such diagnostic work has been completed;
188         (4)(3) The information required by paragraphs (2)(h) and          217         (b) A determination is made by a motor vehicle repair shop
189    (i) (1)(h) and (i) need not be provided if the customer waives         218    that the actual charges for the repair work will exceed the
190    in writing her or his right to receive a written estimate.             219    written estimate by more than $10 or 10 percent, whichever is
191         (5)(4) Except as provided in subsection (6) (5), a copy of        220    greater, but not to exceed $50; or
192    the written repair estimate required by subsection (2) (1) and         221         (c) An implied partial waiver exists for diagnostic work,
193    the disclosure statement required by subsection (3) must (2)           222    as described in s. 559.905(6) s. 559.905(5), and such diagnostic
194    shall be given to the customer before repair work commences is         223    work has been completed,
195    begun. The disclosure statement may be provided on the same form       224
196    as the written repair estimate.                                        225    the customer must shall be promptly notified by the motor
197         (6)(5) If the customer leaves her or his motor vehicle at a       226    vehicle repair shop by telephone, telegraph, mail, or other
198    motor vehicle repair shop during hours when the shop is not open       227    means of the additional repair work and estimated cost thereof.
199    or if the customer permits the shop or another person to deliver       228    A customer so notified shall, orally or in writing, authorize,
200    the motor vehicle to the shop, there is shall be an implied            229    modify, or cancel the order for repair.
201    partial waiver of the written estimate; however, upon completion       230         Section 4.   For the purpose of incorporating the amendment
202    of diagnostic work necessary to estimate the cost of repair, the       231    made by this act to section 559.905, Florida Statutes, in a
203    shop shall notify the customer as required in s. 559.909(1).           232    reference thereto, paragraph (b) of subsection (1) of section

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       Florida Senate - 2025                                          SB 92




       22-00316-25                                                  202592__
233    559.907, Florida Statutes, is reenacted to read:
234         559.907 Charges for motor vehicle repair estimate;
235    requirement of waiver of rights prohibited.—
236         (1) No motor vehicle repair shop shall charge for making a
237    repair price estimate unless, prior to making the price
238    estimate, the shop:
239         (b) Obtains authorization on the written repair estimate,
240    in accordance with s. 559.905, to prepare an estimate. No motor
241    vehicle repair shop shall impose or threaten to impose any such
242    charge which is clearly excessive in relation to the work
243    involved in making the price estimate.
244         Section 5.   This act shall take effect July 1, 2025.




                                   Page 9 of 9
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                                        The Florida Senate

                          Committee Agenda Request




To:           Senator Thomas Leek, Chair
              Committee on Commerce and Tourism

Subject: Committee Agenda Request
Date:         January 30,2025



I respectfully request that Senate Bill # 92, relating to Motor Vehicle Repair Work, be placed on
the:

              committee agenda at your earliest possible convenience.

              next committee agenda.




                                             Senator Joe Gruters
                                             Florida Senate, District 22




File signed originalwith committee office                                             s-020 (03/2004)
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:             SB 412
INTRODUCER:       Senator Smith
SUBJECT:          Repair of Motorized Wheelchairs
DATE:             February 28, 2025               REVISED:


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



    I.    Summary:

          SB 412 creates the Motorized Wheelchair Right to Repair Act under ss. 559.971-559.976, F.S.
          The bill requires original equipment manufacturers of wheelchairs to provide documents, tools,
          and parts necessary to repair motorized wheelchairs to third party repair providers and owners of
          wheelchairs sold or used in this state.

          This bill takes effect on July 1, 2025.

    II.   Present Situation:

          Right to Repair Laws

          In recent years, state legislatures across the country have been contemplating “right to repair”
          laws, requiring manufacturers to share repair information and tools so that consumers may repair
          their products more easily and less costly.1 This type of legislation is founded on the idea that
          consumers should be able to choose how to repair their products.2 Advocates are concerned due
          to the amount of products that are utilizing computer chips and advanced technology, which are
          becoming increasingly difficult to repair without sending the entire product back to the
          manufacturer.3 Many products, ranging from cars and appliances to wheelchairs, use proprietary
          tools and parts.4 Manufacturers may decline to publish documents necessary for a third party or


1
  Luyi Wang, et al., HARV. BUS. REV., Research: The Unintended Consequences of Right-to-Repair Laws, available at
https://hbr.org/2023/01/research-the-unintended-consequences-of-right-to-repair-laws (last visited Feb. 28, 2025).
2
  Mike Serra, Looking Under the Hood on the Right to Repair, 101 MICH. B.J. 34 (May 2022), available at
https://www.michbar.org/journal/Details/Looking-under-the-hood-on-the-right-to-repair?ArticleID=4428 (last visited Feb.
28, 2025).
3
  Thorin Klosowski, What You Should Know About Right to Repair, available at
https://www.nytimes.com/wirecutter/blog/what-is-right-to-repair/ (last visited Feb. 28, 2025).
4
  Id.
BILL: SB 412                                                                                                        Page 2

        consumer to repair.5 The policy objectives of these laws are to ensure customers have access to
        manuals, schematics, and software updates, as well as diagnostic tools needed to service the
        product themselves.6

        While there is a push for this type of legislation, manufacturers have been concerned about
        electronic privacy and preservation of intellectual property.7 Technological advances in
        electronic equipment, such as fitness monitors, home security devices, and smart home
        appliances, have led to consumer data being collected at a higher volume.8 Opponents of right to
        repair legislation are concerned that proprietary access to tools and information needed to repair
        these electronic products may undermine consumers’ digital privacy, as diagnostic tools may
        provide access to an entire device and improper repair can disable security features.9
        Additionally, there is a concern that unrestricted access into product software design may
        compromise intellectual property protections.10 If proprietary knowledge is embedded in the
        products they sell, some manufacturers worry that trade secrets will become public knowledge
        when required to disclose digital locks and other information.11

        Wheelchair Usage and Repairs

        In the United States, millions of Americans rely on wheelchairs due to impaired mobility.12 As of
        2014, about 21% of adults in the U.S. have difficulty or are unable to walk a quarter mile.13 The
        use of mobility devices like wheelchairs provides independence to users who may otherwise
        have difficulty with physical functioning.14

        In the last decade, there has been a significant increase in the number of repairs that wheelchair
        users must make.15 One survey of wheelchair users found that a result of wheelchair breakdown,

5
  Id.
6
  Id.
7
  Ike Brannon, CATO INST., A Criticism of Right to Repair Laws, available at https://www.cato.org/regulation/spring-
2024/criticism-right-repair-laws (last visited Feb. 28, 2025).
8
  See id.
9
  Id.
10
   Id.
11
   Id.
12
   Sources vary on the exact number of wheelchair users. See Laura A. McClure, et al., Wheelchair repairs, breakdown, and
adverse consequences for people with traumatic spinal cord injury, 90:12 ARCHIVES OF PHYSICAL MED. AND REHAB. 2034
(2009, available at https://pubmed.ncbi.nlm.nih.gov/19969165/ (last visited Feb. 28, 2025) (citing more than 2.8 million
wheelchair users); Danielle M. Taylor, U.S. DEPT. OF COM., Americans With Disabilities: 2014, available at
https://www.census.gov/content/dam/Census/library/publications/2018/demo/p70-152.pdf (last visited Feb. 28, 2025) (citing
more than 5.5 million wheelchair users).
13
   Taylor, supra note 12, at 7.
14
   Lynn Worobey, et al., Increases in Wheelchair Breakdowns, Repairs, and Adverse Consequences for People with
Traumatic Spinal Cord Injury, 91:6 AM. J. OF PHYSICAL MED. AND REHAB. 463 (2012), available at
https://pmc.ncbi.nlm.nih.gov/articles/PMC4886332/ (last visited Feb. 28, 2025).
15
   One study found that over half of all full-time wheelchair users had to repair their wheelchair at least once over a six-
month period. Worobey, supra note 12; see also Lynn A. Worobey, et al., Factors Influencing Incidence of Wheelchair
Repairs and Consequences Among Individuals with Spinal Cord Injury, 103:4 ARCHIVES OF PHYSICAL MED. AND REHAB.
779 (2022), available at
https://pmc.ncbi.nlm.nih.gov/articles/PMC8501145/#:~:text=The%20primary%20objectives%20of%20this%20study%20wer
e%20to,consequences%20were%20experienced%2C%20and%20participant%20and%20wheelchair%20charact (last visited
Feb. 28, 2025).
BILL: SB 412                                                                                                           Page 3

         out-of-pocket repair costs ranged from $50-$620.16 Wheelchair users experienced adverse
         consequences from wheelchair breakdown, with 27% stranded at home, 12% stuck in bed, and
         9% stranded outside their home, anywhere from two to seventeen days.17

         A 2022 survey performed by PIRG of 141 wheelchair users found that 93% of respondents have
         needed at least one repair in the last year, with 68% of respondents needing two or more repairs
         in the last year.18 When asked how long these repairs take to complete, around 62% of
         respondents said the average repair took four or more weeks, while around 40% of respondents
         estimated it took seven or more weeks.19

         Typically, when a person with a motorized wheelchair experiences a repair issue, they cannot fix
         the wheelchair with parts not from the manufacturer without voiding the warranty on the
         wheelchair.20 If a wheelchair user goes through the manufacturer for the repair, parts can take
         weeks to arrive to the user or repair provider.21 Moreover, a motorized wheelchair costs
         anywhere from $1,000 to $15,000, depending on the customizations tailored to that individual
         wheelchair user’s needs.22 Custom and higher-end models, which may be necessary for more
         severe impairment, can cost upward of $15,000 per wheelchair.23

III.     Effect of Proposed Changes:

         Requirements for Repair

         Section 4 creates s. 559.973, F.S., mandating that an original equipment manufacturer24 must
         make available to independent repair providers25 and owners26 any documentation,27 parts,28 and

16
   Lisa I. Iezzoni, HARV. HEALTH PUBL’G, Millions rely on wheelchairs for mobility, but repair delays are hurting users,
available at https://www.health.harvard.edu/blog/millions-rely-on-wheelchairs-for-mobility-but-repair-delays-are-hurting-
users-202207212785 (last visited Feb. 28, 2025).
17
   Id.
18
   PIRG, Stranded: Repair Restrictions Immobilize Wheelchair Users, available at https://publicinterestnetwork.org/wp-
content/uploads/2022/05/USPIRGEF_Stranded_June2022.pdf (last visited Feb. 28, 2025).
19
   Id.
20
   See Markian Hawryluk, KFF HEALTH NEWS, Despite a First-Ever ‘Right-to-Repair’ Law, There’s No Easy Fix for
Wheelchair Users, available at https://kffhealthnews.org/news/article/power-wheelchair-users-right-to-repair-law-no-easy-
fix/ (last visited Feb. 28, 2025); Mass. Disability Law Center, Questions And Answers About The Wheelchair Repair Bill,
available at https://www.dlc-ma.org/2022/06/09/questions-and-answers-about-the-wheelchair-repair-bill-s-2567/#_ftnref2
(last visited Feb. 28, 2025).
21
   Hawryluk, supra note 20.
22
   Evan Drake, Wheelchair Cost: A Breakdown of Value in 2025, available at
https://www.restoremobility.com/blogs/mobility/wheelchair-cost (last visited Feb. 28, 2025).
23
   See id.
24
   “Original equipment manufacturer” means a business engaged in selling, leasing, or supplying new motorized wheelchairs
manufactured by, or on behalf of, the business to any individual or business.
25
   “Independent repair provider” means an individual or business operating in this state which is unaffiliated with an original
equipment manufacturer that is engaged in the services of diagnosis, maintenance, or repair of motorized wheelchairs.
26
   “Owner” means an individual or business that owns or leases a motorized wheelchair purchased or used in this state.
27
   “Documentation” means any manual, diagram, reporting output, service code description, schematic diagram, security
codes, passwords, or other guidance or information used in effecting the services of diagnosis, maintenance, or repair of a
motorized wheelchair.
28
   “Part” means any replacement part, either new or used, made available by an original equipment manufacturer for purposes
of effecting the services of maintenance or repair of a motorized wheelchair manufactured by or on behalf of, sold, or
otherwise supplied by the original equipment manufacturer.
BILL: SB 412                                                                                                         Page 4

        tools29 required for diagnosis, maintenance, and repair of motorized wheelchairs and parts for the
        motorized wheelchair, if that wheelchair or parts were sold by the manufacturer in this state. The
        documentation, parts, and tools must be made available either directly by the original equipment
        manufacturer or via an authorized repair provider.30

        Regarding equipment that contains an electronic security lock or security-related function:
           • The original equipment manufacturer must make certain information and items available
              to owners and independent repair providers.
           • On fair and reasonable terms, the manufacturer must provide any special documentation,
              tools, and parts needed to access and reset the lock or function when disabled in the
              course of diagnosis, maintenance, or repair of the motorized wheelchair.
           • The documentation, tools, and parts must be made available through appropriate secure
              release systems.

        Limitations

        Section 6 creates s. 559.975, F.S., providing that:
           • This bill does not require that an original equipment manufacturer divulge a trade secret31
               to an owner or independent repair provider.
           • This bill does not alter the terms of an arrangement—other than those which limit or
               avoid compliance with this bill—between an authorized repair provider and an original
               equipment manufacturer.
           • An original equipment manufacturer or authorized repair provider is not liable for any
               damage caused to a motorized wheelchair by an independent repair provider or any injury
               to an owner which occurs during repair, diagnosis, or maintenance.

        Enforcement

        Section 5 creates s. 559.974, F.S., providing that violations of this bill are punishable under the
        Florida Deceptive and Unfair Trade Practices Act (FDUTPA), ss. 501.201-501.213, F.S. It is
        unlawful under the FDUTPA for a party to take part in “unfair methods of competition,
        unconscionable acts or practices, and unfair or deceptive acts of practices in the conduct of any


29
   “Tool” means any software, hardware, or other apparatus used for the diagnosis, maintenance, or repair of a motorized
wheelchair, including software or other mechanisms that program a new part, calibrate functionality, or perform any other
function required to return the wheelchair to fully function condition, including any updates.
30
   “Authorized repair provider” means an individual or a business that has an arrangement with the original equipment
manufacturer under which the original equipment manufacturer grants to the individual or business a license to use a trade
name, service mark, or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance, or
repair of a motorized wheelchair under the name of the original equipment manufacturer, or other arrangement with the
original equipment manufacturer to offer such services on behalf of the original equipment manufacturer. An original
equipment manufacturer that offers the services of diagnosis, maintenance, or repair of its own motorized wheelchair, and
that does not have an arrangement with an unaffiliated individual or business, must be considered an authorized repair
provider with respect to motorized wheelchairs.
31
   Trade secret means “information, including a formula, pattern, compilation, program, device, method, technique, or
process that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is
the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” Section 688.002, F.S.
BILL: SB 412                                                                                                  Page 5

        trade or commerce.”32 Such practices include fraudulent billing,33 misleading a consumer or
        misrepresenting a product’s characteristics,34 or other behavior determined to be unfair by a
        court.35 Under the FDUTPA, the office of the state attorney or Department of Legal Affairs,
        either by their own inquiry or through complaints, may investigate violations of the FDUTPA.36
        In addition to other remedies under state and federal law, the enforcing authority may bring
        actions for declaratory judgment, injunctive relief, actual damages on behalf of consumers and
        businesses, cease and desist orders, and civil penalties up to $10,000 per violation.37 Moreover,
        consumers may bring private actions against parties for violating the FDUTPA, resulting in
        either:
            • Declaratory judgment and injunctive relief when the consumer is aggrieved by a
                FDUTPA violation, or
            • Actual damages, attorney fees, and court costs, when the consumer has suffered a loss
                due to the FDUTPA violation.38

        Other Provisions

        Sections 1 and 2 creates Part XIV of ch. 559, F.S., “Repair of Motorized Wheelchairs,” and
        provides that the part may be cited as the Motorized Wheelchair Right to Repair Act.

        Section 3 creates s. 559.972, F.S., providing definitions for terms used throughout the bill.

        Section 7 creates s. 559.976, F.S., clarifying that Part XIV of ch. 559, F.S., applies to motorized
        wheelchairs sold or in use on or after July 1, 2025.

        Effective Date

        Section 8 provides an effective date of July 1, 2025.

IV.     Constitutional Issues:

        A.      Municipality/County Mandates Restrictions:

                None.

        B.      Public Records/Open Meetings Issues:

                None.



32
   Section 501.204, F.S.
33
   State Farm Mut. Auto. Ins. Co. v. Medical Service Center of Florida, Inc., 103 F. Supp. 3d 1343 (S.D. Fla. 2015).
34
   Lewis v. Mercedes-Benz USA, LLC, 530 F. Supp. 3d 1183 (S.D. Fla. 2021); Marty v. Anheuser-Busch Companies, LLC, 43
F. Supp. 3d 1333 (S.D. Fla. 2014).
35
   See Siever v. BWGaskets, Inc., 669 F. Supp. 2d 1286, 1292-93 (M.D. Fla. 2009).
36
   The enforcing authority under the FDUTPA may “administer oaths and affirmations, subpoena witnesses or matter, and
collect evidence.” Section 501.206, F.S.
37
   Sections 501.207, 501.2077, 501.2075, 501.208, F.S.
38
   Sections 501.2105, 501.211, F.S.
 BILL: SB 412                                                                                                   Page 6

        C.      Trust Funds Restrictions:

                None.

        D.      State Tax or Fee Increases:

                None.

        E.      Other Constitutional Issues:

                None identified.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                Indeterminate. Manufacturers may have to adjust costs due to making repair information
                and tools available to customers. Repair costs may be affected by increased competition
                for independent repair providers.

        C.      Government Sector Impact:

                None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill creates the following sections of the Florida Statutes: 559.971, 559.972, 559.973,
        559.974, 559.975, 559.976.

 IX.    Additional Information:

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

                None.
BILL: SB 412                                                                                                                         Page 7

      B.        Amendments:

                None.

        This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
      Florida Senate - 2025                                         SB 412         Florida Senate - 2025                                          SB 412



      By Senator Smith




      17-01067-25                                                2025412__         17-01067-25                                               2025412__
1                             A bill to be entitled                          30    Be It Enacted by the Legislature of the State of Florida:
2          An act relating to repair of motorized wheelchairs;               31
3          providing a directive to the Division of Law Revision;            32         Section 1.   Part XIV of chapter 559, Florida Statutes,
4          creating s. 559.971, F.S.; providing a short title;               33    consisting of ss. 559.971-559.976, is created and entitled
5          creating s. 559.972, F.S.; defining terms; creating s.            34    “Repair of Motorized Wheelchairs.”
6          559.973, F.S.; requiring an original equipment                    35         Section 2.   Section 559.971, Florida Statutes, is created to
7          manufacturer to make available any documentation,                 36    read:
8          parts, and tools required for the diagnosis,                      37         559.971 Short title.—This part may be cited as the
9          maintenance, or repair of a motorized wheelchair and              38    “Motorized Wheelchair Right to Repair Act.”
10         parts for the motorized wheelchair; requiring an                  39         Section 3.   Section 559.972, Florida Statutes, is created to
11         original equipment manufacturer of a motorized                    40    read:
12         wheelchair with an electronic security lock to make               41         559.972 Definitions.—As used in this part, the term:
13         available any special documentation, parts, and tools             42         (1) “Authorized repair provider” means an individual or a
14         needed to access and reset the lock when disabled in              43    business that has an arrangement with the original equipment
15         the course of diagnosis, maintenance, or repair of the            44    manufacturer under which the original equipment manufacturer
16         motorized wheelchair; creating s. 559.974, F.S.;                  45    grants to the individual or business a license to use a trade
17         providing that violation of the act is an unlawful                46    name, service mark, or other proprietary identifier for the
18         practice under the Florida Deceptive and Unfair Trade             47    purposes of offering the services of diagnosis, maintenance, or
19         Practices Act; creating s. 559.975, F.S.; providing               48    repair of a motorized wheelchair under the name of the original
20         that an original equipment manufacturer is not                    49    equipment manufacturer, or other arrangement with the original
21         required to divulge trade secrets; providing that the             50    equipment manufacturer to offer such services on behalf of the
22         act does not alter the terms of an arrangement between            51    original equipment manufacturer. An original equipment
23         an authorized repair provider and an original                     52    manufacturer that offers the services of diagnosis, maintenance,
24         equipment manufacturer; providing an exception;                   53    or repair of its own motorized wheelchair, and that does not
25         limiting the liability of an original equipment                   54    have an arrangement with an unaffiliated individual or business,
26         manufacturer or authorized repair provider in certain             55    must be considered an authorized repair provider with respect to
27         circumstances; creating s. 559.976, F.S.; providing               56    motorized wheelchairs.
28         applicability; providing an effective date.                       57         (2) “Documentation” means any manual, diagram, reporting
29                                                                           58    output, service code description, schematic diagram, security

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      Florida Senate - 2025                                         SB 412          Florida Senate - 2025                                        SB 412




      17-01067-25                                               2025412__           17-01067-25                                                2025412__
59    codes, passwords, or other guidance or information used in             88     repair provider; or any additional cost or impediment the
60    effecting the services of diagnosis, maintenance, or repair of a       89     original equipment manufacturer imposes on an owner or
61    motorized wheelchair.                                                  90     independent repair provider.
62         (3) “Fair and reasonable terms” means making available            91          2. Is not conditioned upon or does not impose a substantial
63    parts, tools, or documentation as follows:                             92     obligation or restriction that is not reasonably necessary for
64         (a) Documentation made available by the original equipment        93     enabling the owner or independent repair provider to engage in
65    manufacturer at no charge, except that, when a physical copy is        94     the diagnosis, maintenance, or repair of equipment made by or on
66    requested, a charge may be included for the reasonable actual          95     behalf of the original equipment manufacturer.
67    costs of preparing and sending the copy.                               96          3. Is not conditioned upon an arrangement with the original
68         (b) Tools made available by the original equipment                97     equipment manufacturer.
69    manufacturer at no charge and without requiring authorization or       98          (4) “Independent repair provider” means an individual or
70    Internet access for use or operation of the tools; without             99     business operating in this state which is unaffiliated with an
71    imposing impediments to access or use the tools to diagnose,           100    original equipment manufacturer that is engaged in the services
72    maintain, or repair and enable full functionality of digital           101    of diagnosis, maintenance, or repair of motorized wheelchairs.
73    electronic equipment; and not in a manner that impairs the             102         (5) “Original equipment manufacturer” means a business
74    efficient and cost-effective performance of any such diagnosis,        103    engaged in selling, leasing, or supplying new motorized
75    maintenance, or repair, except that, when the tool is requested        104    wheelchairs manufactured by, or on behalf of, the business to
76    in physical form, a charge may be included for the reasonable,         105    any individual or business.
77    actual costs of preparing and sending the tool.                        106         (6) “Owner” means an individual or business that owns or
78         (c) Parts made available by the original equipment                107    leases a motorized wheelchair purchased or used in this state.
79    manufacturer, either directly or through an authorized repair          108         (7) “Part” means any replacement part, either new or used,
80    provider, to independent repair providers and owners at costs          109    made available by an original equipment manufacturer for
81    and terms that are equivalent to the most favorable costs and          110    purposes of effecting the services of maintenance or repair of a
82    terms under which an original equipment manufacturer offers the        111    motorized wheelchair manufactured by or on behalf of, sold, or
83    parts to an authorized repair provider and that:                       112    otherwise supplied by the original equipment manufacturer.
84         1. Accounts for any discount, rebate, convenient and timely       113         (8) “Tools” means any software, hardware, or other
85    means of delivery, means of enabling fully restored and updated        114    apparatus used for the diagnosis, maintenance, or repair of a
86    functionality, rights of use, or other incentive and preference        115    motorized wheelchair, including software or other mechanisms
87    the original equipment manufacturer offers to an authorized            116    that program a new part, calibrate functionality, or perform any

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       Florida Senate - 2025                                         SB 412          Florida Senate - 2025                                         SB 412




       17-01067-25                                               2025412__           17-01067-25                                              2025412__
117    other function required to return the wheelchair to fully              146    under the Florida Deceptive and Unfair Trade Practices Act.
118    functional condition, including any updates.                           147         Section 6.   Section 559.975, Florida Statutes, is created to
119         (9) “Trade secret” has the same meaning as in s. 688.002.         148    read:
120         Section 4.   Section 559.973, Florida Statutes, is created to     149         559.975 Limitations.—
121    read:                                                                  150         (1) This part does not require an original equipment
122         559.973 Requirements.—                                            151    manufacturer to divulge a trade secret to an owner or
123         (1) For motorized wheelchairs and parts for motorized             152    independent repair provider.
124    wheelchairs that are sold or used in this state, an original           153         (2) This part does not alter the terms of an arrangement
125    equipment manufacturer must make available to any independent          154    between an authorized repair provider and an original equipment
126    repair provider and owner by, on behalf of, or sold by such            155    manufacturer, including, but not limited to, the performance or
127    original equipment manufacturer, on fair and reasonable terms,         156    provision of warranty or recall repair work by an authorized
128    any documentation, parts, and tools required for the diagnosis,        157    repair provider on behalf of an original equipment manufacturer
129    maintenance, or repair of such a motorized wheelchair and parts        158    and pursuant to such arrangement. However, any provision in the
130    for the motorized wheelchair, inclusive of any updates to              159    terms which waives, avoids, restricts, or limits the original
131    information. The documentation, parts, and tools must be made          160    equipment manufacturer’s obligations to comply with this part is
132    available either directly by the original equipment manufacturer       161    void.
133    or via an authorized repair provider.                                  162         (3) An original equipment manufacturer or authorized repair
134         (2) For equipment that contains an electronic security lock       163    provider is not liable for any damage caused to a motorized
135    or other security-related function, the original equipment             164    wheelchair by an independent repair provider or any injury to an
136    manufacturer must make available to an owner and independent           165    owner which occurs during the course of repair, diagnosis, or
137    repair provider, on fair and reasonable terms, any special             166    maintenance.
138    documentation, tools, and parts needed to access and reset the         167         Section 7.   Section 559.976, Florida Statutes, is created to
139    lock or function when disabled in the course of diagnosis,             168    read:
140    maintenance, or repair of the motorized wheelchair. The                169         559.976 Applicability.—This part applies with respect to
141    documentation, tools, and parts may be made available through          170    motorized wheelchairs sold or in use on or after July 1, 2025.
142    appropriate secure release systems.                                    171         Section 8.   This act shall take effect July 1, 2025.
143         Section 5.   Section 559.974, Florida Statutes, is created to
144    read:
145         559.974 Enforcement.—A violation of this part is punishable

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                                                                         The Florida Senate
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                    Meeting Date                                                                                                    Bill Number orTopic
                                                                       Deliver both copies of this form to
S Commerce and Tourism                                          5enate professional staff conducting the meeting

                    aommittee                                                                                               Amendment Barcode (if applicable)

            Laura-Lee Minutello                                                                      Phone
                                                                                                               321-945-5129
Name


Address 2473 Care Drive, Suite 200                                                                    Email LauraM@DisabilityRightsFlorida.org
           Street

           Tallahassee                                FL                          32308
           CiIy                                       Stote                      Zip




              Speaking: liffi1r",          ffi Rquinrt ffi lnforrnution OR Waive Speaking: ffi ln Support ffi Onr'nr,
                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without
       compensation or sponsorship.
                                                                     I am a registered
                                                               l14: representing:
                                                                                         lobbyist,
                                                                                                                     ffi   I am not a lobbyist, but received
                                                                                                                           something of value for my appearance
                                                                                                                           (travel, meals, lodging, etc.),
                                                               Disability Rights FL                                        sponsored by:




This form is part of the public record for this   meeting.                                                                                         5-001 (OSl1a/2O2'll
                                                                                                                        SB 4IZ
                                                                        The Florida Senate
                    C
                    Meeting
                                  2                           APPEARANCE RECORD
                                                                                                                                     Bill Number orTopic
                                                                     Deliver both copies of this form to

Gln/\M eace & -n5u(tsM"'""                                           professional staff conducting the meeting




            il t+or/A^€s
                     Committee                                                                                              Amendment Barcode (if applicable)


Name                                                                                                Phone        401 - t+Os* z2Io
Address     Ib2O €rOfr-€ fi're .                                                                    Emair tlo    LM€sn ( 0[@1flfl0 o,qnrMl
           Street


          LONCT{AmO ?u                                                 <2-1SO
           Ctty                                       St1te                    Zip



              Speaking:             For    !     Against f] Information OR                       Waive Speaking:   !   ln Support     !    Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

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




This form is part of the public record for this meeting.                                                                                             s-001 (08/10/2021)
                                                                          The Florida Senate
   o                       g Date
                                                              APPEARANCE RECORD                                              SE +17     Bill Number orTopic
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                    Committee                                                                                                   Amendment Barcode (if applicable)


Name        A Lrso'N tlo rr'AtJ                                                                         Phone      4n-+05* 2zto
Address     I
           Street
                    20fu                            Aue                                                 rmair tfo   LM{)ft<p,l^@y4 *o                              a " ( o\A4



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           City                                       State
                                                                           32-150Zip




                Speaking            For I Against !             lnformation OR                       waive speaking:   !   tn Support    !     Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

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




This form is part of the public record for this meeting.                                                                                               s-001 (08/10/2021)
                                                                          The Florida Senate
313125                                                        APPEARANCE RECORD                                         412
                    Meeting Date                                                                                                     Bill Number orTopic
                                                                        Deliver both copies of this form to
Commerce and Tourism                                             Senate professional staff conducting the meeting

                     Committee                                                                                                Amendment Barcode (if applicable)

            Tom Griffin                                                                                         561 891 7122
Name                                                                                                  Phone


Address 215 N Monroe St                                                                               ,,nu,, tom@thegriffingroup.com
           Street

            Tallahassee                                FI                         32303
           City                                       Stote                       Zip


                              l-          l-
              speakins: ll= l!ror. ll_.ll nguinrt             [E tnforration OR                  waive speaking:    tffi ln Support m Against

                                                               PLEASE CHECK ONE OFTHE FOLLOWING:


m      I am appearing without

       compensation or sponsorship.
                                                                     am a registered lobbyist,
                                                                      I
                                                                tEi representing:                                       m   I am not a lobbyisf but received

                                                                                                                            something of value for my appearance
                                                                                                                            (travel, meals, lodging, etc.),
                                                                AA Homecare                                                 sponsored by:




This form is part of the public record for this meeting.                                                                                           s-oo1 (08/10/2021)
                                          The Florida Senate

                            Committee Agenda Request




To:              Senator Thomas Leek, Chair
                 Committee on Commerce and Tourism

Subject: Committee Agenda Request
Date:            February 11,2025



I respectfully request that Senate Bill#412, relating to Repair of Motorized Wheelchairs, be
placed on the:

        n        committee agenda at your earliest possible convenience.

        X        next committee agenda.




                                                        Carlos               Smith
                                               Florida Senate, District l7




File signed originalwith committee office                                            s-020 (03/2004)
                                               THE FLORIDA SENATE                                     COMMITTEES:
                                                                                                      Appropriations Committee on Health and Human
                                                    Tallahassee, Florida 32399-1100                    Services, Vice Chair
                                                                                                      Appropriations Committee on Higher Education
                                                                                                      Commerce and Tourism
                                                                                                      Education Pre-K - 12
                                                                                                      Fiscal Policy
                                                                                                      Health Policy
                                                                                                      Transportation
                                                                                                      JOINT COMMITTEE:
                                                                                                      Joint Legislative Auditing Committee

SENATOR TRACIE DAVIS
Democratic Leader Pro Tempore
          5th District


    March 3, 2025

    The Honorable Thomas J. “Tom” Leek
    Commerce and Tourism, Chair
    310 Knott Building
    404 South Monroe Street
    Tallahassee, FL 32399-1100

    Dear Chair Leek,

    I respectfully request an excused absence from the March 3, 2025, Commerce and Tourism
    Committee meeting.

    Thank you for your consideration.

    Sincerely,



    Tracie Davis
    State Senator
    District 05




                     2933 North Myrtle Avenue, Suite 201, Jacksonville, Florida 32209 (904) 359-2575
                     210 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5005


                       BEN ALBRITTON                                                             JASON BRODEUR
                    President of the Senate                                                    President Pro Tempore


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