Pandemic Darlings The pandemic economy, in original documents
Home Source documents Meeting Packet — Commerce Committee, Florida House of Representatives (April 7, 2025)

Meeting Packet — Commerce Committee, Florida House of Representatives (April 7, 2025)

Summary

Meeting packet of the Commerce Committee of the Florida House of Representatives for Monday, April 7, 2025, 3:00 PM to 6:00 PM. The agenda lists CS/HB 379 (Securities), CS/HB 453 (Pool/Spa Contractors), CS/HB 541 (Minimum Wage Requirements), HB 703 (Utility Relocation), HB 955 (Employment Eligibility) and CS/HB 1161, among other items. The bill analysis for CS/HB 379 states that the bill makes many changes throughout the Florida Securities and Investor Protection Act, including expanding the list of securities transactions exempt from registration. The packet closes with an amendment offered by Representative Duggan to CS/HB 1161, with a title amendment providing severability.

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

Cite this document

“Meeting Packet — Commerce Committee, Florida House of Representatives (April 7, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-07-3285-commerce-committee-meeting-packets-mtg14721-6f9bbcadee/, SHA-256 9d3405a3402b94d18fadae8fd9c2558dfedee574d0964cb22bc4d3600d443f45.

Full text

               Commerce Committee
                  Monday, April 7, 2025
                   3:00 PM - 6:00 PM
                 Webster Hall (212 Knott)




                     Meeting Packet




Daniel Perez                                James Buchanan
Speaker                                               Chair
                    The Florida House of Representatives
                                          Commerce Committee

Daniel Perez                                                                                        James Buchanan
Speaker                                                                                                      Chair

                                               Meeting Agenda

                                           Monday, April 7, 2025
                                            3:00 pm – 6:00 pm
                                          Webster Hall (212 Knott)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):
       • CS/HB 379 Securities by Insurance & Banking Subcommittee, Barnaby

       •   CS/HB 453 Pool/Spa Contractors by Industries & Professional Activities
           Subcommittee, Smith, Alvarez, D.

       •   CS/HB 541 Minimum Wage Requirements by Careers & Workforce Subcommittee,
           Chamberlin

       •   HB 703 Utility Relocation by Robinson, W.

       •   CS/HB 867 Indemnification and Insurance Obligations of Commuter Rail
           Transportation Providers by Economic Infrastructure Subcommittee, Lopez, V.

       •   HB 955 Employment Eligibility by Jacques

       •   CS/HB 1161 Removal of Altered Sexual Depictions Posted without Consent by
           Industries & Professional Activities Subcommittee, Duggan

 V.    Closing Remarks

VI.    Adjournment



                   214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
                                                   (850) 717-4870
CS/HB 379
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 379                                                       COMPANION BILL: CS/SB 988 (Truenow)
TITLE: Securities                                                       LINKED BILLS: None
SPONSOR(S): Barnaby                                                     RELATED BILLS: None
Committee References
                Insurance & Banking                                                                      Commerce
                   17 Y, 0 N, As CS                                    

SUMMARY
Effect of the Bill:
The Florida Securities and Investor Protection Act (the Act) governs the registration and examination of firms,
branches, and individuals offering investment services in the state. The Office of Financial Regulation Division of
Securities (OFR) is responsible for administering and enforcing compliance with the Act.

The bill makes many changes throughout the Act. In general, the bill:
    Expands the list of securities transactions that are exempt from registration;
    Requires the Financial Services Commission to consider certain factors when designating a foreign
        securities exchange or foreign securities market by rule;
    Amends the Florida Invest Local Exemption to require an issuer to file a written consent to service of
        process with OFR prior to commencing an offer;
    Removes the requirement for OFR to find that an issuer’s enterprise or business is not based on unsound
        business principles in order to approve the issuer’s application for registration;
    Limits the application of the Act’s disqualification provision as it relates to SEC Rule 506(d);
    Specifies certain persons that must submit fingerprints to the Department of Law Enforcement; and
    Clarifies certain eligibility and application requirements for persons seeking payment from the Securities
        Guaranty Fund.

Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector and an indeterminate impact on state government.


JUMP TO                  SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill makes many changes throughout the Florida Securities and Investor Protection Act (Act), which is codified
in chapter 517, F.S.

Definitions
The bill creates definitions for the following terms, as such terms are used in the Act:
    “Branch manager” means a natural person who administers or supervises the affairs or operations of a
        branch office.
    “Corporation” has the same meaning as the terms “corporation,” “domestic corporation,” “foreign
        corporation,” “nonprofit corporation,” or “foreign nonprofit corporation” are defined under the Florida
        Business Corporation Act.1

1 “Corporation” or “domestic corporation” means a corporation for profit, which is not a foreign corporation, incorporated

under chapter 607, F.S., the Florida Business Corporation Act. S. 607.01401(13), F.S. “Foreign corporation” means an entity
STORAGE NAME: h0379b.COM
DATE: 4/4/2025
                                                                                                                                             1
       “Director” means a person appointed or elected to sit on a board that manages the affairs of a corporation
        or other organization by electing or exercising control over its officers.
       “General partner” means a co-owner or manager of a partnership who has unlimited liability for the
        partnership’s debts, including a “general partner” as that term is defined in the Florida Revised Uniform
        Limited Partnership Act of 2005.2
       “Limited liability company” has the same meaning as the terms “limited liability company” or “foreign
        limited liability company” are defined under the Florida Revised Limited Liability Company Act.3
       “Limited liability company manager” or “limited liability managing member” means a person who is
        responsible alone or in concert with others for performing the management functions of a limited liability
        company.
       “Limited partner” means a co-owner of a partnership who has limited liability for the partnership’s debts,
        including a “limited partner” as that term is defined in the Florida Revised Uniform Limited Partnership Act
        of 2005.4
       “Partnership” means two or more persons carrying on as co-owners of a business and including a “limited
        partnership,” “limited liability limited partnership,” “foreign limited partnership,” or “foreign limited
        liability limited partnership,” as those terms are defined in the Florida Revised Uniform Limited
        Partnership Act.
       “Shareholder” means a person who owns at least one share of a corporation and whose ownership is
        reflected in the records of the corporation.
       “Trust” has the same meaning as defined under the Florida Probate Code.5 (Section 1.)

The bill amends the definition of “intermediary” to mean a person that facilitates through its website the offer or
sale of securities of an issuer with a principal place of business in this state. (Section 1.)




incorporated or organized under laws other than the laws of Florida which would be a corporation for profit if incorporated
under the laws of Florida. S. 607.01401(36), F.S.
2 “General partner” means: (a) with respect to a limited partnership, a person that becomes a general partner under s.

620.1401, F.S., or was a general partner in a limited partnership when the limited partnership became subject to the Florida
Revised Uniform Limited Partnership Act of 2005 pursuant to ss. 620.2204(1) or (2), F.S.; (b) with respect to a foreign limited
partnership, a person that has rights, powers, and obligations similar to those of a general partner in a limited partnership. S.
620.1102(9), F.S.
3 “Limited liability company,” except in the phrase “foreign limited liability company,” means an entity formed or existing

under chapter 605, F.S., the Florida Revised Limited Liability Company Act, or an entity that becomes subject to chapter 605
pursuant to ss. 605.1001-605.1072, F.S. S. 605.0102(36), F.S. “Foreign limited liability company” means an unincorporated
entity that was formed in a jurisdiction other than Florida and is denominated by that law as a limited liability company. S.
605.0102(26), F.S.
4 “Limited partner” means: (a) with respect to a limited partnership, a person that becomes a limited partner under s.

620.1301, F.S. or was a limited partner in a limited partnership when the limited partnership became subject to the Florida
Revised Uniform Limited Partnership Act of 2005 pursuant to ss. 620.2204(1) or (2), F.S.; (b) with respect to a foreign limited
partnership, a person that has rights, powers, and obligations similar to those of a limited partner in a limited partnership. S.
620.1102(11), F.S.
5 “Trust” means an express trust, private or charitable, with additions to it, wherever and however created. It also includes a

trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express
trust. “Trust” excludes other constructive trusts, and it excludes resulting trusts; conservatorships; custodial arrangements
pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to
beneficiaries; common trust funds; land trusts under s. 689.071, F.S., except to the extent provided in s. 689.071(7), F.S.; trusts
created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements;
liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or
employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another. S.
731.201(38), F.S.
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                  2
Exempt Transactions
The bill expands the list of securities transactions that are currently exempt from registration under the Act. Under
the bill, the offer or sale of securities to the following individuals are exempt:
     A savings and loan association, building and loan association, cooperative bank, homestead association, or
         credit union, which is supervised and examined by a state or federal authority having supervision over any
         such institution.
     A federal covered adviser, investment adviser registered pursuant to the laws of a state, exempt reporting
         adviser or private fund adviser as those terms are defined in s. 517.12(23)(a)2. and 3, F.S.6 respectively,
         investment adviser relying on the exemption from registering with the Securities and Exchange
         Commission under s. 203(l) or (m) of the Investment Advisers Act of 1940, as amended, business
         development company as defined in s. 2(a)(48) of the Investment Company Act of 1940, as amended, or
         business development company as defined in s. 202(a)(22) of the Investment Advisers Act of 1940, as
         amended.
     A small business investment company licensed by the Small Business Administration under s. 301(c) of the
         Small Business Investment Act of 1958, as amended, or rural business investment company as defined in s.
         384A of the Consolidated Farm and Rural Development Act.
     A plan established and maintained by a state, a political subdivision thereof, or any agency or
         instrumentality of a state or a political subdivision, for the benefit of its employees, if such plan has total
         assets in excess of $5 million, an employee benefit plan within the meaning of the Employee Retirement
         Income Security Act of 1974 if the investment decision is made by a plan fiduciary, as described in s. 3(21)
         of such act, which is a bank, savings and loan association, insurance company, or federal covered adviser, or
         if the employee benefit plan has total assets in excess of $5 million or, if a self-directed plan, with
         investment decisions made solely by persons that are accredited investors. (Section 2.)

The bill also exempts the offer or sale of securities to the following entities:
    An organization described in s. 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts trust or
        similar business trust, partnership, or limited liability company, not formed for the specific purpose of
        acquiring the securities offered, with total assets in excess of $5 million.
    A trust, with total assets in excess of $5 million, not formed for the specific purpose of acquiring the
        securities offered, whose purchase is directed by a sophisticated person as described in Securities and
        Exchange Commission Rule 506(b)(2)(ii),7 as amended.
    An entity of a type not listed above which owns investments as defined in Securities and Exchange
        Commission Rule 2a51-1(b),8 as amended, in excess of $5 million and is not formed for the specific purpose
        of acquiring the securities offered.
    A family office as defined in Securities and Exchange Commission Rule 202(a)(11)(G)-1 under the
        Investment Advisers Act of 1940,9 as amended, provided that:
             o The family office has assets under management in excess of $5 million;
             o The family office is not formed for the specific purpose of acquiring the securities offered; and
             o The prospective investment of the family office is directed by a person who has knowledge and
                experience in financial and business matters that the family office is capable of evaluating the
                merits and risks of the prospective investment.
    An entity in which all of the equity owners are one of the types of entities described above or is a bank,
        trust company, savings institution, insurance company, dealer, investment company as defined in the
        Investment Company Act of 1940, as amended, pension or profit-sharing trust, or qualified institutional
        buyer, whether any of such entities is acting in its individual or fiduciary capacity. (Section 2.)



6 The bill renumbers current subsection (22) in s. 517.12, F.S. to (23). Under s. 517.12(22)(a)2., F.S.,, “exempt reporting

adviser” has the same meaning as in the Glossary of Terms to Form ADV, the uniform application for investment adviser
registration, 17 C.F.R. s. 279.1. Under s. 517.12(22)(a)3., F.S.,, “private fund adviser” means an investment adviser who
provides advice to solely one or more qualifying private funds.
7 17 C.F.R. s. 230.506(b)(2)(ii).
8 17 C.F.R s. 270.2a51-1(b).
9 17 C.F.R. s. 275.202(a)(11)(G)-1

JUMP TO                 SUMMARY                      ANALYSIS              RELEVANT INFORMATION                BILL HISTORY
                                                                                                                              3
The bill amends the requirements for an issuer claiming the exemption identified in subsection (11) of the Florida
statute that lists the Act’s exempt transactions.10 The bill requires that the issuer, within 15 days after the first sale
in Florida, file with OFR an irrevocable written consent to service of civil process, similar to that provided in s.
517.101, F.S. in addition to the materials currently required to be filed with OFR under subsection (11) of such
statute.11 (Section 2.)

Foreign Securities Exchange
The bill clarifies that the conditions to claim the Act’s exemption relating to foreign securities markets must be met
at the time of the transaction that is the subject of the claimed exemption. (Section 2.)

The bill also removes the Act’s designation of Canada, together with its provinces and territories, as a foreign
jurisdiction, and also removes the Act’s designation of the Toronto Stock Exchange, Inc., as a foreign securities
exchange. Going forward, foreign securities markets and foreign securities exchanges will be designated by rule of
the Financial Services Commission (Commission). (Section 2.)

Moreover, under the bill, the Commission must consider certain factors when designating a foreign securities
exchange or foreign securities market under the Act. The factors to consider include the foreign securities market’s
or foreign security exchange’s:
     Organization under foreign law.
     Association with a generally recognized community of dealers, financial institutions, or other professional
        intermediaries with an established operating history.
     Oversight by a governmental or self-regulatory body.
     Oversight standards set by general law.
     Reporting of securities transactions on a regular basis to a governmental or self-regulatory body.
     A system for exchange of price quotations through common communications media.
     An organized clearance and settlement system.
     Listing in Securities and Exchange Commission Regulation S Rule 902. (Section 2.)

Florida Invest Local Exemption
The bill requires that an issuer making an offering under the Florida Invest Local Exemption must file with OFR, in
addition to the disclosure statement required by the exemption, a notice of transaction on a form prescribed by
Commission rule, and an irrevocable written consent to service of civil process, similar to that provided in s.
517.101, F.S. (Section 3.)

“Bad Actor” Disqualification
The bill limits the application of the Act’s disqualification provision to only certain persons and entities subject to
SEC Rule 506(d).12 Under the bill, a registration exemption provided by the Act is not available to an issuer if, at the
time the issuer makes an offer for the sale of a security, any of the following entities would be disqualified under SEC
Rule 506(d):
    The issuer;
    A predecessor of the issuer;
    An affiliated issuer;
    A director, executive officer, or other officer of the issuer participating in the offering;
    A general partner or managing member of the issuer;
    A beneficial owner of 20 percent or more of the issuer’s outstanding voting equity securities, calculated on
        the basis of voting power; or
    A promoter connected with the issuer in any capacity at the time of the sale. (Section 5.)




10 See s. 517.061, F.S.
11 The other materials to be filed include a notice of transaction and a copy of the general announcement of the sale. S.

517.061(11)(f), F.S.
12 17 C.F.R. s. 230.506(d).

JUMP TO                   SUMMARY                   ANALYSIS               RELEVANT INFORMATION               BILL HISTORY
                                                                                                                             4
For the avoidance of doubt, the bill clarifies that the disqualification under SEC Rule 506(d) does not apply to any
other person or entity listed in such Rule other than those expressly listed in the bill. (Section 5.)

Registration Requirements
The bill eliminates the requirement that OFR find, in order to approve a security for registration under the Act, that
the enterprise or business of the security’s issuer is not based upon unsound business principles. The bill does not
remove any of the other findings that OFR must make in order to register a security under the Act. (Section 7.)

Requirements to Submit Fingerprints
The bill significantly revises the Act’s current requirements for submitting fingerprints to the Department of Law
Enforcement (DLE). Under the bill, the following natural persons must submit a full set of fingerprints to DLE or to
a vendor, entity, or agency authorized under s. 943.053(13), F.S. for live-scan processing in accordance with rules
adopted by the Commission:
     A natural person filing with OFR an application for registration as an associated person or intermediary.
     A natural person who holds the title of president, treasurer, chief executive officer, chief financial officer,
        chief operations officer, chief legal officer, chief compliance officer, or director for an applicant that is a
        dealer, investment adviser, or intermediary.
     A natural person who is a 5 percent or more owner of an applicant that is a dealer, investment adviser, or
        intermediary.
     With respect to each 5 percent or more owner of an applicant that is a dealer, investment adviser, or
        intermediary that is a corporation, partnership, trust, or limited liability company, each natural person who
        is a 25 percent or more owner or trustee of such entity, and each natural person who is a 25 percent or
        more owner or trustee at each level up the chain of ownership up to, but not including, an entity subject to
        sections 12 or 15(d) of the Securities Exchange Act of 1934. (Section 8.)

For purposes of the bill’s requirements relating to fingerprinting for the above individuals, the term "owner"
means:
     A shareholder who owns a percentage of a class of voting securities of a dealer or investment adviser
       applicant, and includes any person who owns, beneficially owns, has the right to vote, or has the power to
       sell or direct the sale of, the percentage of a class of a voting security of the dealer or investment adviser
       applicant specified in sub-subparagraph c. or d. above. For purposes of this provision, a person beneficially
       owns the securities if the securities are:
            o Owned by the shareholder's child, stepchild, grandchild, parent, stepparent, grandparent, spouse,
                sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law,
                sharing the same residence; or
            o Securities that the shareholder has the right to acquire, within 60 days, through the exercise of any
                option, warrant, or right to purchase the securities.
     A general partner of a partnership, and a limited partner of a partnership who has the right to receive upon
       dissolution, or has contributed, a percentage of the capital of a dealer or investment adviser applicant.
     A trustee of a trust that owns a percentage of a class of a voting security of an applicant that is a dealer,
       investment adviser, or intermediary, or that has the right to receive upon dissolution, or has contributed, a
       percentage of the capital of such applicant.
     A member of a limited liability company who has the right to receive upon dissolution, or has contributed, a
       percentage of the capital of an applicant that is a dealer, investment adviser, or intermediary, and all
       limited liability company managers of a dealer or investment adviser applicant. (Section 8.)

Under the bill, a vendor, entity, or agency authorized under s. 943.053(13), F.S., to submit fingerprints
electronically to the DLE must submit the fingerprints to DLE for state processing, and DLE must then forward the
fingerprints to the Federal Bureau of Investigation (FBI) for national processing. The bill requires that the fees for
state and federal fingerprint processing must be borne by the person subject to the criminal history record check.
(Section 8.)

The bill requires OFR to review the results of the state and federal criminal history record checks and determine
whether the applicant is disqualified from registration. Under the bill, the Commission may waive by rule the bill’s
JUMP TO               SUMMARY                   ANALYSIS             RELEVANT INFORMATION            BILL HISTORY
                                                                                                                         5
requirement that the persons listed in the bill submit fingerprints or the bill’s requirement that such fingerprints
be processed by DLE or the FBI. (Section 8.)

Exemption from Registration for Certain M&A Brokers
The bill essentially adopts the changes adopted by the North American Securities Administrators Association
(NASAA) in May of 2024 to the NASAA’s Model Rule Exempting Certain Merger & Acquisition Brokers (M&A
Brokers) from Registration (Model Rule). Specifically, the bill adopts the Model Rule’s definition of “business
combination related shell company,” which defines the term as a shell company that is formed by an entity that is
not a shell company solely for the purpose of:
     Changing the corporate domicile of the entity solely within the United States; or
     Completing a business combination transaction, as defined in 17 C.F.R. s. 230.165(f), among one or more
        entities other than the company itself, none of which is a shell company. (Section 8.)

The bill requires that an M&A broker, for purposes of the Act’s exemption, must receive additional written
assurances, prior to the completion of a securities transaction, from any person that, after the transaction is
completed, will be active in the management of the eligible privately held company or the business conducted with
the assets of such company. (Section 8.)

The bill also provides that an M&A broker engaged in a transaction exempt under s. 517.061(7), F.S., is exempt
from registration unless the M&A broker:
    Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company,
        receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the
        transaction;
    Engages on behalf of an issuer in a public offering of any class of securities which is registered, or which is
        required to be registered, with the SEC under the Securities Exchange Act of 1934, or with OFR under s.
        517.07, F.S.; or for which the issuer files, or is required to file, periodic information, documents, and reports
        under s. 15(d) of the Securities Exchange Act of 1934;
    Engages on behalf of any party in a transaction involving a shell company, other than a business
        combination related shell company;
    Directly, or indirectly through any of its affiliates, provides financing related to the transfer of ownership of
        an eligible privately held company;
    Assists any party to obtain financing from an unaffiliated third party without:
             o Complying with all other applicable laws in connection with such assistance; and
             o Disclosing any compensation in writing to the party;
    Represents both the buyer and the seller in the same transaction without providing clear written
        disclosure as to the parties the broker represents and obtaining written consent from both parties to the
        joint representation;
    Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire
        the eligible privately held company;
    Engages in a transaction involving the transfer of ownership of an eligible privately held company to a
        passive buyer or group of passive buyers;
    Binds a party to a transfer of ownership of an eligible privately held company; or
    Is subject to, or an officer, director, member, manager, partner, or employee of the broker is subject to, the
        certain disciplinary actions. (Section 8.)

Securities Guaranty Fund
The bill creates a definition for the term “restitution order,” as such term is used in the Act’s provisions relating to
the Securities Guaranty Fund. The bill defines the term as a court order awarding a specified monetary amount to a
named aggrieved party for a violation of s. 517.07, F.S. or s. 517.301, F.S., to be paid by a named violator. (Section
9.)

The bill revises the conditions that a person must meet to be eligible for payment from the Securities Guaranty
Fund to cover instances involving restitution orders. The bill also revises the minimum information that is

JUMP TO               SUMMARY                    ANALYSIS             RELEVANT INFORMATION            BILL HISTORY
                                                                                                                       6
required to be included on an application for payment from the Securities Guaranty Fund to cover instances
involving restitution orders. (Section 9.)

RULEMAKING:
The bill removes the Act’s designation of specific foreign securities exchanges and foreign securities markets and,
in its place, requires the Commission to designate such foreign exchanges and markets by rule and requires the
Commission to consider certain factors when making such designation. The bill also allows the Commission to
modify the dollar figures for the eligibility of a privately held company, for purposes of the Act’s exemption related
to merger and acquisition brokers, by rule.

New rules will need to be adopted to implement the above-referenced changes made by the bill.13

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The revenue collected for the state portion of a state and national criminal history record check is $24, which goes
into the Department of Law Enforcement’s Operating Trust Fund.14 The impact of the bill’s provisions relating to
the Act’s fingerprinting requirements is unknown at this time.15

PRIVATE SECTOR:
The bill has a minimal positive impact on the private sector, as the bill modernizes Florida’s securities laws to align
with recent developments in federal securities laws and model securities laws for states.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Federal Securities Laws
There are several major federal securities laws that govern securities offerings in the United States. The Securities
Exchange Act of 1933 (the 1933 Act) generally requires that investors receive financial and other significant
information concerning securities being offered for public sale, and prohibits deceit, misrepresentations, and other
fraud in the sale of securities.16

With the Securities Exchange Act of 1934 (1934 Act), Congress created the Securities and Exchange Commission
(SEC).17 The SEC’s authority under the 1934 Act includes, but is not limited to, the power to register, regulate, and
oversee brokerage firms, transfer agents, clearing agencies, and the nation's securities self-regulatory
organizations (SROs).18 The various securities exchanges, such as the New York Stock Exchange, the NASDAQ Stock
Market, and the Chicago Board of Options are SROs.19 The Financial Industry Regulatory Authority (FINRA) is also
an SRO.20



13 Supra, note 54, at p. 11.
14 Florida Department of Law Enforcement, Agency Analysis of 2025 HB 379, p. 3 (Feb. 7, 2025).
15 Id.
16 U.S. Securities and Exchange Commission, Statutes and Regulations, https://www.sec.gov/rules-regulations/statutes-

regulations#secact1933 (last visited Feb. 28, 2025).
17 Id.
18 Id.
19 Id.
20 Id.

JUMP TO                  SUMMARY                   ANALYSIS            RELEVANT INFORMATION              BILL HISTORY
                                                                                                                        7
Other federal securities laws include the Trust Indenture Act of 1939, Investment Company Act of 1940,
Investment Advisers Act of 1940, Sarbanes-Oxley Act of 2002, Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010, and Jumpstart Our Business Startups Act of 2012.21

Florida’s Securities Laws
In addition to the federal securities laws, every state has its own set of securities laws, which are commonly
referred to as "Blue Sky Laws.”22 Like the federal securities laws, Blue Sky Laws are designed to protect investors
against fraudulent sales practices and activities.23 Chapter 517, F.S., codifies the Florida Securities and Investor
Protection Act (Act), which governs the registration and examination of firms, branches, and individuals offering
investment services in the state.24

The Act prohibits dealers and associated persons from offering or selling securities in Florida unless registered
with the Office of Financial Regulation (OFR) or specifically exempted.25 Additionally, all securities in Florida must
be registered with OFR unless they meet one of the exemptions under the Act,26 or are federally covered (i.e., under
the exclusive jurisdiction of the SEC).27

Failure to meet the precise requirements of the Act’s exemptions can subject the violator to civil, criminal, and
administrative liability for the sale of unregistered securities, which is a third-degree felony.28 Civil remedies under
the Act include rescission and damages.29

Office of Financial Regulation: Division of Securities
The Division of Securities (Division), housed within the Office of Financial Regulation (OFR),30 is responsible for
administering and enforcing compliance with the Act.31 The Division carries out its duties through its two bureaus.
The Bureau of Registration registers securities firms and their employees to conduct business in, to, or from the
state.32 The Bureau of Enforcement receives and processes consumer complaints regarding securities industry
activities and participants, conducts examinations of securities firms and their employees, and develops
enforcement actions brought by OFR for violations of the Act.33

As of June 30, 2023, the Division had total active registrants in the following areas:
             Dealers and investment adviser firms: 10,701
             Branch offices: 11,667
             Individual associated persons: 373,710
             Crowdfunding intermediaries: 234



21 For further information on the various federal securities laws, see https://www.sec.gov/rules-regulations/statutes-

regulations#secact1933 (last visited Feb. 28, 2025).
22 U.S. Securities and Exchange Commission, Blue Sky Laws, https://www.investor.gov/introduction-investing/investing-

basics/glossary/blue-sky-laws (last visited Feb. 28, 2025).
23 Id.
24 Id.
25 See s. 517.12, F.S.
26 See ss. 517.051, F.S. and 517.061, F.S.
27 S. 517.07, F.S. If a security is registered with the SEC, s. 517.082, F.S. requires the broker or issuer to notify OFR that the

security is registered with the SEC.
28 S. 517.302(1), F.S.
29 S. 517.211, F.S.
30 The Financial Services Commission, comprised of the Governor and the Cabinet, serves as OFR’s agency head for purposes of

rulemaking and appoints OFR’s Commissioner, who serves as the agency head for purposes of final agency action for all areas
within OFR’s regulatory authority. S. 20.121(3), F.S.
31 Office of Financial Regulation, Long Range Program Plan, Sep. 2023, at p. 22,

http://floridafiscalportal.state.fl.us/Document.aspx?ID=28240&DocType=PDF (last visited Feb. 28, 2025).
32 Id.
33 Id.
34 Id. Florida ranks third in the nation in the number of registered dealers, investment advisers, and their registered associated

persons, and fourth in the number of registered branch offices.
JUMP TO                 SUMMARY                     ANALYSIS               RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                8
Exempt Transactions
Certain securities transactions are exempt from the registration requirements of the Act.35 Other than one
exception,36 the exemptions are self-executing and do not require any filing with OFR before being claimed.37

Any person who claims an exemption bears the burden of proving they are entitled to the exemption in any
proceeding brought under the Act.38 Further, although the Act’s registration requirements do not apply to
transactions that are explicitly exempt, such transactions are subject to the Act’s anti-fraud provisions.39

Foreign Securities Exchanges
The Act’s registration requirements do not apply to a nonissuer transaction in an outstanding security effected by
or through a dealer registered or exempt from registration under the Act if all of the following are true:
     The issuer is a reporting issuer in a foreign jurisdiction identified by statute or by commission rule, and the
       issuer has been subject to continuous reporting requirements in such foreign jurisdiction for not less than
       180 days before the transaction; and
     The security is listed on the securities exchange designated by statute or by commission rule, is a security
       of the same issuer which is of senior or substantially equal rank to the listed security, or is a warrant or
       right to purchase or subscribe to any such security.40

For purposes of this exemption, the Act designates Canada, together with its provinces and territories, as a foreign
jurisdiction, and the Toronto Stock Exchange, Inc., as a securities exchange.41 If, after an administrative hearing,
OFR finds that revocation of a statutory designation is necessary or appropriate in furtherance of the public
interest and for the protection of investors, OFR may revoke the designation of a securities exchange.42

Florida Invest Local Exemption
In 2024, the Florida Invest Local Exemption (FIL Exemption), based in part on Georgia’s “Invest Georgia
Exemption,”43 was created under the Act.44 The FIL Exemption exempts the offer and sale of securities from the
Act’s registration requirements when such securities are part of an intrastate offering that meets certain
requirements.45 An offering under the FIL exemption is limited to $500,000, and any one investor may not invest
more than $10,000 unless the investor is accredited, a specified employee, or a 10% or more shareholder.46

Under the FIL Exemption, an offer or sale of security by an issuer is exempt from the Act’s registration
requirements if the following conditions are met:
    The issuer must be a for-profit business entity registered with the Department of State with its principal
       place of business in this state.47
    The issuer is not, before or as a result of the offering:
           o An investment company;
           o Subject to the reporting requirements of the 1934 Act;
           o A business entity with an undefined business plan, that lacks a business plan, that lacks a stated
               investment goal for the funds being raised, or that plans to engage in a merger or acquisition with
               an unspecified business entity; or
           o Disqualified pursuant to s. 517.0616, F.S.48

35 For a list of exempt transactions, see s. 517.061, F.S.
36 S. 517.061(11), F.S., is the exception.
37 S. 517.061, F.S.
38 Id.
39 See s. 517.301, F.S.
40 S. 517.061(20), F.S.
41 Id.
42 Id.
43 For more information on the Georgia Invest Local Exemption, see Georgia Secretary of State Securities Division, Invest

Georgia Exemption, https://sos.ga.gov/sites/default/files/2023-05/IGE%20pamplet-web.pdf (last visited Mar. 1, 2025).
44 See ch. 2024-168, Laws of Fla.
45 See s. 517.0612, F.S.
46 Ss. 517.0612(5), (6)(a), F.S.
47 S. 517.0612(4), F.S.

JUMP TO                   SUMMARY                      ANALYSIS           RELEVANT INFORMATION              BILL HISTORY
                                                                                                                            9
        Further, the transaction must meet the requirements of the federal exemption for intrastate offerings in s.
         3(a)(11) of the 1933 Act and SEC Rule 147 or SEC Rule 147A.49

An issuer making an offering under the FIL Exemption must file a notice of the offering and a copy of the disclosure
statement with OFR, on a form prescribed by Commission rule, no less than 5 days before the offering
commences.50 If there are any material changes to the submitted information, the issuer must, within 3 days after
such material change, file an amended notice with OFR.51

Disqualification of “Bad Actors” Under SEC Rule 506(d)
A registration exemption provided by the Act is not available to an issuer if the issuer would be disqualified under
SEC Rule 506(d)52 at the time the issuer makes an offer for the sale of a security.53 Under the SEC Rule 506(d) “bad
actor” disqualification, an offering is disqualified from relying on the exemptions in Rule 506(b) and 506(c) of
Regulation D if the issuer or any other person covered by Rule 506(d) has a relevant criminal conviction,
regulatory or court order, or other disqualifying event.54

The persons covered by SEC Rule 506(d) includes:
    The issuer, including its predecessors and affiliated issuers;
    Directors, general partners, and managing members of the issuer;
    Executive officers of the issuer, and other officers of the issuers that participate in the offering;
    20 percent beneficial owners of the issuer, calculated on the basis of total voting power;
    Promoters connected to the issuer;
    For pooled investment fund issuers, the fund’s investment manager and its principals; and
    Persons compensated for soliciting investors, including their directors, general partners and managing
       members.55

In 2024, industry members expressed concern that the inclusion of current s. 517.061(9), F.S., in the Act’s
disqualification provision would prohibit certain transactions with institutional investors in Florida, including
offerings pursuant to Rule 144A under the Securities Act of 1933.56

Registration Requirements
Under the Act, OFR must record the registration of a security in OFR’s register of securities if, upon examination of
an application, it finds that all of the following requirements are met:
     The application is complete;
     The fee to register57 has been paid;
     The sale of the security would not be fraudulent and would not work or tend to work a fraud upon the
       purchaser;
     The terms of the sale of such securities would be fair, just, and equitable; and
     The enterprise or business of the issuer is not based upon unsound business principles.58

48 S. 517.0612(4)(a)-(d), F.S.
49 S. 517.0612(3), F.S.
50 S. 517.0612(10), F.S.
51 Id.
52 17 C.F.R. § 230.506(d).
53 S. 517.0616, F.S.
54 U.S. Securities and Exchange Commission, Disqualification of Felons and Other "Bad Actors" from Rule 506 Offerings and

Related Disclosure Requirements, Sep. 2013, https://www.sec.gov/resources-small-businesses/small-business-compliance-
guides/disqualification-felons-other-bad-actors-rule-506-offerings-related-disclosure-requirements#P9_40 (last visited Mar.
1, 2025).
55 Id. See also 17 C.F.R. § 230.506(d)(1).
56 Office of Financial Regulation, Agency Analysis of 2025 House Bill 379, at p. 3 (Feb. 12, 2025).
57 An issuer filing an application under the Act must, at the time of filing, pay OFR a nonreturnable fee of $1,000 per application

for each offering that exceeds the amount provided in s. 3(b) of the Securities Act of 1933, as amended, or $200 per application
for each offering that does not exceed the amount provided in s. 3(b) of the Securities Act of 1933, as amended. S. 517.081(8),
F.S.
58 S. 517.081(9)(a), F.S.

JUMP TO                    SUMMARY                   ANALYSIS              RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                10
Requirements to Submit Fingerprints
The Act specifies certain information that the Commission or OFR may require for an applicant seeking
registration,59 and requires any direct owners, principals, or indirect owners of an applicant that are required to be
reported on the application for registration to submit fingerprints for live-scan processing.60

In December 2023, the FBI communicated to OFR’s liaison at DLE that the Act’s fingerprinting requirements were
insufficient for the FBI to continue providing fingerprint services to OFR.61 The FBI cited Pub. L. 92-544, 86 Stat.
1115 (1972) and indicated the categories of individuals subject to the Act’s fingerprinting requirements were
unclear and overly broad and that additional definitions were needed.62

Exemption for Certain M&A Brokers from Registration
The Act provides an exemption from registration requirements for certain merger and acquisition (M&A)
brokers.63,64 The Act’s exemption is based off of a model rule promulgated by the North American Securities
Administrators Association’s (NASAA).65 The NASAA is a voluntary, international, association whose membership
consists of 67 state, provincial, and territorial securities administrators.66 Formed in 1919, NASAA is the oldest
international organization devoted to investor protection.67 NASAA advocates on behalf of state securities agencies
in the United States that are responsible for capital formation and investor protection.68 NASAA also coordinates
training and education seminars for securities agency staff69 and creates model rules for implementation amongst
its members.70

NASAA adopted the NASAA Model Rule Exempting Certain M&A Brokers from Registration (Model Rule) in
September of 2015.71 The Model Rule was subsequently incorporated into the Act in July of 2016.72 NASAA
amended the Model Rule in May of 2024, to update the Model Rule in light of certain amendments that were made
to subsection 15(b)(13) of the Securities and Exchange Act of 1934.73

Under the Act’s exemption, prior to the completion of any securities transaction, an M&A broker must receive
written assurances from the control person with the largest percentage of ownership for both the buyer and seller
engaged in the transaction that, after the transaction is completed, will be a control person of an eligible privately
held company.74



59 See s. 517.12(6)(a)–(d), F.S.
60 S. 517.12(6), F.S.
61 Supra, note 54, at p. 5.
62 Id.
63 For purposes of this exemption, a broker is considered an M&A broker if he or she, or any person associated with him or her,

engages in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible
privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale,
exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible
privately held company. S. 517.12(21)(a)4., F.S.
64 See s. 517.12(21), F.S., for the Act’s exemption for M&A brokers.
65 See North American Securities Administrators Association, Model Rule Exempting Certain Merger & Acquisition Brokers From

Registration, https://www.nasaa.org/wp-content/uploads/2024/05/Model-Rule-Exempting-Certain-Merger-and-Acquisition-
Brokers-From-Registration-_5-6-2024.pdf (last visited Mar. 1, 2025).
66 NASAA, Welcome to NASAA, https://www.nasaa.org/about/ (last visited Mar. 1, 2025).
67 Id.
68 Id.
69 Id.
70 See, e.g., NASAA, NASAA Model Rule on Investment Adviser Representative Continuing Education (Model Rule 2002-411(h) or

1956-204(B)(6)-CE), https://www.nasaa.org/wp-content/uploads/2020/10/NASAA-IAR-CE-Model-Rule.pdf (last visited Mar.
1, 2025).
71 Supra note 63, at p. 1.
72 Supra note 54, at p. 6. See also, ch. 2016-111, Laws of Fla.
73 Supra note 54, at p. 6.
74 S. 517.12(21)(b), F.S.

JUMP TO                   SUMMARY                  ANALYSIS              RELEVANT INFORMATION              BILL HISTORY
                                                                                                                            11
Currently, an M&A broker engaged in a transaction exempt from s. 517.061(7), F.S., is exempt from registration
under the Act unless the M&A broker:
    Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company,
       receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the
       transaction;
    Engages on behalf of an issuer in a public offering of any class of securities which is registered, or which is
       required to be registered, with the SEC under the Securities Exchange Act of 1934, or with OFR under s.
       517.07, F.S.; or for which the issuer files, or is required to file, periodic information, documents, and reports
       under s. 15(d) of the Securities Exchange Act of 1934;
    Engages on behalf of any party in a transaction involving a public shell company;
    Is subject to a suspension or revocation of registration under s. 15(b)(4) of the Securities Exchange Act of
       1934;
    Is subject to a statutory disqualification described in s. 3(a)(39) of the Securities Exchange Act of 1934;
    Is subject to a disqualification under the SEC Rule 506(d); or
    Is subject to a final order described in s. 15(b)(4)(H) of the Securities Exchange Act of 1934.75

Securities Guaranty Fund
The Securities Guaranty Fund (Fund) was established for the purpose of providing monetary relief to victims of
securities violations under the Act, specifically to those who are entitled to monetary damages or restitution and
cannot recover the full amount of such monetary damages or restitution from the wrongdoer.76 The Fund is funded
by a percentage of revenues received as assessment fees by OFR.77

Under the Act, a person must meet the following conditions to be eligible for payment from the Fund:
    The person holds an unsatisfied final judgement in which a wrongdoer was found to have violated ss.
       517.07 or 517.301, F.S.;
    The person has applied any amounts recovered from the judgment debtor or from any other source to the
       damages awarded by the court or arbitrator; and
    The person is a natural person who was a resident of Florida, or is a business entity that was domiciled in
       Florida, at the time of the violation giving rise to the claim.78

Additionally, the Act requires an eligible person, or receiver on behalf of an eligible person, seeking payment from
the Fund to file a written application with OFR on a form that the Commission may prescribe by rule.79 The
application must be filed with OFR within one year after the date of the final judgement, the date on which the
restitution order became ripe for execution, or the date of any appealable decision thereon.

The application for payment from the Fund must contain, at a minimum, the following information:
    The eligible person’s and, if applicable, the receiver’s full names, addresses, and contact information.
    The person ordered to pay restitution.
    If the eligible person is a business entity, the eligible person’s type and place of organization and, as
       applicable, a copy, as amended, of its articles of incorporation, articles of organization, trust agreement, or
       partnership agreement.
    Any final judgment and a copy thereof.
    Any restitution order pursuant to s. 517.191(3), F.S. and a copy thereof.
    An affidavit from the eligible person stating either one of the following:
           o That the eligible person has made all reasonable searches and inquiries to ascertain whether the
               judgment debtor possesses real or personal property or other assets subject to being sold or

75 S. 517.12(21)(c), F.S.
76 S. 517.131(2), F.S.
77 S. 517.131(1)(a), F.S. A maximum of 20% of all revenues received as assessment fees pursuant to ss. 517.12(9) and (10), F.S.,

for dealers and investment advisers (or s. 517.1201, F.S. for federal covered advisers), and a maximum of 10% of all revenues
received as assessment fees pursuant to ss. 517.12(9) and (10), F.S., for associated persons must be part of the regular
registration fee and must be transferred to the Fund.
78 S. 517.131(3), F.S.
79 S. 517.131(5), F.S.

JUMP TO                     SUMMARY                ANALYSIS               RELEVANT INFORMATION              BILL HISTORY
                                                                                                                             12
                  applied in satisfaction of the final judgment and, by the eligible person’s search, that the eligible
                  person has not discovered any property or assets.
              o That the eligible person has taken necessary action on the property and assets of the wrongdoers
                  but the final judgment remains unsatisfied.
        If the application is filed by the receiver, an affidavit from the receiver stating the amount of restitution
         owed to the eligible person on whose behalf the claim is filed; the amount of any money, property, or assets
         paid to the eligible person on whose behalf the claim is filed by the person over whom the receiver is
         appointed; and the amount of any unsatisfied portion of any eligible person’s order of restitution.
        The eligible person’s residence or domicile at the time of the violation of s. 517.07, F.S. or 517.301, F.S.
         which resulted in the eligible person’s monetary damages.
        The amount of any unsatisfied portion of the eligible person’s final judgment.
        Whether an appeal or motion to vacate an arbitration award has been filed.80

RECENT LEGISLATION:

   YEAR            BILL #             HOUSE SPONSOR(S)                    SENATE SPONSOR                   OTHER INFORMATION

   2024       CS/CS/HB 311                    Barnaby                            Brodeur               The 2024 legislation that made
                                                                                                       significant substantive
                                                                                                       changes throughout the Act.
   2023       CS/CS/HB 253                    Barnaby                            Gruters               The 2023 legislation that made
                                                                                                       technical amendments
                                                                                                       throughout the Act.


                                                          BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                      DATE             POLICY CHIEF           PREPARED BY
Insurance & Banking                              17 Y, 0 N, As CS             3/5/2025               Lloyd                 Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE                          Revised the definition for the term “corporation;” and creates
COMMITTEE:                                           definitions for the terms “general partner,” “limited partner,”
                                                     “partnership,” and “shareholder.”
                                                    Regarding dealers and investment advisers, clarified the individuals
                                                     who must submit fingerprints for live-scan processing for registration
                                                     applications. This clarification addressed concerns raised by the Florida
                                                     Department of Law Enforcement (FDLE).
                                                    Regarding intermediaries, clarified the individuals who must submit
                                                     fingerprints for live-scan processing for registration applications. This
                                                     clarification addressed concerns raised by FDLE.
Commerce Committee                                                                            Hamon               Fletcher


     -------------------------------------------------------------------------------------------------------------------------------------
   THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
     -------------------------------------------------------------------------------------------------------------------------------------




80 Id.

JUMP TO                  SUMMARY                         ANALYSIS                RELEVANT INFORMATION                  BILL HISTORY
                                                                                                                                             13
F   L      O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 379                                                                                            2025




    1                                         A bill to be entitled
    2              An act relating to securities; amending s. 517.021,
    3              F.S.; providing and revising definitions; amending s.
    4              517.061, F.S.; revising the circumstances under which
    5              securities transactions are exempt from registration
    6              requirements; amending s. 517.0612, F.S.; revising the
    7              filing requirements for securities issuers under the
    8              Florida Invest Local Exemption law; amending s.
    9              517.0614, F.S.; revising circumstances under which
10                 securities offers and sales are not subject to
11                 integration with other offerings; amending s.
12                 517.0616, F.S.; revising the registration exemptions
13                 that are available to specified issuers under certain
14                 circumstances; providing applicability of certain
15                 disqualification provisions under a specified
16                 Securities and Exchange Commission rule; amending s.
17                 517.075, F.S.; making a technical change; amending s.
18                 517.081, F.S.; revising the requirements for
19                 securities registration applications; amending s.
20                 517.12, F.S.; revising the list of persons who must
21                 submit fingerprints for live-scan processing for
22                 registration applications; providing fees for
23                 fingerprint processing; providing and revising
24                 definitions; revising the written assurances
25                 requirements that merger and acquisition brokers must

                                                         Page 1 of 45

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb379-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 379                                                                                            2025




26              receive from certain control persons under specified
27              circumstances; revising the circumstances under which
28              merger and acquisition brokers are not exempt from
29              specified securities registration; amending s.
30              517.131, F.S.; providing a definition; revising the
31              circumstances under which a person is eligible for
32              payment from the Securities Guaranty Fund; revising
33              the requirements for applications for payment from the
34              fund; amending s. 517.301, F.S.; specifying a
35              prohibition against certain misrepresentations in
36              issuing and selling securities; amending ss. 517.211
37              and 517.315, F.S.; conforming cross-references;
38              providing an effective date.
39
40      Be It Enacted by the Legislature of the State of Florida:
41
42              Section 1.         Subsections (6) through (9), (10), (11), (12),
43      (13) through (17), (18), (19), (20) through (25), (26), and (27)
44      of section 517.021, Florida Statutes, are renumbered as
45      subsections (7) through (10), (12), (14), (15), (17) through
46      (21), (25), (26), (28) through (33), (36), and (37),
47      respectively, present subsections (11) and (15) are amended, and
48      new subsections (6), (11), (13), (16), (22), (23), (24), (27),
49      (34), and (35) are added to that section, to read:
50              517.021       Definitions.—When used in this chapter, unless the

                                                      Page 2 of 45

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb379-01-c1
F   L   O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 379                                                                                            2025




51      context otherwise indicates, the following terms have the
52      following respective meanings:
53              (6)     "Branch manager" means a natural person who
54      administers or supervises the affairs or operations of a branch
55      office.
56              (11)        "Corporation" means a corporation, domestic
57      corporation, foreign corporation, nonprofit corporation, or
58      foreign nonprofit corporation, as those terms are defined in s.
59      607.01401.
60              (13)        "Director" means a person appointed or elected to sit
61      on a board that manages the affairs of a corporation or other
62      organization by electing or exercising control over its
63      officers.
64              (14)(11)          "Federal covered adviser" means a person that is
65      registered or required to be registered under s. 203 of the
66      Investment Advisers Act of 1940, as amended. The term does not
67      include any person that is excluded from the definition of
68      investment adviser under subparagraphs (20)(b)1.-7. (16)(b)1.-7.
69      and 9.
70              (16)        "General partner" means a co-owner or manager of a
71      partnership who has unlimited liability for the partnership's
72      debts. The term includes a general partner as defined in s.
73      620.1102.
74              (19)(15)          "Intermediary" means a natural person that
75      residing in this state or a corporation, trust, partnership,

                                                      Page 3 of 45

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




76       limited liability company, association, or other legal entity
77       registered with the Secretary of State to do business in this
78       state, which facilitates through its website the offer or sale
79       of securities of an issuer with a principal place of business in
80       this state.
81               (22)        "Limited liability company" means a limited liability
82       company or foreign limited liability company, as those terms are
83       defined in s. 605.0102.
84               (23)        "Limited liability company manager" or "limited
85       liability managing member" means a person that is responsible
86       alone or in concert with others for performing the management
87       functions of a limited liability company.
88               (24)        "Limited partner" means a co-owner of a partnership
89       who has limited liability for the partnership's debts. The term
90       includes a limited partner as defined in s. 620.1102.
91               (27)        "Partnership" means two or more persons carrying on
92       as co-owners of a business. The term includes a limited
93       partnership, limited liability limited partnership, foreign
94       limited partnership, or foreign limited liability limited
95       partnership, as those terms are defined in s. 620.1102.
96               (34)        "Shareholder" means a person that owns at least one
97       share of a corporation and whose ownership is reflected in the
98       records of the corporation.
99               (35)        "Trust" has the same meaning as in s. 731.201.
100              Section 2.         Subsections (7) and (9), paragraph (f) of

                                                       Page 4 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




101      subsection (11), and subsections (18), (19), and (20) of section
102      517.061, Florida Statutes, are amended to read:
103              517.061       Exempt transactions.—Except as otherwise provided
104      in subsection (11), the exemptions provided herein from the
105      registration requirements of s. 517.07 are self-executing and do
106      not require any filing with the office before being claimed. Any
107      person who claims entitlement to an exemption under this section
108      bears the burden of proving such entitlement in any proceeding
109      brought under this chapter. The registration provisions of s.
110      517.07 do not apply to any of the following transactions;
111      however, such transactions are subject to s. 517.301:
112              (7)     The offer or sale of securities, solely in connection
113      with the transfer of ownership of an eligible privately held
114      company, through a merger and acquisition broker in accordance
115      with s. 517.12(22) s. 517.12(21).
116              (9)     The offer or sale of securities to:
117              (a)     A bank, trust company, savings institution, insurance
118      company, dealer, investment company as defined in the Investment
119      Company Act of 1940, 15 U.S.C. s. 80a-3, as amended, pension or
120      profit-sharing trust, or qualified institutional buyer, whether
121      any of such entities is acting in its individual or fiduciary
122      capacity.
123              (b)     A savings and loan association, building and loan
124      association, cooperative bank, homestead association, or credit
125      union, which is supervised and examined by a state or federal

                                                       Page 5 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




126      authority having supervision over any such institution.
127              (c)     A federal covered adviser, investment adviser
128      registered pursuant to the laws of a state, exempt reporting
129      adviser or private fund adviser as those terms are defined in s.
130      517.12(23)(a)2. and 3., respectively, investment adviser relying
131      on the exemption from registering with the Securities and
132      Exchange Commission under s. 203(l) or (m) of the Investment
133      Advisers Act of 1940, as amended, business development company
134      as defined in s. 2(a)(48) of the Investment Company Act of 1940,
135      as amended, or business development company as defined in s.
136      202(a)(22) of the Investment Advisers Act of 1940, as amended.
137              (d)     A small business investment company licensed by the
138      Small Business Administration under s. 301(c) of the Small
139      Business Investment Act of 1958, as amended, or rural business
140      investment company as defined in s. 384A of the Consolidated
141      Farm and Rural Development Act.
142              (e)     A plan established and maintained by a state, a
143      political subdivision thereof, or any agency or instrumentality
144      of a state or a political subdivision, for the benefit of its
145      employees, if such plan has total assets in excess of $5
146      million, an employee benefit plan within the meaning of the
147      Employee Retirement Income Security Act of 1974 if the
148      investment decision is made by a plan fiduciary, as described in
149      s. 3(21) of such act, which is a bank, savings and loan
150      association, insurance company, or federal covered adviser, or

                                                       Page 6 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




151      if the employee benefit plan has total assets in excess of $5
152      million or, if a self-directed plan, with investment decisions
153      made solely by persons that are accredited investors.
154              (f)      An organization described in s. 501(c)(3) of the
155      Internal Revenue Code, corporation, Massachusetts trust or
156      similar business trust, partnership, or limited liability
157      company, not formed for the specific purpose of acquiring the
158      securities offered, with total assets in excess of $5 million.
159              (g)      A trust, with total assets in excess of $5 million,
160      not formed for the specific purpose of acquiring the securities
161      offered, whose purchase is directed by a sophisticated person as
162      described in Securities and Exchange Commission Rule
163      506(b)(2)(ii), 17 C.F.R. s. 230.506(b)(2)(ii), as amended.
164              (h)      An entity of a type not listed in paragraphs (a)-(g)
165      or paragraph (j) which owns investments as defined in Securities
166      and Exchange Commission Rule 2a51-1(b), 17 C.F.R s. 270.2a51-
167      1(b), as amended, in excess of $5 million and is not formed for
168      the specific purpose of acquiring the securities offered.
169              (i)      A family office as defined in Securities and Exchange
170      Commission Rule 202(a)(11)(G)-1 under the Investment Advisers
171      Act of 1940, 17 C.F.R. s. 275.202(a)(11)(G)-1, as amended,
172      provided that:
173              1.      The family office has assets under management in excess
174      of $5 million;
175              2.      The family office is not formed for the specific

                                                       Page 7 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




176      purpose of acquiring the securities offered; and
177              3.      The prospective investment of the family office is
178      directed by a person who has knowledge and experience in
179      financial and business matters that the family office is capable
180      of evaluating the merits and risks of the prospective
181      investment.
182              (j)      An entity in which all of the equity owners are
183      described in paragraphs (a)-(i).
184              (11)        Offers or sales of securities by an issuer in a
185      transaction that meets all of the following conditions:
186              (f)      The issuer files with the office a notice of
187      transaction on a form prescribed by commission rule, an
188      irrevocable written, a consent to service of civil process
189      similar to that provided in s. 517.101, and a copy of the
190      general announcement within 15 days after the first sale is made
191      in this state. The commission may adopt by rule procedures for
192      filing documents by electronic means.
193              (18)        Any nonissuer transaction by a registered dealer, and
194      any resale transaction by a sponsor of a unit investment trust
195      registered under the Investment Company Act of 1940, as amended,
196      in a security of a class that has been outstanding in the hands
197      of the public for at least 90 days; provided that, at the time
198      of the transaction, the following conditions in paragraphs (a),
199      (b), and (c) and either paragraph (d) or paragraph (e) are met:
200              (a)      The issuer of the security is actually engaged in

                                                       Page 8 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




201      business and is not in the organizational stage or in bankruptcy
202      or receivership and is not a blank check, blind pool, or shell
203      company whose primary plan of business is to engage in a merger
204      or combination of the business with, or an acquisition of, an
205      unidentified person.
206              (b)      The security is sold at a price reasonably related to
207      the current market price of the security.
208              (c)      The security does not constitute the whole or part of
209      an unsold allotment to, or a subscription or participation by,
210      the dealer as an underwriter of the security.
211              (d)      The security is listed in a nationally recognized
212      securities manual designated by rule of the commission or a
213      document filed with and publicly viewable through the Securities
214      and Exchange Commission electronic data gathering and retrieval
215      system and contains:
216              1.      A description of the business and operations of the
217      issuer.;
218              2.      The names of the issuer's officers and directors, if
219      any, or, in the case of an issuer not domiciled in the United
220      States, the corporate equivalents of such persons in the
221      issuer's country of domicile.;
222              3.      An audited balance sheet of the issuer as of a date
223      within 18 months before such transaction or, in the case of a
224      reorganization or merger in which parties to the reorganization
225      or merger had such audited balance sheet, a pro forma balance

                                                       Page 9 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




226      sheet.; and
227              4.      An audited income statement for each of the issuer's
228      immediately preceding 2 fiscal years, or for the period of
229      existence of the issuer, if in existence for less than 2 years
230      or, in the case of a reorganization or merger in which the
231      parties to the reorganization or merger had such audited income
232      statement, a pro forma income statement.
233              (e)1.       The issuer of the security has a class of equity
234      securities listed on a national securities exchange registered
235      under the Securities Exchange Act of 1934, as amended;
236              2.      The class of security is quoted, offered, purchased, or
237      sold through an alternative trading system registered under
238      Securities and Exchange Commission Regulation ATS, 17 C.F.R. s.
239      242.301, as amended, and the issuer of the security has made
240      current information publicly available in accordance with
241      Securities and Exchange Commission Rule 15c2-11, 17 C.F.R. s.
242      240.15c2-11, as amended;
243              3.      The issuer of the security is a unit investment trust
244      registered under the Investment Company Act of 1940, as amended;
245              4.      The issuer of the security has been engaged in
246      continuous business, including predecessors, for at least 3
247      years; or
248              5.      The issuer of the security has total assets of at least
249      $2 million based on an audited balance sheet as of a date within
250      18 months before such transaction or, in the case of a

                                                      Page 10 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




251      reorganization or merger in which parties to the reorganization
252      or merger had such audited balance sheet, a pro forma balance
253      sheet.
254              (19)        The offer or sale of any security effected by or
255      through a person in compliance with s. 517.12(17) s. 517.12(16).
256              (20)(a)       A nonissuer transaction in an outstanding security
257      by or through a dealer registered or exempt from registration
258      under this chapter, if, at the time of the transaction, all of
259      the following conditions are met true:
260              1.(a)       The issuer is a reporting issuer in a foreign
261      jurisdiction designated by this subsection or by commission
262      rule, and the issuer has been subject to continuous reporting
263      requirements in such foreign jurisdiction for not less than 180
264      days before the transaction.
265              2.(b)       The security is listed on a foreign securities
266      exchange or foreign securities market the securities exchange
267      designated by this subsection or by commission rule, is a
268      security of the same issuer which is of senior or substantially
269      equal rank to the listed security, or is a warrant or right to
270      purchase or subscribe to any such security.
271              (b)      The commission shall consider all of the following in
272      designating a foreign securities exchange or foreign securities
273      market for purposes of this subsection:
274              1.      Organization under foreign law.
275              2.      Association with a generally recognized community of

                                                      Page 11 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




276      dealers, financial institutions, or other professional
277      intermediaries with an established operating history.
278              3.      Oversight by a governmental or self-regulatory body.
279              4.      Oversight standards set by general law.
280              5.      Reporting of securities transactions on a regular basis
281      to a governmental or self-regulatory body.
282              6.      A system for exchange of price quotations through
283      common communications media.
284              7.      An organized clearance and settlement system.
285              8.      Listing in Securities and Exchange Commission
286      Regulation S Rule 902, 17 C.F.R. s. 230.902, as amended.
287
288      For purposes of this subsection, Canada, together with its
289      provinces and territories, is designated as a foreign
290      jurisdiction, and Toronto Stock Exchange, Inc., is designated as
291      a securities exchange. If, after an administrative hearing in
292      compliance with ss. 120.569 and 120.57, the office finds that
293      revocation is necessary or appropriate in furtherance of the
294      public interest and for the protection of investors, it may
295      revoke the designation of a foreign securities exchange or
296      foreign securities market under this subsection.
297              Section 3.         Subsection (10) of section 517.0612, Florida
298      Statutes, is amended to read:
299              517.0612          Florida Invest Local Exemption.—
300              (10)        The issuer must file with the office a notice of

                                                      Page 12 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




301      transaction on a form prescribed by commission rule, an
302      irrevocable written consent to service of civil process similar
303      to that provided in s. 517.101, and a copy of the disclosure
304      statement described in subsection (8) at least the offering with
305      the office, in writing or in electronic form, in a format
306      prescribed by commission rule, no less than 5 business days
307      before the offering commences, along with the disclosure
308      statement described in subsection (8). If there are any material
309      changes to the information previously submitted, the issuer
310      must, within 3 business days after such material change, file an
311      amended notice.
312              Section 4.         Paragraph (b) of subsection (2) of section
313      517.0614, Florida Statutes, is amended to read:
314              517.0614          Integration of offerings.—
315              (2)      The integration analysis required by subsection (1) is
316      not required if any of the following nonexclusive safe harbors
317      apply:
318              (b)      Offers and sales made in compliance with any of the
319      following provisions are not subject to integration with other
320      offerings:
321              1.      Section 517.051 or s. 517.061, except s. 517.061(10) or
322      (11) s. 517.061(9), (10), or (11).
323              2.      Section 517.0611 or s. 517.0612.
324              Section 5.         Section 517.0616, Florida Statutes, is amended
325      to read:

                                                      Page 13 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




326              517.0616          Disqualification.—
327              (1)     A registration exemption under s. 517.061(11) s.
328      517.061(9), (10), and (11), s. 517.0611, or s. 517.0612 is not
329      available to an issuer if, at the time the issuer makes an offer
330      for the sale of a security, the issuer; a predecessor of the
331      issuer; an affiliated issuer; a director, executive officer, or
332      other officer of the issuer participating in the offering; a
333      general partner or managing member of the issuer; a beneficial
334      owner of 20 percent or more of the issuer's outstanding voting
335      equity securities, calculated on the basis of voting power; or a
336      promoter connected with the issuer in any capacity at the time
337      of such sale that would be disqualified under Securities and
338      Exchange Commission Rule 506(d), 17 C.F.R. s. 230.506(d), as
339      amended, at the time the issuer makes an offer for the sale of a
340      security.
341              (2)     The disqualification under Securities and Exchange
342      Commission Rule 506(d), 17 C.F.R. s. 230.506(d), as amended,
343      does not apply to any other person or entity listed in such
344      rule.
345              Section 6.         Subsection (2) of section 517.075, Florida
346      Statutes, is amended to read:
347              517.075       Cuba, prospectus disclosure of doing business
348      with, required.—
349              (2)     Any disclosure required by subsection (1) must
350      include:

                                                      Page 14 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




351              (a)     The name of such person, affiliate, or government with
352      which the issuer does business and the nature of that business.;
353              (b)     A statement that the information is accurate as of the
354      date the securities were effective with the United States
355      Securities and Exchange Commission or with the office, whichever
356      date is later.; and
357              (c)     A statement that current information concerning the
358      issuer's business dealings with the government of Cuba or with
359      any person or affiliate located in Cuba may be obtained from the
360      office, which statement must include the address and phone
361      number of the office.
362              Section 7.         Subsection (5) and paragraph (a) of subsection
363      (9) of section 517.081, Florida Statutes, are amended to read:
364              517.081       Registration procedure.—
365              (5)     All of The following issuers are not eligible to
366      submit a simplified offering circular:
367              (a)     An issuer that is subject to any of the
368      disqualifications described in Securities and Exchange
369      Commission Rule 262, 17 C.F.R. s. 230.262, as amended, or that
370      has been or is engaged or is about to engage in an activity that
371      would be grounds for denial, revocation, or suspension under s.
372      517.111. For purposes of this paragraph, an issuer includes an
373      issuer's director, officer, general partner, manager or managing
374      member, trustee, or a person owning at least 10 percent of the
375      ownership interests of the issuer; a promoter or selling agent

                                                      Page 15 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




376      of the securities to be offered; or any officer, director,
377      partner, or manager or managing member of such selling agent.
378              (b)      An issuer that is a development-stage company that
379      either has no specific business plan or purpose or has indicated
380      that its business plan is to merge with an unidentified business
381      entity or entities.
382              (c)      An issuer of offerings in which the specific business
383      or properties cannot be described.
384              (d)      An issuer that the office determines is ineligible
385      because the simplified circular does not provide full and fair
386      disclosure of material information for the type of offering to
387      be registered by the issuer.
388              (9)(a)       The office shall record the registration of a
389      security in the register of securities if, upon examination of
390      an application, it finds that all of the following requirements
391      are met:
392              1.      The application is complete.
393              2.      The fee imposed in subsection (8) has been paid.
394              3.      The sale of the security would not be fraudulent and
395      would not work or tend to work a fraud upon the purchaser.
396              4.      The terms of the sale of such securities would be fair,
397      just, and equitable.
398              5.      The enterprise or business of the issuer is not based
399      upon unsound business principles.
400              Section 8.         Subsections (7) through (22) of section 517.12,

                                                      Page 16 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




401      Florida Statutes, are renumbered as subsections (8) through
402      (23), respectively, subsection (6), present subsection (10),
403      paragraph (b) of present subsection (14), and present
404      subsections (19), (20), and (21) are amended, and a new
405      subsection (7) is added to that section, to read:
406              517.12       Registration of dealers, associated persons,
407      intermediaries, and investment advisers.—
408              (6)     The application must also contain such information as
409      the commission or office may require about the applicant; any
410      member, principal, or director of the applicant or any person
411      having a similar status or performing similar functions; any
412      person directly or indirectly controlling the applicant; or any
413      employee of a dealer or of an investment adviser rendering
414      investment advisory services. Each applicant and any direct
415      owners, principals, or indirect owners that are required to be
416      reported on Form BD or Form ADV pursuant to subsection (14)
417      shall submit fingerprints for live-scan processing in accordance
418      with rules adopted by the commission. The fingerprints may be
419      submitted through a third-party vendor authorized by the
420      Department of Law Enforcement to provide live-scan
421      fingerprinting. The costs of fingerprint processing shall be
422      borne by the person subject to the background check. The
423      Department of Law Enforcement shall conduct a state criminal
424      history background check, and a federal criminal history
425      background check must be conducted through the Federal Bureau of

                                                      Page 17 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




426      Investigation. The office shall review the results of the state
427      and federal criminal history background checks and determine
428      whether the applicant meets licensure requirements. The
429      commission may waive, by rule, the requirement that applicants,
430      including any direct owners, principals, or indirect owners that
431      are required to be reported on Form BD or Form ADV pursuant to
432      subsection (14), submit fingerprints or the requirement that
433      such fingerprints be processed by the Department of Law
434      Enforcement or the Federal Bureau of Investigation. The
435      commission or office may require information about any such
436      applicant or person concerning such matters as:
437              (a)     The applicant's or person's full name, and any other
438      names by which the applicant or person may have been known, and
439      the applicant's or person's age, social security number,
440      photograph, qualifications, and educational and business
441      history.
442              (b)     Any injunction or administrative order by a state or
443      federal agency, national securities exchange, or national
444      securities association involving a security or any aspect of a
445      dealer's or investment adviser's regulated business and any
446      injunction or administrative order by a state or federal agency
447      regulating banking, insurance, finance, or small loan companies,
448      real estate, mortgage brokers, or other related or similar
449      industries, which injunctions or administrative orders relate to
450      such person.

                                                      Page 18 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




451              (c)      The applicant's or person's conviction of, or plea of
452      nolo contendere to, a criminal offense or the applicant's or
453      person's commission of any acts which would be grounds for
454      refusal of an application under s. 517.161.
455              (d)      The names and addresses of other persons of whom the
456      office may inquire as to the applicant's or person's character,
457      reputation, and financial responsibility.
458              (7)(a)1.          The following natural persons must submit a full
459      set of fingerprints to the Department of Law Enforcement or to a
460      vendor, entity, or agency authorized under s. 943.053(13) for
461      live-scan processing in accordance with rules adopted by the
462      commission.
463              a.      A natural person filing with the office an application
464      for registration as an associated person.
465              b.      A natural person who holds the title of president,
466      treasurer, chief executive officer, chief financial officer,
467      chief operations officer, chief legal officer, chief compliance
468      officer, or director for a dealer or investment adviser
469      applicant.
470              c.      A natural person who is a 5 percent or more owner of a
471      dealer or investment adviser applicant.
472              d.      With respect to each 5 percent or more owner of a
473      dealer or investment adviser applicant that is a corporation,
474      partnership, trust, or limited liability company, each natural
475      person who is a 25 percent or more owner or trustee of such

                                                      Page 19 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




476      entity, and each natural person who is a 25 percent or more
477      owner or trustee at each level of the chain of ownership up to,
478      but not including, an entity subject to s. 12 or s. 15(d) of the
479      Securities Exchange Act of 1934, as amended.
480              2.      For purposes of this subsection, the term "owner"
481      means:
482              a.      A shareholder that owns a percentage of a class of
483      voting securities of a dealer or investment adviser applicant,
484      and includes any person that owns, beneficially owns, has the
485      right to vote, or has the power to sell or direct the sale of,
486      the percentage of a class of a voting security of the dealer or
487      investment adviser applicant specified in sub-subparagraph 1.c.
488      or sub-subparagraph 1.d. For purposes of this sub-subparagraph,
489      a person beneficially owns any securities:
490              (I)      Owned by the shareholder's child, stepchild,
491      grandchild, parent, stepparent, grandparent, spouse, sibling,
492      mother-in-law, father-in-law, son-in-law, daughter-in-law,
493      brother-in-law, or sister-in-law sharing the same residence; or
494              (II)        That the shareholder has the right to acquire, within
495      60 days, through the exercise of any option, warrant, or right
496      to purchase the securities.
497              b.      A general partner of a partnership, and a limited
498      partner of a partnership who has the right to receive upon
499      dissolution, or has contributed, a percentage of the capital of
500      a dealer or investment adviser applicant.

                                                      Page 20 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




501              c.      A trustee of a trust that owns a percentage of a class
502      of a voting security of a dealer or investment adviser
503      applicant, or that has the right to receive upon dissolution, or
504      has contributed, a percentage of the capital of a dealer or
505      investment adviser applicant.
506              d.      A member of a limited liability company who has the
507      right to receive upon dissolution, or has contributed, a
508      percentage of the capital of a dealer or investment adviser
509      applicant, and all limited liability company managers of a
510      dealer or investment adviser applicant.
511              (b)      A vendor, entity, or agency authorized under s.
512      943.053(13) to submit fingerprints electronically to the
513      Department of Law Enforcement shall submit the fingerprints to
514      the department for state processing, and the department shall
515      forward the fingerprints to the Federal Bureau of Investigation
516      for national processing.
517              (c)      Fees for state and federal fingerprint processing
518      shall be borne by the person subject to the criminal history
519      record check. The state cost for fingerprint processing shall be
520      as provided in s. 943.053(3)(e).
521              (d)     The office shall review the results of the state and
522      federal criminal history record checks and determine whether the
523      applicant is disqualified from registration. The commission may
524      waive by rule the requirement that the persons listed in this
525      subsection submit fingerprints or the requirement that such

                                                      Page 21 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




526      fingerprints be processed by the Department of Law Enforcement
527      or the Federal Bureau of Investigation.
528              (11)(a)(10)(a)            If the office finds that the applicant has
529      complied with the applicable registration provisions of this
530      chapter and the rules made pursuant hereto, it shall register
531      the applicant unless the applicant is otherwise disqualified for
532      registration pursuant to law. The registration of each dealer,
533      investment adviser, and associated person expires on December 31
534      of the year the registration became effective unless the
535      registrant has renewed its registration on or before that date.
536      Registration may be renewed by furnishing such information as
537      the commission may require, together with payment of the fee
538      required in paragraph (10)(a) (9)(a) for dealers, investment
539      advisers, or associated persons and the payment of any amount
540      lawfully due and owing to the office pursuant to any order of
541      the office or pursuant to any agreement with the office. Any
542      dealer, investment adviser, or associated person who has not
543      renewed a registration by the time the current registration
544      expires may request reinstatement of such registration by filing
545      with the office, on or before January 31 of the year following
546      the year of expiration, such information as may be required by
547      the commission, together with payment of the fee required in
548      paragraph (10)(a) (9)(a) for dealers, investment advisers, or
549      associated persons and a late fee equal to the amount of such
550      fee. Any reinstatement of registration granted by the office

                                                      Page 22 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




551      during the month of January shall be deemed effective
552      retroactive to January 1 of that year.
553              (b)      The office shall waive the $50 assessment fee for an
554      associated person required by paragraph (10)(a) (9)(a) for a
555      registrant renewing his or her registration who:
556              1.      Is an active duty member of the United States Armed
557      Forces or the spouse of such member;
558              2.      Is or was a member of the United States Armed Forces
559      and served on active duty within the 2 years preceding the
560      expiration date of the registration pursuant to paragraph (a).
561      To qualify for the fee waiver, a registrant who is a former
562      member of the United States Armed Forces who served on active
563      duty within the 2 years preceding the expiration date of the
564      registration must have received an honorable discharge upon
565      separation or discharge from the United States Armed Forces; or
566              3.      Is the surviving spouse of a member of the United
567      States Armed Forces if the member was serving on active duty at
568      the time of death and died within the 2 years preceding the
569      surviving spouse's registration expiration date pursuant to
570      paragraph (a).
571
572      A registrant seeking such fee waiver must submit proof, in a
573      form prescribed by commission rule, that the registrant meets
574      one of the qualifications in this paragraph.
575              (15)(14)

                                                      Page 23 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




576              (b)     In lieu of filing with the office the applications
577      specified in subsection (5), the fees required by subsection
578      (10) (9), the renewals required by subsection (11) (10), and the
579      termination notices required by subsection (12) (11), the
580      commission may by rule establish procedures for the deposit of
581      such fees and documents with the Central Registration Depository
582      or the Investment Adviser Registration Depository of the
583      Financial Industry Regulatory Authority, as developed under
584      contract with the North American Securities Administrators
585      Association, Inc.
586              (20)(19)          An intermediary may not engage in business in
587      this state unless the intermediary is registered as a dealer or
588      as an intermediary with the office pursuant to this section to
589      facilitate the offer or sale of securities in accordance with s.
590      517.0611. An intermediary, in order to obtain registration, must
591      file with the office a written application on a form prescribed
592      by commission rule and pay a registration fee of $200. The fees
593      under this subsection shall be deposited into the Regulatory
594      Trust Fund of the office. The commission may establish by rule
595      procedures for depositing fees and filing documents by
596      electronic means if such procedures provide the office with the
597      information and data required by this section. Each intermediary
598      must also file an irrevocable written consent to service of
599      civil process, as provided in s. 517.101.
600              (a)     The application must contain such information as the

                                                      Page 24 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




601      commission or office may require concerning:
602              1.      The name of the applicant and address of its principal
603      office and each office in this state.
604              2.      The applicant's form and place of organization; and, if
605      the applicant is:
606              a.      A corporation, a copy of its articles of incorporation
607      and amendments to the articles of incorporation;
608              b.      A limited liability company, a copy of its articles of
609      organization and amendments to the articles and a copy of the
610      company's operating agreement as may be amended; or
611              c.      A partnership, a copy of the partnership agreement.
612              3.      The website address where securities of the issuer will
613      be offered.
614              4.      Contact information.
615              (b)      The application must also contain such information as
616      the commission may require by rule about the applicant; any
617      member, principal, or director of the applicant or any person
618      having a similar status or performing similar functions; or any
619      persons directly or indirectly controlling the applicant. Each
620      applicant and any direct owners, principals, or indirect owners
621      that are required to be reported on a form adopted by commission
622      rule shall submit fingerprints for live-scan processing in
623      accordance with rules adopted by the commission. The
624      fingerprints may be submitted through a third-party vendor
625      authorized by the Department of Law Enforcement to provide live-

                                                      Page 25 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




626      scan fingerprinting. The costs of fingerprint processing shall
627      be borne by the person subject to the background check. The
628      Department of Law Enforcement shall conduct a state criminal
629      history background check, and a federal criminal history
630      background check must be conducted through the Federal Bureau of
631      Investigation. The office shall review the results of the state
632      and federal criminal history background checks and determine
633      whether the applicant meets registration requirements. The
634      commission may waive, by rule, the requirement that applicants,
635      including any direct owners, principals, or indirect owners,
636      which are required to be reported on a form adopted by
637      commission rule, submit fingerprints or the requirement that
638      such fingerprints be processed by the Department of Law
639      Enforcement or the Federal Bureau of Investigation. The
640      commission, by rule, or the office may require information about
641      any applicant or person, including:
642              1.      The applicant's or person's full name and any other
643      names by which the applicant or person may have been known and
644      the applicant's or person's age, social security number,
645      photograph, qualifications, and educational and business
646      history.
647              2.      Any injunction or administrative order by a state or
648      federal agency, national securities exchange, or national
649      securities association involving a security or any aspect of an
650      intermediary's regulated business and any injunction or

                                                      Page 26 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




651      administrative order by a state or federal agency regulating
652      banking, insurance, finance, real estate, mortgage brokers, or
653      other related or similar industries, which relate to such
654      person.
655              3.      The applicant's or person's conviction of, or plea of
656      nolo contendere to, a criminal offense or the applicant's or
657      person's commission of any acts that would be grounds for
658      refusal of an application under s. 517.161.
659              (c)1.       The following natural persons must submit a full set
660      of fingerprints to the Department of Law Enforcement or to a
661      vendor, entity, or agency authorized under s. 943.053(13) for
662      live-scan processing in accordance with rules adopted by the
663      commission:
664              a.      A natural person filing with the office an application
665      for registration as an intermediary.
666              b.      A natural person who holds the title of president,
667      treasurer, chief executive officer, chief financial officer,
668      chief operations officer, chief legal officer, chief compliance
669      officer, or director for an intermediary applicant.
670              c.      A natural person who is a 5 percent or more owner of an
671      intermediary applicant.
672              d.      With respect to each 5 percent or more owner of an
673      intermediary applicant that is a corporation, partnership,
674      trust, or limited liability company, each natural person who is
675      a 25 percent or more owner or trustee of such entity, and each

                                                      Page 27 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




676      natural person who is a 25 percent or more owner or trustee at
677      each level of the chain of ownership up to, but not including,
678      an entity subject to s. 12 or s. 15(d) of the Securities
679      Exchange Act of 1934, as amended.
680              2.      For purposes of this subsection, the term "owner"
681      means:
682              a.      A shareholder who owns a percentage of a class of
683      voting securities of an intermediary applicant, and includes any
684      person who owns, beneficially owns, has the right to vote, or
685      has the power to sell or direct the sale of, the percentage of a
686      class of a voting security of the intermediary applicant
687      specified in sub-subparagraph 1.c. or sub-subparagraph 1.d. For
688      purposes of this sub-subparagraph, a person beneficially owns
689      any securities:
690              (I)      Owned by the shareholder's child, stepchild,
691      grandchild, parent, stepparent, grandparent, spouse, sibling,
692      mother-in-law, father-in-law, son-in-law, daughter-in-law,
693      brother-in-law, or sister-in-law sharing the same residence; or
694              (II)        That the shareholder has the right to acquire, within
695      60 days, through the exercise of any option, warrant, or right
696      to purchase the securities.
697              b.      A general partner of a partnership, and a limited
698      partner of a partnership who has the right to receive upon
699      dissolution, or has contributed, a percentage of the capital of
700      an intermediary applicant.

                                                      Page 28 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




701              c.      A trustee of a trust that owns a percentage of a class
702      of a voting security of an intermediary applicant, or that has
703      the right to receive upon dissolution, or has contributed, a
704      percentage of the capital of an intermediary applicant.
705              d.      A member of a limited liability company who has the
706      right to receive upon dissolution, or has contributed, a
707      percentage of the capital of an intermediary applicant, and all
708      limited liability company managers of an intermediary applicant.
709              (d)      The vendor, entity, or agency authorized under s.
710      943.053(13) to submit fingerprints electronically to the
711      Department of Law Enforcement shall submit the fingerprints to
712      the department for state processing, and the department shall
713      forward the fingerprints to the Federal Bureau of Investigation
714      for national processing.
715              (e)      Fees for state and federal fingerprint processing
716      shall be borne by the person subject to the criminal history
717      record check. The state cost for fingerprint processing shall be
718      as provided in s. 943.053(3)(e).
719              (f)      The office shall review the results of the state and
720      federal criminal history record checks and determine whether the
721      applicant is disqualified from registration. The commission may
722      waive by rule the requirement that applicants, including any
723      natural persons listed in sub-subparagraphs (c)1.a.-d., submit
724      fingerprints or the requirement that such fingerprints be
725      processed by the Department of Law Enforcement or the Federal

                                                      Page 29 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




726      Bureau of Investigation.
727              (g)(c)       The application must be amended within 30 days if
728      any information contained in the form becomes inaccurate for any
729      reason.
730              (h)(d)       An intermediary or persons affiliated with the
731      intermediary are not subject to any disqualification described
732      in s. 517.1611 or Securities and Exchange Commission Rule
733      506(d), 17 C.F.R. 230.506(d), adopted pursuant to the Securities
734      Act of 1933, as amended. Each director, officer, manager or
735      managing member, control person of the issuer, any person
736      occupying a similar status or performing a similar function, and
737      each person holding more than 20 percent of the ownership
738      interests of the intermediary is subject to this requirement.
739              (i)(e)       If the office finds that the applicant has complied
740      with the applicable registration provisions of this chapter and
741      the rules adopted thereunder, it shall register the applicant.
742      The registration of each intermediary expires on December 31 of
743      the year the registration became effective unless the registrant
744      renews his or her registration on or before that date.
745      Registration may be renewed by furnishing such information as
746      the commission may require by rule, together with payment of a
747      $200 fee and the payment of any amount due to the office
748      pursuant to any order of the office or pursuant to any agreement
749      with the office. An intermediary who has not renewed a
750      registration by the time that the current registration expires

                                                      Page 30 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H    O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




751      may request reinstatement of such registration by filing with
752      the office, on or before January 31 of the year following the
753      year of expiration, such information as required by the
754      commission, together with payment of the $200 fee and a late fee
755      of $200. Any reinstatement of registration granted by the office
756      during the month of January is deemed effective retroactive to
757      January 1 of that year.
758              (21)(20)          The registration requirements of this section do
759      not apply to any general lines insurance agent or life insurance
760      agent licensed under chapter 626, with regard to the sale of a
761      security as defined in s. 517.021(33)(g) s. 517.021(25)(g), if
762      the individual is directly authorized by the issuer to offer or
763      sell the security on behalf of the issuer and the issuer is a
764      federally chartered savings bank subject to regulation by the
765      Federal Deposit Insurance Corporation. Actions under this
766      subsection constitute activity under the insurance agent's
767      license for purposes of ss. 626.611 and 626.621.
768              (22)(a)(21)(a)             As used in this subsection, the term:
769              1.      "Broker" has the same meaning as "dealer" as defined in
770      s. 517.021.
771              2.      "Business combination related shell company" means a
772      shell company that is formed by an entity that is not a shell
773      company solely for the purpose of:
774              a.      Changing the corporate domicile of the entity solely
775      within the United States; or

                                                      Page 31 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




776              b.      Completing a business combination transaction, as
777      defined in 17 C.F.R. s. 230.165(f), among one or more entities
778      other than the company itself, none of which is a shell company.
779              3.2.        "Control person" means a person an individual or
780      entity that possesses the power, directly or indirectly, to
781      direct the management or policies of a company through ownership
782      of securities, by contract, or otherwise. A person is presumed
783      to be a control person of a company if, upon completion of a
784      transaction, the buyer or group of buyers with respect to a
785      particular company, the person:
786              a.      Is a director, a general partner, a member, or a
787      manager of a limited liability company, or is an officer who
788      exercises executive responsibility or has a similar status or
789      function;
790              a.b.        Has the power to vote 25 20 percent or more of a
791      class of voting securities or has the power to sell or direct
792      the sale of 25 20 percent or more of a class of voting
793      securities; or
794              b.c.        In the case of a partnership or limited liability
795      company, may receive upon dissolution, or has contributed, 25 20
796      percent or more of the capital.
797              4.3.        "Eligible privately held company" means a privately
798      held company that meets all of the following conditions:
799              a.      The company does not have any class of securities which
800      is registered, or which is required to be registered, with the

                                                      Page 32 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




801      United States Securities and Exchange Commission under the
802      Securities Exchange Act of 1934, 15 U.S.C. ss. 78a et seq., as
803      amended, or with the office under s. 517.07, or for which the
804      company files, or is required to file, summary and periodic
805      information, documents, and reports under s. 15(d) of the
806      Securities Exchange Act of 1934, 15 U.S.C. s. 78o(d), as
807      amended.
808              b.      In the fiscal year immediately preceding the fiscal
809      year during which the merger and acquisition broker begins to
810      provide services for the securities transaction, the company, in
811      accordance with its historical financial accounting records, has
812      earnings before interest, taxes, depreciation, and amortization
813      of less than $25 million or has gross revenues of less than $250
814      million. On July 1, 2021, and every 5 years thereafter, each
815      dollar amount in this sub-subparagraph shall be adjusted by
816      dividing the annual value of the Employment Cost Index for wages
817      and salaries for private industry workers, or any successor
818      index, as published by the Bureau of Labor Statistics, for the
819      calendar year preceding the calendar year in which the
820      adjustment is being made, by the annual value of such index or
821      successor index for the calendar year ending December 31, 2020
822      2012, and multiplying such dollar amount by the quotient
823      obtained. Each dollar amount determined under this sub-
824      subparagraph shall be rounded to the nearest multiple of
825      $100,000. The commission may by rule modify the dollar figures

                                                      Page 33 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




826      if the commission determines that such a modification is
827      necessary or appropriate in the public interest or for the
828      protection of investors.
829              5.4.        "Merger and acquisition broker" means a any broker
830      and any person associated with a broker engaged in the business
831      of effecting securities transactions solely in connection with
832      the transfer of ownership of an eligible privately held company,
833      regardless of whether the that broker acts on behalf of a seller
834      or buyer, through the purchase, sale, exchange, issuance,
835      repurchase, or redemption of, or a business combination
836      involving, securities or assets of the eligible privately held
837      company.
838              6.5.        "Public Shell company" means a company that at the
839      time of a transaction with an eligible privately held company:
840              a.      Has any class of securities which is registered, or
841      which is required to be registered, with the United States
842      Securities and Exchange Commission under the Securities Exchange
843      Act of 1934, 15 U.S.C. ss. 78a et seq., or with the office under
844      s. 517.07, or for which the company files, or is required to
845      file, summary and periodic information, documents, and reports
846      under s. 15(d) of the Securities Exchange Act of 1934, 15 U.S.C.
847      s. 78o(d);
848              a.b.        Has nominal or no operations.; and
849              b.c.        Has nominal assets or no assets, assets consisting
850      solely of cash and cash equivalents, or assets consisting of any

                                                      Page 34 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




851      amount of cash and cash equivalents and nominal other assets.
852              (b)      Prior to the completion of any securities transaction
853      described in s. 517.061(7), a merger and acquisition broker must
854      receive written assurances from the control person with the
855      largest percentage of ownership for both the buyer and seller
856      engaged in the transaction that:
857              1.      After the transaction is completed, any person who
858      acquires securities or assets of the eligible privately held
859      company, acting alone or in concert, will be a control person of
860      the eligible privately held company or will be a control person
861      for the business conducted with the assets of the eligible
862      privately held company.; and
863              2.      After the transaction is completed, any person who
864      acquires securities or assets of the eligible privately held
865      company, acting alone or in concert, will be active in the
866      management of the eligible privately held company or the
867      business conducted with the assets of the eligible privately
868      held company, and active in the management of the assets of the
869      eligible privately held company, by engaging in acts and
870      activities that include, but are not limited to, the following:
871              a.      Electing executive officers.
872              b.      Approving the annual budget.
873              c.      Serving as an executive or other executive manager.
874              d.      Carrying out such other activities as the commission
875      may by rule determine to be in the public interest.

                                                      Page 35 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




876              3.2.        If any person is offered securities in exchange for
877      securities or assets of the eligible privately held company,
878      such person will, before becoming legally bound to complete the
879      transaction, receive or be given reasonable access to the most
880      recent year-end financial statements of the issuer of the
881      securities offered in exchange. The most recent year-end
882      financial statements shall be customarily prepared by the
883      issuer's management in the normal course of operations. If the
884      financial statements of the issuer are audited, reviewed, or
885      compiled, the most recent year-end financial statements must
886      include any related statement by the independent certified
887      public accountant; a balance sheet dated not more than 120 days
888      before the date of the exchange offer; and information
889      pertaining to the management, business, results of operations
890      for the period covered by the foregoing financial statements,
891      and material loss contingencies of the issuer.
892              (c)      A merger and acquisition broker engaged in a
893      transaction exempt under s. 517.061(7) is exempt from
894      registration under this section unless the merger and
895      acquisition broker:
896              1.      Directly or indirectly, in connection with the transfer
897      of ownership of an eligible privately held company, receives,
898      holds, transmits, or has custody of the funds or securities to
899      be exchanged by the parties to the transaction;
900              2.      Engages on behalf of an issuer in a public offering of

                                                      Page 36 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




901      any class of securities which is registered, or which is
902      required to be registered, with the United States Securities and
903      Exchange Commission under the Securities Exchange Act of 1934,
904      15 U.S.C. ss. 78a et seq., as amended, or with the office under
905      s. 517.07; or for which the issuer files, or is required to
906      file, periodic information, documents, and reports under s.
907      15(d) of the Securities Exchange Act of 1934, 15 U.S.C. s.
908      78o(d), as amended;
909              3.      Engages on behalf of any party in a transaction
910      involving a public shell company, other than a business
911      combination related shell company;
912              4.      Directly, or indirectly through any of its affiliates,
913      provides financing related to the transfer of ownership of an
914      eligible privately held company;
915              5.      Assists any party to obtain financing from an
916      unaffiliated third party without:
917              a.      Complying with all other applicable laws in connection
918      with such assistance, including, if applicable, Regulation T
919      under 12 C.F.R. ss. 220 et seq., as amended; and
920              b.      Disclosing any compensation in writing to the party;
921              6.      Represents both the buyer and the seller in the same
922      transaction without providing clear written disclosure as to the
923      parties the broker represents and obtaining written consent from
924      both parties to the joint representation;
925              7.      Facilitates a transaction with a group of buyers formed

                                                      Page 37 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




926      with the assistance of the Merger and Acquisition Broker to
927      acquire the eligible privately held company;
928              8.      Engages in a transaction involving the transfer of
929      ownership of an eligible privately held company to a passive
930      buyer or group of passive buyers;
931              9.      Binds a party to a transfer of ownership of an eligible
932      privately held company; or
933              10.      Is subject to, or an officer, director, member,
934      manager, partner, or employee of the broker is subject to, the
935      following disciplinary actions:
936              a.      Has been barred from association with a broker or
937      dealer by the Securities and Exchange Commission, any state, or
938      any self-regulatory organization; or
939              b.      Is suspended from association with a broker or dealer.
940              4.      Is subject to a suspension or revocation of
941      registration under s. 15(b)(4) of the Securities Exchange Act of
942      1934, 15 U.S.C. s. 78o(b)(4);
943              5.      Is subject to a statutory disqualification described in
944      s. 3(a)(39) of the Securities Exchange Act of 1934, 15 U.S.C. s.
945      78c(a)(39);
946              6.      Is subject to a disqualification under the United
947      States Securities and Exchange Commission Rule 506(d), 17 C.F.R.
948      s. 230.506(d); or
949              7.      Is subject to a final order described in s. 15(b)(4)(H)
950      of the Securities Exchange Act of 1934, 15 U.S.C. s.

                                                      Page 38 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 379                                                                                            2025




951      78o(b)(4)(H).
952              Section 9.         Subsection (1), paragraph (a) of subsection
953      (2), and subsections (3) and (5) of section 517.131, Florida
954      Statutes, are amended to read:
955              517.131       Securities Guaranty Fund.—
956              (1)     As used in this section, the term:
957              (a)     "Final judgment" includes an arbitration award
958      confirmed by a court of competent jurisdiction.
959              (b)     "Restitution order" means a court order awarding a
960      specified monetary amount to a named aggrieved person for a
961      violation of s. 517.07 or s. 517.301 to be paid by a named
962      violator.
963              (2)(a)       The Chief Financial Officer shall establish a
964      Securities Guaranty Fund to provide monetary relief to victims
965      of securities violations under this chapter who are entitled to
966      monetary damages or restitution and cannot recover the full
967      amount of such monetary damages or restitution from the
968      wrongdoer. An amount not exceeding 20 percent of all revenues
969      received as assessment fees pursuant to s. 517.12(10) and (11)
970      s. 517.12(9) and (10) for dealers and investment advisers or s.
971      517.1201 for federal covered advisers and an amount not
972      exceeding 10 percent of all revenues received as assessment fees
973      pursuant to s. 517.12(10) and (11) s. 517.12(9) and (10) for
974      associated persons must be part of the regular registration
975      license fee and must be transferred to or deposited in the

                                                      Page 39 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb379-01-c1
 F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 379                                                                                            2025




976       Securities Guaranty Fund.
977               (3)     A person is eligible for payment from the Securities
978       Guaranty Fund if the person:
979               (a)1.       Is a judgment creditor in Holds an unsatisfied final
980       judgment or a named beneficiary or victim in an unsatisfied
981       restitution order entered on or after October 1, 2024, in which
982       a wrongdoer was found to have violated s. 517.07 or s. 517.301;
983               2.      Has applied any amount recovered from the judgment
984       debtor, a person ordered to pay restitution, or any other source
985       to the damages awarded in a final judgment or restitution order
986       by the court or arbitrator; and
987               3.      Is a natural person who was a resident of this state,
988       or is a business entity that was domiciled in this state, at the
989       time of the violation of s. 517.07 or s. 517.301; or
990               (b)     Is a receiver appointed pursuant to s. 517.191(2) by a
991       court of competent jurisdiction for a wrongdoer ordered to pay
992       restitution under s. 517.191(3) as a result of a violation of s.
993       517.07 or s. 517.301 which has requested payment from the
994       Securities Guaranty Fund on behalf of a person eligible for
995       payment under paragraph (a).
996
997       If a person holds an unsatisfied final judgment or restitution
998       order entered before October 1, 2024, in which a wrongdoer was
999       found to have violated s. 517.07 or s. 517.301, such person's
1000      claim for payment from the Securities Guaranty Fund shall be

                                                       Page 40 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb379-01-c1
 F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 379                                                                                            2025




1001      governed by the terms of this section and s. 517.141 which were
1002      effective on the date of such final judgment or restitution
1003      order.
1004              (5)     An eligible person, or a receiver on behalf of the
1005      eligible person, seeking payment from the Securities Guaranty
1006      Fund must file with the office a written application on a form
1007      that the commission may prescribe by rule. The commission may
1008      adopt by rule procedures for filing documents by electronic
1009      means, provided that such procedures provide the office with the
1010      information and data required by this section. The application
1011      must be filed with the office within 1 year after the date of
1012      the final judgment, the date on which a restitution order has
1013      been ripe for execution, or the date of any appellate decision
1014      thereon, and, at minimum, must contain all of the following
1015      information:
1016              (a)     The eligible person's and, if applicable, the
1017      receiver's full names, addresses, and contact information.
1018              (b)     The name of the judgment debtor or person ordered to
1019      pay restitution.
1020              (c)     If the eligible person is a business entity, the
1021      eligible person's type and place of organization and, as
1022      applicable, a copy, as amended, of its articles of
1023      incorporation, articles of organization, trust agreement, or
1024      partnership agreement.
1025              (d)     A copy of any final judgment or and a copy thereof.

                                                       Page 41 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb379-01-c1
 F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 379                                                                                            2025




1026              (e)      Any restitution order pursuant to s. 517.191(3), and a
1027      copy thereof.
1028              (e)(f)       An affidavit from the eligible person stating
1029      either one of the following:
1030              1.      That the eligible person has made all reasonable
1031      searches and inquiries to ascertain whether the judgment debtor
1032      or person ordered to pay restitution possesses real or personal
1033      property or other assets subject to being sold or applied in
1034      satisfaction of the final judgment or restitution order and, by
1035      the eligible person's search, that the eligible person has not
1036      discovered any property or assets.
1037              2.      That the eligible person has taken necessary action on
1038      the property and assets of the wrongdoers but the final judgment
1039      or restitution order remains unsatisfied.
1040              (f)(g)       If the application is filed by the receiver, an
1041      affidavit from the receiver stating the amount of restitution
1042      owed to the eligible person on whose behalf the claim is filed;
1043      the amount of any money, property, or assets paid to the
1044      eligible person on whose behalf the claim is filed by the person
1045      over whom the receiver is appointed; and the amount of any
1046      unsatisfied portion of any eligible person's restitution order
1047      of restitution.
1048              (g)(h)       The eligible person's residence or domicile at the
1049      time of the violation of s. 517.07 or s. 517.301 which resulted
1050      in the eligible person's monetary damages.

                                                       Page 42 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb379-01-c1
 F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 379                                                                                            2025




1051              (h)(i)       The amount of any unsatisfied portion of the
1052      eligible person's final judgment or restitution order.
1053              (i)(j)       Whether an appeal or motion to vacate an
1054      arbitration award has been filed.
1055              Section 10.           Subsection (3) of section 517.301, Florida
1056      Statutes, is amended to read:
1057              517.301       Fraudulent transactions; falsification or
1058      concealment of facts.—
1059              (3)     It is unlawful for a person in issuing or selling a
1060      security within this state, including a security exempted under
1061      s. 517.051 and including a transaction exempted under s.
1062      517.061, s. 517.0611, or s. 517.0612, to misrepresent that such
1063      security or person business entity has been guaranteed,
1064      sponsored, recommended, or approved by the state or an agency or
1065      officer of the state or by the United States or an agency or
1066      officer of the United States.
1067              Section 11.           Subsection (1) of section 517.211, Florida
1068      Statutes, is amended to read:
1069              517.211       Private remedies available in cases of unlawful
1070      sale.—
1071              (1)     Every sale made in violation of either s. 517.07 or s.
1072      517.12(1), (3), (4), (9), (11), (13), (16), or (18) s.
1073      517.12(1), (3), (4), (8), (10), (12), (15), or (17) may be
1074      rescinded at the election of the purchaser; however, a sale made
1075      in violation of the provisions of s. 517.1202(3) relating to a

                                                       Page 43 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb379-01-c1
 F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 379                                                                                            2025




1076      renewal of a branch office notification or in violation of the
1077      provisions of s. 517.12(13) s. 517.12(12) relating to filing a
1078      change of address amendment is not subject to this section. Each
1079      person making the sale and every director, officer, partner, or
1080      agent of or for the seller, if the director, officer, partner,
1081      or agent has personally participated or aided in making the
1082      sale, is jointly and severally liable to the purchaser in an
1083      action for rescission, if the purchaser still owns the security,
1084      or for damages, if the purchaser has sold the security. No
1085      purchaser otherwise entitled will have the benefit of this
1086      subsection who has refused or failed, within 30 days after
1087      receipt, to accept an offer made in writing by the seller, if
1088      the purchaser has not sold the security, to take back the
1089      security in question and to refund the full amount paid by the
1090      purchaser or, if the purchaser has sold the security, to pay the
1091      purchaser an amount equal to the difference between the amount
1092      paid for the security and the amount received by the purchaser
1093      on the sale of the security, together, in either case, with
1094      interest on the full amount paid for the security by the
1095      purchaser at the legal rate, pursuant to s. 55.03, for the
1096      period from the date of payment by the purchaser to the date of
1097      repayment, less the amount of any income received by the
1098      purchaser on the security.
1099              Section 12.           Subsection (2) of section 517.315, Florida
1100      Statutes, is amended to read:

                                                       Page 44 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb379-01-c1
 F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 379                                                                                            2025




1101              517.315       Fees.—All fees of any nature collected by the
1102      office pursuant to this chapter shall be disbursed as follows:
1103              (2)     After the transfer required in subsection (1), the
1104      office shall transfer the $50 assessment fee collected from each
1105      associated person under s. 517.12(10) and (11) s. 517.12(9) and
1106      (10) and 30.44 percent of the $100 assessment fee paid by
1107      dealers and investment advisers for each office in the state
1108      under s. 517.12(10) and (11) s. 517.12(9) and (10) to the
1109      Regulatory Trust Fund.
1110              Section 13.           This act shall take effect upon becoming a
1111      law.




                                                       Page 45 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb379-01-c1
                                COMMERCE COMMITTEE

                               CS/HB 379 by Rep. Barnaby
                                      Securities

                                AMENDMENT SUMMARY
                                    April 7, 2025

Amendment 1 by Rep. Barnaby (strike-all):
  • Aligns the House bill with the Senate bill by:
     o Removing nonprofit corporations and foreign nonprofit corporations from the
         definition of “corporation;”
     o Removing the registration exemption for the offer or sale of securities to a
         homestead association;
     o Providing that the Financial Services Commission, when waiving the requirement for
         certain persons to submit fingerprints, may consider the rules and regulations of the
         Securities and Exchange Commission and the Financial Industry Regulatory
         Authority, and the model rules and acts of the North American Securities
         Administrators Association, Inc.; and
     o Allowing a dealer or investment adviser to extend the delay of a transaction for up to
         30, rather than 10, additional days if surrounding facts and circumstances support a
         reasonable belief that financial exploitation of a specified adult has occurred.
  • Moves the definition of “shareholder” to the specific provisions relating to requirements
     for certain persons to submit fingerprints.
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
       Amendment No. 1




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


1      Committee/Subcommittee hearing bill:    Commerce Committee
2      Representative Barnaby offered the following:
3
4           Amendment (with title amendment)
5           Remove everything after the enacting clause and insert:
6           Section 1.   Present subsections (6) through (9), (10),
7      (11), (12), (13) through (17), (18), (19), (20) through (25),
8      (26), and (27) of section 517.021, Florida Statutes, are
9      redesignated as subsections (7) through (10), (12), (14), (15),
10     (17) through (21), (25), (26), (28) through (33), (36), and
11     (37), respectively, new subsections (6), (11), (13), (16), (22),
12     (23), (24), (27), (34), and (35) are added to that section, and
13     present subsections (11) and (15) of that section are amended,
14     to read:




     051577 - h0379-strike.docx
     Published On: 4/4/2025 4:38:27 PM
                                  Page 1 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
       Amendment No. 1


15          517.021    Definitions.—When used in this chapter, unless the
16     context otherwise indicates, the following terms have the
17     following respective meanings:
18          (6)    "Branch manager" means a natural person who
19     administers or supervises the affairs or operations of a branch
20     office.
21          (11)    "Corporation" has the same meaning as "corporation,"
22     "domestic corporation," or "foreign corporation" in s.
23     607.01401.
24          (13)    "Director" means a person appointed or elected to sit
25     on a board that manages the affairs of a corporation or other
26     organization by electing or exercising control over its
27     officers.
28          (14)(11)   "Federal covered adviser" means a person that is
29     registered or required to be registered under s. 203 of the
30     Investment Advisers Act of 1940, as amended. The term does not
31     include any person that is excluded from the definition of
32     investment adviser under subparagraphs (20)(b)1.-7. (16)(b)1.-7.
33     and 9.
34          (16)    "General partner" has the same meaning as in s.
35     620.1102 and includes a co-owner or manager of a partnership who
36     has unlimited liability for the partnership's debts.
37          (19)(15)   "Intermediary" means a natural person that
38     residing in this state or a corporation, trust, partnership,
39     limited liability company, association, or other legal entity
     051577 - h0379-strike.docx
     Published On: 4/4/2025 4:38:27 PM
                                   Page 2 of 48
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
       Amendment No. 1


40     registered with the Secretary of State to do business in this
41     state, which facilitates through its website the offer or sale
42     of securities of an issuer with a principal place of business in
43     this state.
44          (22)   "Limited liability company" has the same meaning as
45     in s. 605.0102, including a "foreign limited liability company,"
46     as that term is defined in that section.
47          (23)   "Limited liability company manager" or "limited
48     liability managing member" means a person who is responsible
49     alone, or in concert with others, for performing the management
50     functions of a limited liability company.
51          (24)   "Limited partner" has the same meaning as in s.
52     620.1102 and includes a co-owner of a partnership who has
53     limited liability for the partnership's debts.
54          (27)   "Partnership" means two or more persons who are the
55     co-owners of a business, including those operating as a "foreign
56     limited liability limited partnership," a "foreign limited
57     partnership," a "limited liability limited partnership," or a
58     "limited partnership" as those terms are defined in s. 620.1102.
59          (34)   "Trust" has the same meaning as in s. 731.201.
60          Section 2.   Subsections (7) and (9), paragraph (f) of
61     subsection (11), and subsections (18), (19), and (20) of section
62     517.061, Florida Statutes, are amended to read:
63          517.061   Exempt transactions.—Except as otherwise provided
64     in subsection (11), the exemptions provided herein from the
     051577 - h0379-strike.docx
     Published On: 4/4/2025 4:38:27 PM
                                  Page 3 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
       Amendment No. 1


65     registration requirements of s. 517.07 are self-executing and do
66     not require any filing with the office before being claimed. Any
67     person who claims entitlement to an exemption under this section
68     bears the burden of proving such entitlement in any proceeding
69     brought under this chapter. The registration provisions of s.
70     517.07 do not apply to any of the following transactions;
71     however, such transactions are subject to s. 517.301:
72          (7)    The offer or sale of securities, solely in connection
73     with the transfer of ownership of an eligible privately held
74     company, through a merger and acquisition broker in accordance
75     with s. 517.12(22) s. 517.12(21).
76          (9)    The offer or sale of securities to:
77          (a)    A bank, trust company, savings institution, insurance
78     company, dealer, investment company as defined in the Investment
79     Company Act of 1940, 15 U.S.C. s. 80a-3, as amended, pension or
80     profit-sharing trust, or qualified institutional buyer, whether
81     any of such entities is acting in its individual or fiduciary
82     capacity.
83          (b)    A savings and loan association, building and loan
84     association, cooperative bank, or credit union, which is
85     supervised and examined by a state or federal authority having
86     supervision over any such institution.
87          (c)    A federal covered adviser, investment adviser
88     registered pursuant to the laws of a state, exempt reporting
89     adviser or private fund adviser as those terms are defined in s.
     051577 - h0379-strike.docx
     Published On: 4/4/2025 4:38:27 PM
                                   Page 4 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
        Amendment No. 1


90      517.12(23)(a)2. and 3., respectively, investment adviser relying
91      on the exemption from registering with the Securities and
92      Exchange Commission under s. 203(l) or (m) of the Investment
93      Advisers Act of 1940, as amended, business development company
94      as defined in s. 2(a)(48) of the Investment Company Act of 1940,
95      as amended, or business development company as defined in s.
96      202(a)(22) of the Investment Advisers Act of 1940, as amended.
97           (d)   A small business investment company licensed by the
98      Small Business Administration under s. 301(c) of the Small
99      Business Investment Act of 1958, as amended, or rural business
100     investment company as defined in s. 384A of the Consolidated
101     Farm and Rural Development Act.
102          (e)   A plan established and maintained by a state, a
103     political subdivision thereof, or any agency or instrumentality
104     of a state or a political subdivision, for the benefit of its
105     employees, if such plan has total assets in excess of $5
106     million, an employee benefit plan within the meaning of the
107     Employee Retirement Income Security Act of 1974 if the
108     investment decision is made by a plan fiduciary, as described in
109     s. 3(21) of such act, which is a bank, savings and loan
110     association, insurance company, or federal covered adviser, or
111     if the employee benefit plan has total assets in excess of $5
112     million or, if a self-directed plan, with investment decisions
113     made solely by persons that are accredited investors.


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 5 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 379   (2025)
        Amendment No. 1


114          (f)    An organization described in s. 501(c)(3) of the
115     Internal Revenue Code, corporation, Massachusetts trust or
116     similar business trust, partnership, or limited liability
117     company, not formed for the specific purpose of acquiring the
118     securities offered, with total assets in excess of $5 million.
119          (g)    A trust, with total assets in excess of $5 million,
120     not formed for the specific purpose of acquiring the securities
121     offered, whose purchase is directed by a sophisticated person as
122     described in Securities and Exchange Commission Rule
123     506(b)(2)(ii), 17 C.F.R. s. 230.506(b)(2)(ii), as amended.
124          (h)    An entity of a type not listed in paragraphs (a)-(g)
125     or paragraph (j) which owns investments as defined in Securities
126     and Exchange Commission Rule 2a51-1(b), 17 C.F.R. s. 270.2a51-
127     1(b), as amended, in excess of $5 million and is not formed for
128     the specific purpose of acquiring the securities offered.
129          (i)    A family office as defined in Securities and Exchange
130     Commission Rule 202(a)(11)(G)-1 under the Investment Advisers
131     Act of 1940, 17 C.F.R. s. 275.202(a)(11)(G)-1, as amended,
132     provided that:
133          1.    The family office has assets under management in excess
134     of $5 million;
135          2.    The family office is not formed for the specific
136     purpose of acquiring the securities offered; and
137          3.    The prospective investment of the family office is
138     directed by a person who has knowledge and experience in
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 6 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 379   (2025)
        Amendment No. 1


139     financial and business matters that the family office is capable
140     of evaluating the merits and risks of the prospective
141     investment.
142          (j)    An entity in which all of the equity owners are
143     described in paragraphs (a)-(i).
144          (11)    Offers or sales of securities by an issuer in a
145     transaction that meets all of the following conditions:
146          (f)    The issuer files with the office a notice of
147     transaction on a form prescribed by commission rule, an
148     irrevocable written, a consent to service of civil process in
149     accordance with s. 517.101, and a copy of the general
150     announcement within 15 days after the first sale is made in this
151     state. The commission may adopt by rule procedures for filing
152     documents by electronic means.
153          (18)    Any nonissuer transaction by a registered dealer, and
154     any resale transaction by a sponsor of a unit investment trust
155     registered under the Investment Company Act of 1940, as amended,
156     in a security of a class that has been outstanding in the hands
157     of the public for at least 90 days; provided that, at the time
158     of the transaction, the following conditions in paragraphs (a),
159     (b), and (c) and either paragraph (d) or paragraph (e) are met:
160          (a)    The issuer of the security is actually engaged in
161     business and is not in the organizational stage or in bankruptcy
162     or receivership and is not a blank check, blind pool, or shell
163     company whose primary plan of business is to engage in a merger
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 7 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 379   (2025)
        Amendment No. 1


164     or combination of the business with, or an acquisition of, an
165     unidentified person.
166          (b)    The security is sold at a price reasonably related to
167     the current market price of the security.
168          (c)    The security does not constitute the whole or part of
169     an unsold allotment to, or a subscription or participation by,
170     the dealer as an underwriter of the security.
171          (d)    The security is listed in a nationally recognized
172     securities manual designated by rule of the commission or a
173     document filed with and publicly viewable through the Securities
174     and Exchange Commission electronic data gathering and retrieval
175     system and contains:
176          1.    A description of the business and operations of the
177     issuer.;
178          2.    The names of the issuer's officers and directors, if
179     any, or, in the case of an issuer not domiciled in the United
180     States, the corporate equivalents of such persons in the
181     issuer's country of domicile.;
182          3.    An audited balance sheet of the issuer as of a date
183     within 18 months before such transaction or, in the case of a
184     reorganization or merger in which parties to the reorganization
185     or merger had such audited balance sheet, a pro forma balance
186     sheet.; and
187          4.    An audited income statement for each of the issuer's
188     immediately preceding 2 fiscal years, or for the period of
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 8 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
        Amendment No. 1


189     existence of the issuer, if in existence for less than 2 years
190     or, in the case of a reorganization or merger in which the
191     parties to the reorganization or merger had such audited income
192     statement, a pro forma income statement.
193          (e)1.   The issuer of the security has a class of equity
194     securities listed on a national securities exchange registered
195     under the Securities Exchange Act of 1934, as amended;
196          2.   The class of security is quoted, offered, purchased, or
197     sold through an alternative trading system registered under
198     Securities and Exchange Commission Regulation ATS, 17 C.F.R. s.
199     242.301, as amended, and the issuer of the security has made
200     current information publicly available in accordance with
201     Securities and Exchange Commission Rule 15c2-11, 17 C.F.R. s.
202     240.15c2-11, as amended;
203          3.   The issuer of the security is a unit investment trust
204     registered under the Investment Company Act of 1940, as amended;
205          4.   The issuer of the security has been engaged in
206     continuous business, including predecessors, for at least 3
207     years; or
208          5.   The issuer of the security has total assets of at least
209     $2 million based on an audited balance sheet as of a date within
210     18 months before such transaction or, in the case of a
211     reorganization or merger in which parties to the reorganization
212     or merger had such audited balance sheet, a pro forma balance
213     sheet.
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 9 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379     (2025)
        Amendment No. 1


214          (19)     The offer or sale of any security effected by or
215     through a person in compliance with s. 517.12(17) s. 517.12(16).
216          (20)(a)    A nonissuer transaction in an outstanding security
217     by or through a dealer registered or exempt from registration
218     under this chapter, if, at the time of the transaction, all of
219     the following conditions are met true:
220          1.(a)    The issuer is a reporting issuer in a foreign
221     jurisdiction designated by this subsection or by commission
222     rule, and the issuer has been subject to continuous reporting
223     requirements in such foreign jurisdiction for not less than 180
224     days before the transaction.
225          2.(b)    The security is listed on a foreign securities
226     exchange or foreign securities market the securities exchange
227     designated by this subsection or by commission rule, is a
228     security of the same issuer which is of senior or substantially
229     equal rank to the listed security, or is a warrant or right to
230     purchase or subscribe to any such security.
231          (b)     The commission shall consider all of the following in
232     designating a foreign securities exchange or foreign securities
233     market for purposes of this subsection:
234          1.     Organization under foreign law.
235          2.     Association with a community of dealers, financial
236     institutions, or other professional intermediaries with an
237     established operating history.
238          3.     Oversight by a governmental or self-regulatory body.
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 10 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379     (2025)
        Amendment No. 1


239          4.     Oversight standards set by general law.
240          5.     Reporting of securities transactions on a regular basis
241     to a governmental or self-regulatory body.
242          6.     A system for exchange of price quotations through
243     common communications media.
244          7.     An organized clearance and settlement system.
245          8.     Listing in Securities and Exchange Commission
246     Regulation S Rule 902, 17 C.F.R. s. 230.902, as amended.
247
248     For purposes of this subsection, Canada, together with its
249     provinces and territories, is designated as a foreign
250     jurisdiction, and Toronto Stock Exchange, Inc., is designated as
251     a securities exchange. If, after an administrative hearing in
252     compliance with ss. 120.569 and 120.57, the office finds that
253     revocation is necessary or appropriate in furtherance of the
254     public interest and for the protection of investors, it may
255     revoke the designation of a foreign securities exchange or
256     foreign securities market under this subsection.
257          Section 3.     Subsection (10) of section 517.0612, Florida
258     Statutes, is amended to read:
259          517.0612     Florida Invest Local Exemption.—
260          (10)     The issuer must file with the office a notice of
261     transaction on a form prescribed by commission rule, an
262     irrevocable written consent to service of civil process in
263     accordance with s. 517.101, and a copy of the disclosure
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 11 of 48
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. CS/HB 379   (2025)
        Amendment No. 1


264     statement described in subsection (8) at least the offering with
265     the office, in writing or in electronic form, in a format
266     prescribed by commission rule, no less than 5 business days
267     before the offering commences, along with the disclosure
268     statement described in subsection (8). If there are any material
269     changes to the information previously submitted, the issuer
270     must, within 3 business days after such material change, file an
271     amended notice.
272          Section 4.    Paragraph (b) of subsection (2) of section
273     517.0614, Florida Statutes, is amended to read:
274          517.0614     Integration of offerings.—
275          (2)    The integration analysis required by subsection (1) is
276     not required if any of the following nonexclusive safe harbors
277     apply:
278          (b)    Offers and sales made in compliance with any of the
279     following provisions are not subject to integration with other
280     offerings:
281          1.    Section 517.051 or s. 517.061, except s. 517.061(10) or
282     (11) s. 517.061(9), (10), or (11).
283          2.    Section 517.0611 or s. 517.0612.
284          Section 5.    Section 517.0616, Florida Statutes, is amended
285     to read:
286          517.0616     Disqualification.—
287          (1)   A registration exemption under s. 517.061(11) s.
288     517.061(9), (10), and (11), s. 517.0611, or s. 517.0612 is not
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 12 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379     (2025)
        Amendment No. 1


289     available to an issuer if, at the time the issuer makes an offer
290     for the sale of a security, the issuer; a predecessor of the
291     issuer; an affiliated issuer; a director, executive officer, or
292     other officer of the issuer participating in the offering; a
293     general partner or managing member of the issuer; a beneficial
294     owner of 20 percent or more of the issuer's outstanding voting
295     equity securities, calculated on the basis of voting power; or a
296     promoter connected with the issuer in any capacity at the time
297     of such sale that would be disqualified under Securities and
298     Exchange Commission Rule 506(d), 17 C.F.R. s. 230.506(d), as
299     amended, at the time the issuer makes an offer for the sale of a
300     security.
301          (2)    The disqualification under Securities and Exchange
302     Commission Rule 506(d), 17 C.F.R. s. 230.506(d), as amended,
303     does not apply to any other person or entity listed in such
304     rule.
305          Section 6.    Subsection (2) of section 517.075, Florida
306     Statutes, is amended to read:
307          517.075    Cuba, prospectus disclosure of doing business
308     with, required.—
309          (2)    Any disclosure required by subsection (1) must
310     include:
311          (a)    The name of such person, affiliate, or government with
312     which the issuer does business and the nature of that business.;


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 13 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
        Amendment No. 1


313          (b)   A statement that the information is accurate as of the
314     date the securities were effective with the United States
315     Securities and Exchange Commission or with the office, whichever
316     date is later.; and
317          (c)   A statement that current information concerning the
318     issuer's business dealings with the government of Cuba or with
319     any person or affiliate located in Cuba may be obtained from the
320     office, which statement must include the address and phone
321     number of the office.
322          Section 7.   Subsection (5) and paragraph (a) of subsection
323     (9) of section 517.081, Florida Statutes, are amended to read:
324          517.081   Registration procedure.—
325          (5)   All of The following issuers are not eligible to
326     submit a simplified offering circular:
327          (a)   An issuer that is subject to any of the
328     disqualifications described in Securities and Exchange
329     Commission Rule 262, 17 C.F.R. s. 230.262, as amended, or that
330     has been or is engaged or is about to engage in an activity that
331     would be grounds for denial, revocation, or suspension under s.
332     517.111. For purposes of this paragraph, an issuer includes an
333     issuer's director, officer, general partner, manager or managing
334     member, trustee, or a person owning at least 10 percent of the
335     ownership interests of the issuer; a promoter or selling agent
336     of the securities to be offered; or any officer, director,
337     partner, or manager or managing member of such selling agent.
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 14 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
        Amendment No. 1


338          (b)    An issuer that is a development-stage company that
339     either has no specific business plan or purpose or has indicated
340     that its business plan is to merge with an unidentified business
341     entity or entities.
342          (c)    An issuer of offerings in which the specific business
343     or properties cannot be described.
344          (d)    An issuer that the office determines is ineligible
345     because the simplified circular does not provide full and fair
346     disclosure of material information for the type of offering to
347     be registered by the issuer.
348          (9)(a)    The office shall record the registration of a
349     security in the register of securities if, upon examination of
350     an application, it finds that all of the following requirements
351     are met:
352          1.    The application is complete.
353          2.    The fee imposed in subsection (8) has been paid.
354          3.    The sale of the security would not be fraudulent and
355     would not work or tend to work a fraud upon the purchaser.
356          4.    The terms of the sale of such securities would be fair,
357     just, and equitable.
358          5.    The enterprise or business of the issuer is not based
359     upon unsound business principles.
360          Section 8.    Present subsections (7) through (22) of section
361     517.12, Florida Statutes, are redesignated as subsections (8)
362     through (23), respectively, a new subsection (7) is added to
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 15 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 379    (2025)
        Amendment No. 1


363     that section, and subsection (6), present subsection (10),
364     paragraph (b) of present subsection (14), and present
365     subsections (19), (20), and (21) of that section are amended, to
366     read:
367          517.12   Registration of dealers, associated persons,
368     intermediaries, and investment advisers.—
369          (6)   The application must also contain such information as
370     the commission or office may require about the applicant; any
371     member, principal, or director of the applicant or any person
372     having a similar status or performing similar functions; any
373     person directly or indirectly controlling the applicant; or any
374     employee of a dealer or of an investment adviser rendering
375     investment advisory services. Each applicant and any direct
376     owners, principals, or indirect owners that are required to be
377     reported on Form BD or Form ADV pursuant to subsection (14)
378     shall submit fingerprints for live-scan processing in accordance
379     with rules adopted by the commission. The fingerprints may be
380     submitted through a third-party vendor authorized by the
381     Department of Law Enforcement to provide live-scan
382     fingerprinting. The costs of fingerprint processing shall be
383     borne by the person subject to the background check. The
384     Department of Law Enforcement shall conduct a state criminal
385     history background check, and a federal criminal history
386     background check must be conducted through the Federal Bureau of
387     Investigation. The office shall review the results of the state
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 16 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 379    (2025)
        Amendment No. 1


388     and federal criminal history background checks and determine
389     whether the applicant meets licensure requirements. The
390     commission may waive, by rule, the requirement that applicants,
391     including any direct owners, principals, or indirect owners that
392     are required to be reported on Form BD or Form ADV pursuant to
393     subsection (14), submit fingerprints or the requirement that
394     such fingerprints be processed by the Department of Law
395     Enforcement or the Federal Bureau of Investigation. The
396     commission or office may require information about any such
397     applicant or person concerning such matters as:
398          (a)   The applicant's or person's full name, and any other
399     names by which the applicant or person may have been known, and
400     the applicant's or person's age, social security number,
401     photograph, qualifications, and educational and business
402     history.
403          (b)   Any injunction or administrative order by a state or
404     federal agency, national securities exchange, or national
405     securities association involving a security or any aspect of a
406     dealer's or investment adviser's regulated business and any
407     injunction or administrative order by a state or federal agency
408     regulating banking, insurance, finance, or small loan companies,
409     real estate, mortgage brokers, or other related or similar
410     industries, which injunctions or administrative orders relate to
411     such person.


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 17 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
        Amendment No. 1


412          (c)    The applicant's or person's conviction of, or plea of
413     nolo contendere to, a criminal offense or the applicant's or
414     person's commission of any acts which would be grounds for
415     refusal of an application under s. 517.161.
416          (d)    The names and addresses of other persons of whom the
417     office may inquire as to the applicant's or person's character,
418     reputation, and financial responsibility.
419          (7)(a)1.     The following natural persons shall submit a full
420     set of fingerprints to the Department of Law Enforcement or to a
421     vendor, entity, or agency authorized under s. 943.053(13) for
422     live-scan processing in accordance with rules adopted by the
423     commission:
424          a.    A natural person who files an application with the
425     office for registration as an associated person.
426          b.    A natural person who holds the title of president,
427     treasurer, chief executive officer, chief financial officer,
428     chief operations officer, chief legal officer, chief compliance
429     officer, or director for a dealer or investment adviser
430     applicant.
431          c.    A natural person who owns at least 5 percent of a
432     dealer or investment adviser applicant.
433          d.    With respect to each owner who owns at least 5 percent
434     of a dealer or investment adviser applicant which is a
435     corporation, partnership, trust, or limited liability company,
436     each natural person who is a 25 percent or more owner or trustee
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 18 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
        Amendment No. 1


437     of such entity, and each natural person who is a 25 percent or
438     more owner or trustee at each level up the chain of ownership up
439     to, but not including, an entity subject to s. 12 or s. 15(d) of
440     the Securities Exchange Act of 1934, as amended.
441          2.     For purposes of this subsection, the term "owner"
442     means:
443          a.     A shareholder who owns a percentage of a class of
444     voting securities of a dealer or an investment adviser
445     applicant, and includes any person who owns, beneficially owns,
446     has the right to vote on, or has the power to sell or direct the
447     sale of, the percentage of a class of a voting security of the
448     dealer or investment adviser applicant specified in sub-
449     subparagraph 1.c. or 1.d. For purposes of this sub-subparagraph,
450     a person beneficially owns any securities:
451          (I)     That are owned by the shareholder's child, stepchild,
452     grandchild, parent, stepparent, grandparent, spouse, sibling,
453     mother-in-law, father-in-law, son-in-law, daughter-in-law,
454     brother-in-law, or sister-in-law, sharing the same residence; or
455          (II)     That the shareholder has the right to acquire, within
456     60 days, through the exercise of any option, warrant, or right
457     to purchase the securities.
458          b.     A general partner of a partnership, and a limited
459     partner of a partnership who has the right to receive upon
460     dissolution, or has contributed, a percentage of the capital of
461     a dealer or investment adviser applicant.
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 19 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
        Amendment No. 1


462          c.    A trustee of a trust that owns a percentage of a class
463     of a voting security of a dealer or investment adviser
464     applicant, or that has the right to receive upon dissolution, or
465     has contributed, a percentage of the capital of a dealer or
466     investment adviser applicant.
467          d.    A member of a limited liability company who has the
468     right to receive upon dissolution, or has contributed, a
469     percentage of the capital of a dealer or investment adviser
470     applicant, and all limited liability company managers of a
471     dealer or investment adviser applicant.
472          3.    For purposes of this subsection, the term "shareholder"
473     means a person who owns at least one share of a corporation and
474     whose ownership is reflected in the records of the corporation.
475          (b)    A vendor, entity, or agency authorized under s.
476     943.053(13) to submit fingerprints electronically to the
477     Department of Law Enforcement shall submit the fingerprints to
478     the department for state processing, and the department shall
479     forward the fingerprints to the Federal Bureau of Investigation
480     for national processing.
481          (c)    Fees for state and federal fingerprint processing
482     shall be borne by the person subject to the criminal history
483     record check. The state cost for fingerprint processing shall be
484     as provided in s. 943.053(3)(e).
485          (d)    The office shall review the results of the state and
486     federal criminal history record checks and determine whether the
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 20 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 379    (2025)
        Amendment No. 1


487     applicant is disqualified from registration. The commission may
488     waive by rule the requirement that the persons listed in this
489     subsection submit fingerprints or the requirement that such
490     fingerprints be processed by the Department of Law Enforcement
491     or the Federal Bureau of Investigation. In waiving the
492     requirement, the commission may consider the rules and
493     regulations of the Securities and Exchange Commission, the model
494     rules and acts of the North American Securities Administrators
495     Association, Inc., and the rules and regulations of the
496     Financial Industry Regulatory Authority.
497          (11)(a)(10)(a)   If the office finds that the applicant has
498     complied with the applicable registration provisions of this
499     chapter and the rules made pursuant hereto, it shall register
500     the applicant unless the applicant is otherwise disqualified for
501     registration pursuant to law. The registration of each dealer,
502     investment adviser, and associated person expires on December 31
503     of the year the registration became effective unless the
504     registrant has renewed its registration on or before that date.
505     Registration may be renewed by furnishing such information as
506     the commission may require, together with payment of the fee
507     required in paragraph (10)(a) (9)(a) for dealers, investment
508     advisers, or associated persons and the payment of any amount
509     lawfully due and owing to the office pursuant to any order of
510     the office or pursuant to any agreement with the office. Any
511     dealer, investment adviser, or associated person who has not
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 21 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379    (2025)
        Amendment No. 1


512     renewed a registration by the time the current registration
513     expires may request reinstatement of such registration by filing
514     with the office, on or before January 31 of the year following
515     the year of expiration, such information as may be required by
516     the commission, together with payment of the fee required in
517     paragraph (10)(a) (9)(a) for dealers, investment advisers, or
518     associated persons and a late fee equal to the amount of such
519     fee. Any reinstatement of registration granted by the office
520     during the month of January shall be deemed effective
521     retroactive to January 1 of that year.
522          (b)    The office shall waive the $50 assessment fee for an
523     associated person required by paragraph (10)(a) (9)(a) for a
524     registrant renewing his or her registration who:
525          1.    Is an active duty member of the United States Armed
526     Forces or the spouse of such member;
527          2.    Is or was a member of the United States Armed Forces
528     and served on active duty within the 2 years preceding the
529     expiration date of the registration pursuant to paragraph (a).
530     To qualify for the fee waiver, a registrant who is a former
531     member of the United States Armed Forces who served on active
532     duty within the 2 years preceding the expiration date of the
533     registration must have received an honorable discharge upon
534     separation or discharge from the United States Armed Forces; or
535          3.    Is the surviving spouse of a member of the United
536     States Armed Forces if the member was serving on active duty at
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 22 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
        Amendment No. 1


537     the time of death and died within the 2 years preceding the
538     surviving spouse's registration expiration date pursuant to
539     paragraph (a).
540
541     A registrant seeking such fee waiver must submit proof, in a
542     form prescribed by commission rule, that the registrant meets
543     one of the qualifications in this paragraph.
544          (15)(14)
545          (b)   In lieu of filing with the office the applications
546     specified in subsection (5), the fees required by subsection
547     (10) (9), the renewals required by subsection (11) (10), and the
548     termination notices required by subsection (12) (11), the
549     commission may by rule establish procedures for the deposit of
550     such fees and documents with the Central Registration Depository
551     or the Investment Adviser Registration Depository of the
552     Financial Industry Regulatory Authority, as developed under
553     contract with the North American Securities Administrators
554     Association, Inc.
555          (20)(19)    An intermediary may not engage in business in
556     this state unless the intermediary is registered as a dealer or
557     as an intermediary with the office pursuant to this section to
558     facilitate the offer or sale of securities in accordance with s.
559     517.0611. An intermediary, in order to obtain registration, must
560     file with the office a written application on a form prescribed
561     by commission rule and pay a registration fee of $200. The fees
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 23 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
        Amendment No. 1


562     under this subsection shall be deposited into the Regulatory
563     Trust Fund of the office. The commission may establish by rule
564     procedures for depositing fees and filing documents by
565     electronic means if such procedures provide the office with the
566     information and data required by this section. Each intermediary
567     must also file an irrevocable written consent to service of
568     civil process, as provided in s. 517.101.
569          (a)    The application must contain such information as the
570     commission or office may require concerning:
571          1.    The name of the applicant and address of its principal
572     office and each office in this state.
573          2.    The applicant's form and place of organization; and, if
574     the applicant is:
575          a.    A corporation, a copy of its articles of incorporation
576     and amendments to the articles of incorporation;
577          b.    A limited liability company, a copy of its articles of
578     organization and amendments to the articles and a copy of the
579     company's operating agreement as may be amended; or
580          c.    A partnership, a copy of the partnership agreement.
581          3.    The website address where securities of the issuer will
582     be offered.
583          4.    Contact information.
584          (b)    The application must also contain such information as
585     the commission may require by rule about the applicant; any
586     member, principal, or director of the applicant or any person
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 24 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 379    (2025)
        Amendment No. 1


587     having a similar status or performing similar functions; or any
588     persons directly or indirectly controlling the applicant. Each
589     applicant and any direct owners, principals, or indirect owners
590     that are required to be reported on a form adopted by commission
591     rule shall submit fingerprints for live-scan processing in
592     accordance with rules adopted by the commission. The
593     fingerprints may be submitted through a third-party vendor
594     authorized by the Department of Law Enforcement to provide live-
595     scan fingerprinting. The costs of fingerprint processing shall
596     be borne by the person subject to the background check. The
597     Department of Law Enforcement shall conduct a state criminal
598     history background check, and a federal criminal history
599     background check must be conducted through the Federal Bureau of
600     Investigation. The office shall review the results of the state
601     and federal criminal history background checks and determine
602     whether the applicant meets registration requirements. The
603     commission may waive, by rule, the requirement that applicants,
604     including any direct owners, principals, or indirect owners,
605     which are required to be reported on a form adopted by
606     commission rule, submit fingerprints or the requirement that
607     such fingerprints be processed by the Department of Law
608     Enforcement or the Federal Bureau of Investigation. The
609     commission, by rule, or the office may require information about
610     any applicant or person, including:


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 25 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
        Amendment No. 1


611          1.    The applicant's or person's full name and any other
612     names by which the applicant or person may have been known and
613     the applicant's or person's age, social security number,
614     photograph, qualifications, and educational and business
615     history.
616          2.    Any injunction or administrative order by a state or
617     federal agency, national securities exchange, or national
618     securities association involving a security or any aspect of an
619     intermediary's regulated business and any injunction or
620     administrative order by a state or federal agency regulating
621     banking, insurance, finance, real estate, mortgage brokers, or
622     other related or similar industries, which relate to such
623     person.
624          3.    The applicant's or person's conviction of, or plea of
625     nolo contendere to, a criminal offense or the applicant's or
626     person's commission of any acts that would be grounds for
627     refusal of an application under s. 517.161.
628          (c)1.    The following natural persons must submit a full set
629     of fingerprints to the Department of Law Enforcement or to a
630     vendor, entity, or agency authorized under s. 943.053(13) for
631     live-scan processing in accordance with rules adopted by the
632     commission:
633          a.    A natural person filing an application with the office
634     for registration as an intermediary.


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 26 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379     (2025)
        Amendment No. 1


635          b.    A natural person who holds the title of president,
636     treasurer, chief executive officer, chief financial officer,
637     chief operations officer, chief legal officer, chief compliance
638     officer, or director for an intermediary applicant.
639          c.    A natural person who is a 5 percent or more owner of an
640     intermediary applicant.
641          d. With respect to each 5 percent or more owner of an
642     intermediary applicant that is a corporation, partnership,
643     trust, or limited liability company, each natural person who is
644     a 25 percent or more owner or trustee of such entity, and each
645     natural person who is a 25 percent or more owner or trustee at
646     each level up the chain of ownership up to, but not including an
647     entity subject to s. 12 or s. 15(d) of the Securities Exchange
648     Act of 1934, as amended.
649          2.    For purposes of this subsection, the term "owner"
650     means:
651          a.    A shareholder who owns a percentage of a class of
652     voting securities of an intermediary applicant, and includes any
653     person who owns, beneficially owns, has the right to vote on, or
654     has the power to sell or direct the sale of, the percentage of a
655     class of a voting security of the intermediary applicant
656     specified in sub-subparagraph 1.c. or 1.d. For purposes of this
657     sub-subparagraph, a person beneficially owns any securities:
658          (I)    That are owned by the shareholder's child, stepchild,
659     grandchild, parent, stepparent, grandparent, spouse, sibling,
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 27 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379     (2025)
        Amendment No. 1


660     mother-in-law, father-in-law, son-in-law, daughter-in-law,
661     brother-in-law, or sister-in-law, sharing the same residence; or
662          (II)     That the shareholder has the right to acquire, within
663     60 days, through the exercise of any option, warrant, or right
664     to purchase the securities.
665          b.     A general partner of a partnership, and a limited
666     partner of a partnership who has the right to receive upon
667     dissolution, or has contributed, a percentage of the capital of
668     an intermediary applicant.
669          c.     A trustee of a trust that owns a percentage of a class
670     of a voting security of an intermediary applicant, or that has
671     the right to receive upon dissolution, or has contributed, a
672     percentage of the capital of an intermediary applicant.
673          d.     A member of a limited liability company who has the
674     right to receive upon dissolution, or has contributed, a
675     percentage of the capital of an intermediary applicant, and, all
676     limited liability company managers of an intermediary applicant.
677          3.     For purposes of this subsection, the term "shareholder"
678     means a person who owns at least one share of a corporation and
679     whose ownership is reflected in the records of the corporation.
680          (d)     The vendor, entity, or agency authorized under s.
681     943.053(13) to submit fingerprints electronically to the
682     Department of Law Enforcement shall submit the fingerprints to
683     the department for state processing, and the department shall


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 28 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 379     (2025)
        Amendment No. 1


684     forward the fingerprints to the Federal Bureau of Investigation
685     for national processing.
686          (e)   Fees for state and federal fingerprint processing must
687     be borne by the person subject to the criminal history record
688     check. The state cost for fingerprint processing is as provided
689     in s. 943.053(3)(e).
690          (f)   The office shall review the results of the state and
691     federal criminal history record checks and determine whether the
692     applicant is disqualified from registration. The commission may
693     waive by rule the requirement that applicants, including any
694     persons listed in sub-subparagraphs (c)1.a.-d., submit
695     fingerprints or the requirement that such fingerprints be
696     processed by the Department of Law Enforcement or the Federal
697     Bureau of Investigation. In waiving the requirement, the
698     commission may consider the rules and regulations of the
699     Securities and Exchange Commission, the model rules and acts of
700     the North American Securities Administrators Association, Inc.,
701     and the rules and regulations of the Financial Industry
702     Regulatory Authority.
703          (g)(c)   The application must be amended within 30 days if
704     any information contained in the form becomes inaccurate for any
705     reason.
706          (h)(d)   An intermediary or persons affiliated with the
707     intermediary are not subject to any disqualification described
708     in s. 517.1611 or Securities and Exchange Commission Rule
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 29 of 48
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 379    (2025)
        Amendment No. 1


709     506(d), 17 C.F.R. 230.506(d), adopted pursuant to the Securities
710     Act of 1933, as amended. Each director, officer, manager or
711     managing member, control person of the issuer, any person
712     occupying a similar status or performing a similar function, and
713     each person holding more than 20 percent of the ownership
714     interests of the intermediary is subject to this requirement.
715          (i)(e)   If the office finds that the applicant has complied
716     with the applicable registration provisions of this chapter and
717     the rules adopted thereunder, it shall register the applicant.
718     The registration of each intermediary expires on December 31 of
719     the year the registration became effective unless the registrant
720     renews his or her registration on or before that date.
721     Registration may be renewed by furnishing such information as
722     the commission may require by rule, together with payment of a
723     $200 fee and the payment of any amount due to the office
724     pursuant to any order of the office or pursuant to any agreement
725     with the office. An intermediary who has not renewed a
726     registration by the time that the current registration expires
727     may request reinstatement of such registration by filing with
728     the office, on or before January 31 of the year following the
729     year of expiration, such information as required by the
730     commission, together with payment of the $200 fee and a late fee
731     of $200. Any reinstatement of registration granted by the office
732     during the month of January is deemed effective retroactive to
733     January 1 of that year.
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                   Page 30 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
        Amendment No. 1


734          (21)(20)    The registration requirements of this section do
735     not apply to any general lines insurance agent or life insurance
736     agent licensed under chapter 626, with regard to the sale of a
737     security as defined in s. 517.021(30)(g) s. 517.021(25)(g), if
738     the individual is directly authorized by the issuer to offer or
739     sell the security on behalf of the issuer and the issuer is a
740     federally chartered savings bank subject to regulation by the
741     Federal Deposit Insurance Corporation. Actions under this
742     subsection constitute activity under the insurance agent's
743     license for purposes of ss. 626.611 and 626.621.
744          (22)(a)(21)(a)     As used in this subsection, the term:
745          1.     "Broker" has the same meaning as "dealer" as defined in
746     s. 517.021.
747          2.     "Business combination related shell company" means a
748     shell company that is formed by an entity that is not a shell
749     company solely for the purpose of:
750          a.     Changing the corporate domicile of the entity solely
751     within the United States; or
752          b.     Completing a business combination transaction, as
753     defined in 17 C.F.R. s. 230.165(f), among one or more entities
754     other than the company itself, none of which is a shell company.
755          3.2.    "Control person" means a person an individual or
756     entity that possesses the power, directly or indirectly, to
757     direct the management or policies of a company through ownership
758     of securities, by contract, or otherwise. A person is presumed
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 31 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
        Amendment No. 1


759     to be a control person of a company if, upon completion of a
760     transaction, the buyer or group of buyers with respect to a
761     particular company, the person:
762          a.     Is a director, a general partner, a member, or a
763     manager of a limited liability company, or is an officer who
764     exercises executive responsibility or has a similar status or
765     function;
766          a.b.    Has the power to vote 25 20 percent or more of a
767     class of voting securities or has the power to sell or direct
768     the sale of 25 20 percent or more of a class of voting
769     securities; or
770          b.c.    In the case of a partnership or limited liability
771     company, may receive upon dissolution, or has contributed, 25 20
772     percent or more of the capital.
773          4.3.    "Eligible privately held company" means a privately
774     held company that meets all of the following conditions:
775          a.     The company does not have any class of securities which
776     is registered, or which is required to be registered, with the
777     United States Securities and Exchange Commission under the
778     Securities Exchange Act of 1934, 15 U.S.C. ss. 78a et seq., as
779     amended, or with the office under s. 517.07, or for which the
780     company files, or is required to file, summary and periodic
781     information, documents, and reports under s. 15(d) of the
782     Securities Exchange Act of 1934, 15 U.S.C. s. 78o(d), as
783     amended.
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 32 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
        Amendment No. 1


784          b.     In the fiscal year immediately preceding the fiscal
785     year during which the merger and acquisition broker begins to
786     provide services for the securities transaction, the company, in
787     accordance with its historical financial accounting records, has
788     earnings before interest, taxes, depreciation, and amortization
789     of less than $25 million or has gross revenues of less than $250
790     million. On July 1, 2021, and every 5 years thereafter, each
791     dollar amount in this sub-subparagraph shall be adjusted by
792     dividing the annual value of the Employment Cost Index for wages
793     and salaries for private industry workers, or any successor
794     index, as published by the Bureau of Labor Statistics, for the
795     calendar year preceding the calendar year in which the
796     adjustment is being made, by the annual value of such index or
797     successor index for the calendar year ending December 31, 2020
798     2012, and multiplying such dollar amount by the quotient
799     obtained. Each dollar amount determined under this sub-
800     subparagraph must shall be rounded to the nearest multiple of
801     $100,000 and adopted by commission rule.
802          5.4.    "Merger and acquisition broker" means a any broker
803     and any person associated with a broker engaged in the business
804     of effecting securities transactions solely in connection with
805     the transfer of ownership of an eligible privately held company,
806     regardless of whether the that broker acts on behalf of a seller
807     or buyer, through the purchase, sale, exchange, issuance,
808     repurchase, or redemption of, or a business combination
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 33 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379     (2025)
        Amendment No. 1


809     involving, securities or assets of the eligible privately held
810     company.
811          6.5.    "Public Shell company" means a company that at the
812     time of a transaction with an eligible privately held company:
813          a.     Has any class of securities which is registered, or
814     which is required to be registered, with the United States
815     Securities and Exchange Commission under the Securities Exchange
816     Act of 1934, 15 U.S.C. ss. 78a et seq., or with the office under
817     s. 517.07, or for which the company files, or is required to
818     file, summary and periodic information, documents, and reports
819     under s. 15(d) of the Securities Exchange Act of 1934, 15 U.S.C.
820     s. 78o(d);
821          a.b.    Has nominal or no operations.; and
822          b.c.    Has nominal assets or no assets, assets consisting
823     solely of cash and cash equivalents, or assets consisting of any
824     amount of cash and cash equivalents and nominal other assets.
825          (b)     Prior to the completion of any securities transaction
826     described in s. 517.061(7), a merger and acquisition broker must
827     receive written assurances from the control person with the
828     largest percentage of ownership for both the buyer and seller
829     engaged in the transaction that:
830          1.     After the transaction is completed, any person who
831     acquires securities or assets of the eligible privately held
832     company, acting alone or in concert, will be a control person of
833     the eligible privately held company or will be a control person
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 34 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 379    (2025)
        Amendment No. 1


834     for the business conducted with the assets of the eligible
835     privately held company.; and
836          2.     After the transaction is completed, any person who
837     acquires securities or assets of the eligible privately held
838     company, acting alone or in concert, will be deemed to be active
839     in the management of the eligible privately held company or the
840     business conducted with the assets of the eligible privately
841     held company, and active in the management of the assets of the
842     eligible privately held company, if he or she engages in any of
843     the following acts or activities:
844          a.     Electing executive officers.
845          b.     Approving the annual budget.
846          c.     Serving as an executive or other executive manager.
847          d.     Carrying out such other activities as the commission
848     may by rule determine to be in the public interest.
849          3.2.    If any person is offered securities in exchange for
850     securities or assets of the eligible privately held company,
851     such person will, before becoming legally bound to complete the
852     transaction, receive or be given reasonable access to the most
853     recent year-end financial statements of the issuer of the
854     securities offered in exchange. The most recent year-end
855     financial statements shall be customarily prepared by the
856     issuer's management in the normal course of operations. If the
857     financial statements of the issuer are audited, reviewed, or
858     compiled, the most recent year-end financial statements must
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 35 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
        Amendment No. 1


859     include any related statement by the independent certified
860     public accountant; a balance sheet dated not more than 120 days
861     before the date of the exchange offer; and information
862     pertaining to the management, business, results of operations
863     for the period covered by the foregoing financial statements,
864     and material loss contingencies of the issuer.
865          (c)   A merger and acquisition broker engaged in a
866     transaction exempt under s. 517.061(7) is exempt from
867     registration under this section unless the merger and
868     acquisition broker:
869          1.    Directly or indirectly, in connection with the transfer
870     of ownership of an eligible privately held company, receives,
871     holds, transmits, or has custody of the funds or securities to
872     be exchanged by the parties to the transaction;
873          2.    Engages on behalf of an issuer in a public offering of
874     any class of securities which is registered, or which is
875     required to be registered, with the United States Securities and
876     Exchange Commission under the Securities Exchange Act of 1934,
877     15 U.S.C. ss. 78a et seq., as amended, or with the office under
878     s. 517.07; or for which the issuer files, or is required to
879     file, periodic information, documents, and reports under s.
880     15(d) of the Securities Exchange Act of 1934, 15 U.S.C. s.
881     78o(d), as amended;




      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 36 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379   (2025)
        Amendment No. 1


882          3.   Engages on behalf of any party in a transaction
883     involving a public shell company, other than a business
884     combination related shell company;
885          4.   Directly, or indirectly through any of its affiliates,
886     provides financing related to the transfer of ownership of an
887     eligible privately held company;
888          5.   Assists any party to obtain financing from an
889     unaffiliated third party without:
890          a.   Complying with all other applicable laws in connection
891     with such assistance, including, if applicable, Regulation T
892     under 12 C.F.R. ss. 220 et seq., as amended; and
893          b.   Disclosing any compensation in writing to the party;
894          6.   Represents both the buyer and the seller in the same
895     transaction without providing clear written disclosure as to the
896     parties the broker represents and obtaining written consent from
897     both parties to the joint representation;
898          7.   Facilitates a transaction with a group of buyers formed
899     with the assistance of the merger and acquisition broker to
900     acquire the eligible privately held company;
901          8.   Engages in a transaction involving the transfer of
902     ownership of an eligible privately held company to a passive
903     buyer or group of passive buyers;
904          9.   Binds a party to a transfer of ownership of an eligible
905     privately held company; or


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 37 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379    (2025)
        Amendment No. 1


906          10.    Is subject to, or an officer, director, member,
907     manager, partner, or employee of the broker is subject to, the
908     following disciplinary actions:
909          a.    Has been barred from association with a broker or
910     dealer by the Securities and Exchange Commission, any state, or
911     any self-regulatory organization; or
912          b.    Is suspended from association with a broker or dealer.
913          4.    Is subject to a suspension or revocation of
914     registration under s. 15(b)(4) of the Securities Exchange Act of
915     1934, 15 U.S.C. s. 78o(b)(4);
916          5.    Is subject to a statutory disqualification described in
917     s. 3(a)(39) of the Securities Exchange Act of 1934, 15 U.S.C. s.
918     78c(a)(39);
919          6.    Is subject to a disqualification under the United
920     States Securities and Exchange Commission Rule 506(d), 17 C.F.R.
921     s. 230.506(d); or
922          7.    Is subject to a final order described in s. 15(b)(4)(H)
923     of the Securities Exchange Act of 1934, 15 U.S.C. s.
924     78o(b)(4)(H).
925          Section 9.    Subsection (1), paragraph (a) of subsection
926     (2), and subsections (3) and (5) of section 517.131, Florida
927     Statutes, are amended to read:
928          517.131    Securities Guaranty Fund.—
929          (1)    As used in this section, the term:


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 38 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
        Amendment No. 1


930          (a)    "Final judgment" includes an arbitration award
931     confirmed by a court of competent jurisdiction.
932          (b)     "Restitution order" means a court order awarding a
933     specified monetary amount to a named aggrieved person for a
934     violation of s. 517.07 or s. 517.301 to be paid by a named
935     violator.
936          (2)(a)     The Chief Financial Officer shall establish a
937     Securities Guaranty Fund to provide monetary relief to victims
938     of securities violations under this chapter who are entitled to
939     monetary damages or restitution and cannot recover the full
940     amount of such monetary damages or restitution from the
941     wrongdoer. An amount not exceeding 20 percent of all revenues
942     received as assessment fees pursuant to s. 517.12(10) and (11)
943     s. 517.12(9) and (10) for dealers and investment advisers or s.
944     517.1201 for federal covered advisers and an amount not
945     exceeding 10 percent of all revenues received as assessment fees
946     pursuant to s. 517.12(10) and (11) s. 517.12(9) and (10) for
947     associated persons must be part of the regular registration
948     license fee and must be transferred to or deposited in the
949     Securities Guaranty Fund.
950          (3)     A person is eligible for payment from the Securities
951     Guaranty Fund if the person:
952          (a)1.    Is a judgment creditor in Holds an unsatisfied final
953     judgment or a named beneficiary or victim in an unsatisfied


      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                     Page 39 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379     (2025)
        Amendment No. 1


954     restitution order entered on or after October 1, 2024, in which
955     a wrongdoer was found to have violated s. 517.07 or s. 517.301;
956          2.    Has applied any amount recovered from the judgment
957     debtor, a person ordered to pay restitution, or any other source
958     to the damages awarded in a final judgment or restitution order
959     by the court or arbitrator; and
960          3.    Is a natural person who was a resident of this state,
961     or is a business entity that was domiciled in this state, at the
962     time of the violation of s. 517.07 or s. 517.301; or
963          (b)    Is a receiver appointed pursuant to s. 517.191(2) by a
964     court of competent jurisdiction for a wrongdoer ordered to pay
965     restitution under s. 517.191(3) as a result of a violation of s.
966     517.07 or s. 517.301 which has requested payment from the
967     Securities Guaranty Fund on behalf of a person eligible for
968     payment under paragraph (a).
969
970     If a person holds an unsatisfied final judgment or restitution
971     order entered before October 1, 2024, in which a wrongdoer was
972     found to have violated s. 517.07 or s. 517.301, such person's
973     claim for payment from the Securities Guaranty Fund shall be
974     governed by the terms of this section and s. 517.141 which were
975     effective on the date of such final judgment or restitution
976     order.
977          (5)    An eligible person, or a receiver on behalf of the
978     eligible person, seeking payment from the Securities Guaranty
      051577 - h0379-strike.docx
      Published On: 4/4/2025 4:38:27 PM
                                    Page 40 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
         Amendment No. 1


979      Fund must file with the office a written application on a form
980      that the commission may prescribe by rule. The commission may
981      adopt by rule procedures for filing documents by electronic
982      means, provided that such procedures provide the office with the
983      information and data required by this section. The application
984      must be filed with the office within 1 year after the date of
985      the final judgment, the date on which a restitution order has
986      been ripe for execution, or the date of any appellate decision
987      thereon, and, at minimum, must contain all of the following
988      information:
989           (a)   The eligible person's and, if applicable, the
990      receiver's full names, addresses, and contact information.
991           (b)   The name of the judgment debtor or person ordered to
992      pay restitution.
993           (c)   If the eligible person is a business entity, the
994      eligible person's type and place of organization and, as
995      applicable, a copy, as amended, of its articles of
996      incorporation, articles of organization, trust agreement, or
997      partnership agreement.
998           (d)   A copy of any final judgment or and a copy thereof.
999           (e)   Any restitution order pursuant to s. 517.191(3), and a
1000     copy thereof.
1001          (e)(f)    An affidavit from the eligible person stating
1002     either one of the following:


       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                     Page 41 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379   (2025)
         Amendment No. 1


1003          1.   That the eligible person has made all reasonable
1004     searches and inquiries to ascertain whether the judgment debtor
1005     or person ordered to pay restitution possesses real or personal
1006     property or other assets subject to being sold or applied in
1007     satisfaction of the final judgment or restitution order and, by
1008     the eligible person's search, that the eligible person has not
1009     discovered any property or assets.
1010          2.   That the eligible person has taken necessary action on
1011     the property and assets of the wrongdoers but the final judgment
1012     or restitution order remains unsatisfied.
1013          (f)(g)   If the application is filed by the receiver, an
1014     affidavit from the receiver stating the amount of restitution
1015     owed to the eligible person on whose behalf the claim is filed;
1016     the amount of any money, property, or assets paid to the
1017     eligible person on whose behalf the claim is filed by the person
1018     over whom the receiver is appointed; and the amount of any
1019     unsatisfied portion of any eligible person's restitution order
1020     of restitution.
1021          (g)(h)   The eligible person's residence or domicile at the
1022     time of the violation of s. 517.07 or s. 517.301 which resulted
1023     in the eligible person's monetary damages.
1024          (h)(i)   The amount of any unsatisfied portion of the
1025     eligible person's final judgment or restitution order.
1026          (i)(j)   Whether an appeal or motion to vacate an
1027     arbitration award has been filed.
       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                    Page 42 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
         Amendment No. 1


1028          Section 10.   Subsection (3) of section 517.301, Florida
1029     Statutes, is amended to read:
1030          517.301   Fraudulent transactions; falsification or
1031     concealment of facts.—
1032          (3)   It is unlawful for a person in issuing or selling a
1033     security within this state, including a security exempted under
1034     s. 517.051 and including a transaction exempted under s.
1035     517.061, s. 517.0611, or s. 517.0612, to misrepresent that such
1036     security or person business entity has been guaranteed,
1037     sponsored, recommended, or approved by the state or an agency or
1038     officer of the state or by the United States or an agency or
1039     officer of the United States.
1040          Section 11.   Subsection (4) of section 517.34, Florida
1041     Statutes, is amended to read:
1042          517.34    Protection of specified adults.—
1043          (4)   A delay on a disbursement or transaction under
1044     subsection (3) expires 15 business days after the date on which
1045     the delay was first placed. However, the dealer or investment
1046     adviser may extend the delay for up to 30 10 additional business
1047     days if the dealer's or investment adviser's review of the
1048     available facts and circumstances continues to support such
1049     dealer's or investment adviser's reasonable belief that
1050     financial exploitation of the specified adult has occurred, is
1051     occurring, has been attempted, or will be attempted. A dealer or
1052     investment adviser that extends a delay must notify the office
       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                     Page 43 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379    (2025)
         Amendment No. 1


1053     on a form prescribed by commission rule not later than 3
1054     business days after the date on which the extension was applied.
1055     The notice must identify the dealer or investment adviser that
1056     extended the delay and the date on which the delay was
1057     originally made. The length of the delay may be shortened or
1058     extended at any time by a court of competent jurisdiction. This
1059     subsection does not prevent a dealer or investment adviser from
1060     terminating a delay after communication with the parties
1061     authorized to transact business on the account and any trusted
1062     contact on the account.
1063          Section 12.   Subsection (1) of section 517.211, Florida
1064     Statutes, is amended to read:
1065          517.211   Private remedies available in cases of unlawful
1066     sale.—
1067          (1)   Every sale made in violation of either s. 517.07 or s.
1068     517.12(1), (3), (4), (9), (11), (13), (16), or (18) s.
1069     517.12(1), (3), (4), (8), (10), (12), (15), or (17) may be
1070     rescinded at the election of the purchaser; however, a sale made
1071     in violation of the provisions of s. 517.1202(3) relating to a
1072     renewal of a branch office notification or in violation of the
1073     provisions of s. 517.12(13) s. 517.12(12) relating to filing a
1074     change of address amendment is not subject to this section. Each
1075     person making the sale and every director, officer, partner, or
1076     agent of or for the seller, if the director, officer, partner,
1077     or agent has personally participated or aided in making the
       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                    Page 44 of 48
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 379    (2025)
         Amendment No. 1


1078     sale, is jointly and severally liable to the purchaser in an
1079     action for rescission, if the purchaser still owns the security,
1080     or for damages, if the purchaser has sold the security. No
1081     purchaser otherwise entitled will have the benefit of this
1082     subsection who has refused or failed, within 30 days after
1083     receipt, to accept an offer made in writing by the seller, if
1084     the purchaser has not sold the security, to take back the
1085     security in question and to refund the full amount paid by the
1086     purchaser or, if the purchaser has sold the security, to pay the
1087     purchaser an amount equal to the difference between the amount
1088     paid for the security and the amount received by the purchaser
1089     on the sale of the security, together, in either case, with
1090     interest on the full amount paid for the security by the
1091     purchaser at the legal rate, pursuant to s. 55.03, for the
1092     period from the date of payment by the purchaser to the date of
1093     repayment, less the amount of any income received by the
1094     purchaser on the security.
1095          Section 13.   Subsection (2) of section 517.315, Florida
1096     Statutes, is amended to read:
1097          517.315   Fees.—All fees of any nature collected by the
1098     office pursuant to this chapter shall be disbursed as follows:
1099          (2)   After the transfer required in subsection (1), the
1100     office shall transfer the $50 assessment fee collected from each
1101     associated person under s. 517.12(10) and (11) s. 517.12(9) and
1102     (10) and 30.44 percent of the $100 assessment fee paid by
       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                      Page 45 of 48
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 379   (2025)
         Amendment No. 1


1103     dealers and investment advisers for each office in the state
1104     under s. 517.12(10) and (11) s. 517.12(9) and (10) to the
1105     Regulatory Trust Fund.
1106            Section 14.   This act shall take effect upon becoming a
1107     law.
1108
1109            -----------------------------------------------------
1110                          T I T L E   A M E N D M E N T
1111            Remove everything before the enacting clause and insert:
1112            An act relating to securities; amending s. 517.021,
1113            F.S.; providing and revising definitions; amending s.
1114            517.061, F.S.; revising the circumstances under which
1115            securities transactions are exempt from registration
1116            requirements; conforming cross-references; amending s.
1117            517.0612, F.S.; revising the filing requirements for
1118            securities issuers under the Florida Invest Local
1119            Exemption law; amending s. 517.0614, F.S.; revising
1120            circumstances under which securities offers and sales
1121            are not subject to integration with other offerings;
1122            amending s. 517.0616, F.S.; revising the registration
1123            exemptions that are available to specified issuers
1124            under certain circumstances; providing applicability
1125            of certain disqualification provisions under a
1126            specified Securities and Exchange Commission rule;
1127            amending s. 517.075, F.S.; making a technical change;
       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                     Page 46 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379    (2025)
         Amendment No. 1


1128          amending s. 517.081, F.S.; revising the requirements
1129          for securities registration applications; amending s.
1130          517.12, F.S.; revising the list of persons who must
1131          submit fingerprints for live-scan processing for
1132          registration applications; providing fees for
1133          fingerprint processing; defining the term "owner";
1134          defining the term "shareholder"; authorizing the
1135          Financial Services Commission to consider certain
1136          rules and regulations in waiving the fingerprint
1137          requirement; providing and revising definitions;
1138          revising the written assurances requirements that
1139          merger and acquisition brokers must receive from
1140          certain control persons under specified circumstances;
1141          revising the circumstances under which merger and
1142          acquisition brokers are not exempt from specified
1143          securities registration; conforming cross-references;
1144          amending s. 517.131, F.S.; defining the term
1145          "restitution order"; revising the circumstances under
1146          which a person is eligible for payment from the
1147          Securities Guaranty Fund; revising the requirements
1148          for applications for payment from the fund; conforming
1149          cross-references; amending s. 517.301, F.S.;
1150          specifying a prohibition against certain
1151          misrepresentations in a person issuing and selling
1152          securities; amending s. 517.34, F.S.; revising the
       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                    Page 47 of 48
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 379    (2025)
         Amendment No. 1


1153          maximum number of days by which a dealer or investment
1154          adviser may extend a delay on a disbursement or
1155          transaction; amending ss. 517.211 and 517.315, F.S.;
1156          conforming cross-references; providing an effective
1157          date.




       051577 - h0379-strike.docx
       Published On: 4/4/2025 4:38:27 PM
                                    Page 48 of 48
CS/HB 453
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 453                                                       COMPANION BILL: SB 570 (Gruters)
TITLE: Pool/Spa Contractors                                             LINKED BILLS: None
SPONSOR(S): Smith, Alvarez, D.                                          RELATED BILLS: None
Committee References
         Industries & Professional Activities                                                            Commerce
                   12 Y, 0 N, As CS                                    

SUMMARY
Effect of the Bill:
The bill clarifies and expands the scope of work for swimming pool/spa contractors.

Fiscal or Economic Impact:
The bill may have a positive economic impact on swimming pool/spa contractors by expanding their scope of work
and clarifying their current scope of work.



JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:

The bill expands the scope of work for all swimming pool/spa contractors to include the installation of lighting,
light transformers, and the connection, replacement, disconnection, or reconnection of power wiring on the load
side of the dedicated existing electrical circuit disconnect for swimming pool, spa, hot tub, or interactive water
feature1 equipment. However, swimming pool/spa service contractors may only repair or replace lighting and light
transformers, and may not install such items. (Section 1)

The bill expands the scope of work for residential swimming pool/spa contractors by allowing them to
perform work on a commercial swimming pool, spa, hot tub, or public bathing place.2 However, a residential
swimming pool/spa contractor may not build a new commercial swimming pool spa, hot tub, or public bathing
place. (Section 1)

The bill expands the scope of work for swimming pool/spa service contractors to include the renovation or
remodeling of a swimming pool, hot tub, spa, interactive water feature, decorative water feature, public bathing
place, or swimming pool or spa appurtenance. Currently, swimming pool/spa service contractors may only
perform servicing and make repairs. (Section 1)

The bill provides that a swimming pool/spa contractor may not install or upgrade a dedicated electrical
disconnect or electrical circuits, or perform any work inside a main electrical panel. The bill also clarifies that a


1 The Florida Building Code defines “interactive water features” as a type of swimming pool that is a structure designed to

allow for recreational activities with recirculated, filtered, and treated water; but having minimal standing water. Section 454
of the Eighth edition of the Florida Building Code (Building).
2 A “public bathing place” is a body of water, natural or modified by humans, for swimming, diving, and recreational bathing

used by consent of the owner or owners and held out to the public by any person or public body, irrespective of whether a fee
is charged for the use thereof. The bathing water areas of public bathing places include, but are not limited to, lakes, ponds,
rivers, streams, artificial impoundments, and waters along the coastal and intracoastal beaches and shores of the state.
S. 514.011(4), F.S.
STORAGE NAME: h0453b.COM
DATE: 4/4/2025
                                                                                                                                             1
swimming pool/spa contractor may not make direct connections to a sanitary sewer system or to potable water
lines. (Section 1)

The bill redefines the scope of work for a commercial pool/spa contractor to clarify that it includes but is not
limited to:
     All phases of construction, repair, renovation, remodel, deconstruction, and servicing of a swimming pool,
        hot tub, spa, interactive water feature, decorative water feature, public bathing place, or a swimming pool
        or spa appurtenance.
     The construction of uninhabitable equipment rooms for swimming pool, spa, hot tub, or interactive water
        feature equipment.
     Excavation and earthmoving required for the installation of swimming pools, spas, hot tubs, or interactive
        water features.
     The operation of construction pumps for dewatering purposes and for draining swimming pools, spas, hot
        tubs, or interactive water features.
     The installation of rebar or similar support materials, and the shaping and shooting of gunite dry mix and
        wet mix, concrete, or similar product mix used in the construction of swimming pools, spas, hot tubs, or
        interactive water features.
     The installation of equipotential bonding, light conduits, and any cleaning or sanitizing equipment that
        requires at least partial disassembling.
     The installation of fiberglass swimming pool, spa, or hot tub shells and vinyl pool, spa, or hot tub liners.
     The application and removal of all interior pool, spa, hot tub, or interactive water feature finishes.
     The construction, maintenance, or remodel of decorative or interactive water features, displays that use
        recirculated water.
     The installation of all swimming pool, spa, hot tub, or interactive water feature piping.
     The construction and installation of retaining walls, concrete flatwork, pavers and bricks, and footings for
        the construction of a swimming pool, spa, hot tub, or interactive water feature.
     The scope of work of a swimming pool/spa servicing contractor. (Section 1)

The bill redefines the scope of work for residential pool/spa contractors to clarify that their scope of work is the
same as a commercial pool/spa contractor, except a residential pool/spa contractor may not construct any new
commercial swimming pool, spa, hot tub, or public bathing place. (Section 1)

The bill redefines the scope of work for a swimming pool/spa servicing contractor to clarify that it includes, but
is not limited to:
     All aspects of the repair or servicing of a swimming pool, hot tub, spa, interactive water feature, decorative
         water feature, public bathing place, or swimming pool or spa appurtenance.
     The repair or replacement of equipotential bonding, light conduit, and any cleaning or sanitizing equipment
         that requires at least partial disassembling.
     The installation, repair, or replacement of all swimming pool, spa, hot tub, or interactive water feature
         equipment, including, but not limited to, pool pumps, filters, feeders, controllers, and heaters.
     The repair of uninhabitable equipment for swimming pool, spa, hot tub, or interactive water feature
         equipment.
     The repair or replacement of all perimeter piping and filter piping.
     The substantial or complete draining of a swimming pool, spa, or hot tub for repair or renovation and the
         operation of construction pumps for dewatering purposes.
     The removal and reapplication of all interior swimming pool, spa, hot tub, or interactive water feature
         finishes.
     The installation, repair, or replacement of all tile and coping for a swimming pool, spa, hot tub, or
         interactive water feature. (Section 1)

The bill clarifies that licensure is not required when using equipment for:
    Treating or cleaning a swimming pool, spa, hot tub, or interactive water feature unless such use involves
        installation, modification, or replacement of the equipment or affects the structural integrity of the
        swimming pool, spa, hot tub, or interactive water feature.
    Treating water.

JUMP TO              SUMMARY                   ANALYSIS            RELEVANT INFORMATION            BILL HISTORY
                                                                                                                      2
       Changing the filter media.3 (Section 1)

The bill provides an effective date of July 1, 2025. (Section 2)


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Swimming pool/spa contractor

Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a licensed contractor
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S.4

Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within Department of Business and Professional Regulation. The CILB is responsible for licensing
statewide construction contractors and regulating the construction industry in Florida under part I of Ch. 489, F.S.5

Currently there are three types of swimming pool/spa contractors:
    Commercial pool/spa contractor.
    Residential pool/spa contractor.
    Swimming pool/spa servicing contractor.

“Commercial pool/spa contractors” are individuals who are certified or registered to construct, repair, and service
any public or private swimming pool, hot tub, or spa including:6
    Installing, repairing, or replacing existing equipment;
    Cleaning or sanitizing equipment that requires at least a partial disassembling, excluding filter changes;
    Installing new interior finishes, package pool heaters, and perimeter piping and filter piping;
    Constructing equipment rooms or housing for pool/spa equipment; and
    The scope of work of a swimming pool/spa servicing contractor.

“Residential pool/spa contractors” are individuals who are certified or registered to construct repair, and service
any residential swimming pool, hot tub, or spa. The scope of work is identical to the scope of work for commercial
pool/spa contractors; however, residential pool/spa contractors may only work on residential swimming pools,
hot tubs, and spas.7

“Swimming pool/spa servicing contractors” are individuals who are certified or registered to repair and service
any public or private swimming pool, hot tub, or spa including:8
    Repairing or replacing existing equipment;
    Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes;
    Installing new pool/spa equipment and interior refinishing;
    Reinstalling or adding pool heaters;
    Repairing or replacing perimeter piping and filter piping;
    Repairing equipment rooms or housing for pool/spa equipment; and


3 The filter media is the media inside a pool filter, such as sand, that traps debris and contaminants. AquaDoc Choosing the

Right Filter Media for Your Pool (June 13, 2024) https://www.mavaquadoc.com/blogs/pool-maintenance-blog/choosing-the-
right-filter-media-for-your-
pool#:~:text=The%20filter%20media%20is%20the%20material%20inside%20your,to%20choose%20the%20best%20one
%20for%20your%20pool. (last visited March 21, 2025)
4 S. 489.105(3), F.S.
5 S. 489.107, F.S.
6
  S. 489.105(3)(j), F.S.
7
  S. 489.105(3)(k), F.S.
8
  S. 489.105(3)(l), F.S.
JUMP TO                 SUMMARY                     ANALYSIS              RELEVANT INFORMATION               BILL HISTORY
                                                                                                                               3
        Substantially or completely draining a swimming pool, or hot tub or spa, for the purpose of repair or
         renovation.

The scope of work for all three types of swimming pool/spa contractors does not include direct connections to a
sanitary sewer system or to potable water lines.9

Water treatment or cleaning a pool/spa does not require a license unless the structural integrity of the pool/spa is
affected or the equipment attached to the pool/spa must be substantially or completely disassembled or replaced.
Installing an aboveground pool also does not require a license.10

A contractor, including swimming pool/spa contractors, must subcontract all electrical, mechanical, plumbing,
roofing, sheet metal, and air-conditioning work, to a contractor certified or registered in the respective category,
unless the pool/spa contractor also holds a state certificate or registration in the respective category.11

Dedicated electrical circuit

An electrical circuit is a path or loop through which electricity flows. An electrical disconnect or breaker is a switch
that stops the flow of the electrical circuit if the devices or appliances draw too much power. A regular or non-
dedicated electrical circuit supplies electricity from the breaker to multiple outlets. 12

A dedicated electrical circuit has its very own circuit breaker that only supports one outlet and therefore is
dedicated to powering just one device or appliance. Dedicated circuits are designed to protect major appliances
and devices that draw a lot of power, such as refrigerators, from electrical damage. They also prevent fires and
electrocution by ensuring the device or appliance does not draw more power than the circuit can handle.13




9
  S. 489.105, F.S.
10
   Ss 489.103(6), and 489.105, F.S.; DBPR, Trust but Verify,
http://www.myfloridalicense.com/dbpr/reg/documents/trustbutverify_000.pdf?x40199 (last visited March 21, 2025).
11
   S. 489.113(3), F.S.
12 Harrison Electric Inc., What Are Dedicated Circuits & Which Appliances Should Have Them?, (July 20, 2020) https://harrison-

electric.com/Blog/entryid/205/what-are-dedicated-circuits-which-appliances-should-have-them (last visited on March 20,
2025); Michael Christian, What Is an Electrical Disconnect and Its Importance?, House and Home Online (December 20, 2023)
https://houseandhomeonline.com/what-is-an-electrical-disconnect/ (last visited march 21, 2025).
13 Harrison Electric Inc., Dedicated Circuits: What They Are & How to Determine If You Need Them, (August 16, 2021)

https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what-they-are-how-to-determine-if-you-need-them (last
visited on March 20, 2025).
JUMP TO                SUMMARY                     ANALYSIS              RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                 4
The load side of an electrical circuit are the wires passing electricity from a device in the circuit downstream to
other devices, while the “line side” are the wires bringing electricity to the device.14




Pool Light Transformer

Genereally, pool lights use low voltage, usually around 12 volts, to minimize the risk of electric shock in the pool
area. A pool light transformer converts higher voltage from a structure’s main electrical system to the lower
voltage required by the pool lights. This protects the pool lights from overloading.15


                                                         BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                     DATE              POLICY CHIEF           PREPARED BY
Industries & Professional Activities             12 Y, 0 N, As CS            3/26/2025              Anstead                Brackett
Subcommittee
THE CHANGES ADOPTED BY THE                     Clarified that a pool/spa contractor may only perform excavation and
COMMITTEE:                                      earthmoving if it’s required for the installation of a swimming pool, spa, hot
                                                tub, or interactive water feature
Commerce Committee                                                                            Hamon            Brackett


    -------------------------------------------------------------------------------------------------------------------------------------
  THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
    -------------------------------------------------------------------------------------------------------------------------------------




14 Timothy Thiele, Line vs. Load Wiring: What's the Difference?, The Spruce (April 19, 2024) https://www.thespruce.com/line-

and-load-connections-1152729
15 Schematic Central, How to Wire a Pool Light Transformer: A Complete Wiring Diagram, https://schempal.com/pool-light-

transformer-wiring-diagram (last visited March 24, 2025).
JUMP TO                  SUMMARY                        ANALYSIS                RELEVANT INFORMATION                   BILL HISTORY
                                                                                                                                            5
F   L      O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 453                                                                                            2025




    1                                         A bill to be entitled
    2              An act relating to pool/spa contractors; amending s.
    3              489.105, F.S.; revising the definition of the terms
    4              "commercial pool/spa contractor," "residential
    5              pool/spa contractor," and "swimming pool/spa servicing
    6              contractor"; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                 Section 1.         Paragraphs (j), (k), and (l) of subsection (3)
11         of section 489.105, Florida Statutes, are amended to read:
12                 489.105       Definitions.—As used in this part:
13                 (3)     "Contractor" means the person who is qualified for,
14         and is only responsible for, the project contracted for and
15         means, except as exempted in this part, the person who, for
16         compensation, undertakes to, submits a bid to, or does himself
17         or herself or by others construct, repair, alter, remodel, add
18         to, demolish, subtract from, or improve any building or
19         structure, including related improvements to real estate, for
20         others or for resale to others; and whose job scope is
21         substantially similar to the job scope described in one of the
22         paragraphs of this subsection. For the purposes of regulation
23         under this part, the term "demolish" applies only to demolition
24         of steel tanks more than 50 feet in height; towers more than 50
25         feet in height; other structures more than 50 feet in height;

                                                         Page 1 of 9

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb453-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 453                                                                                            2025




26      and all buildings or residences. Contractors are subdivided into
27      two divisions, Division I, consisting of those contractors
28      defined in paragraphs (a)-(c), and Division II, consisting of
29      those contractors defined in paragraphs (d)-(q):
30              (j)      "Commercial pool/spa contractor" means a contractor
31      whose scope of work includes involves, but is not limited to,
32      all phases of the construction, repair, renovation, remodel,
33      deconstruction, and servicing of a any swimming pool, or hot
34      tub, or spa, splash pad or other interactive water feature,
35      decorative water feature, public bathing place, or swimming pool
36      or spa appurtenance, whether public, private, or otherwise,
37      regardless of use.
38              1.      The scope of such work includes, but is not limited to,
39      the following:
40              a.      The scope of work of a swimming pool/spa servicing
41      contractor.
42              b.      The connection, replacement, disconnection, or
43      reconnection of power wiring on the load side of the dedicated
44      existing electrical circuit disconnect means for swimming pool,
45      spa, hot tub, or interactive water feature equipment.
46              c.      The installation of equipotential bonding; swimming
47      pool, spa, or hot tub lighting; light transformers; light
48      conduit; and any cleaning or sanitizing equipment that requires
49      at least partial disassembling.
50              d.      The construction of uninhabitable equipment rooms or

                                                      Page 2 of 9

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb453-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 453                                                                                            2025




51      housing for swimming pool, spa, hot tub, or interactive water
52      feature equipment for the protection of the equipment from
53      outside elements or preventing unauthorized access.
54              e.      Excavation and earthmoving only as required for the
55      installation of swimming pools, spas, hot tubs, or interactive
56      water features.
57              f.      The operation of construction pumps for dewatering
58      purposes for swimming pool, spa, hot tub, or interactive water
59      feature excavation sites, and for draining swimming pools, spas,
60      hot tubs, or interactive water features.
61              g.      The installation of rebar or similar support materials
62      for swimming pool, spa, hot tub, or interactive water feature
63      structures, and the shaping and shooting of gunite dry mix and
64      wet mix, concrete, or similar product mix used in the
65      construction of swimming pools, spas, hot tubs, or interactive
66      water features.
67              h.      The installation of fiberglass swimming pool, spa, or
68      hot tub shells and vinyl swimming pool, spa, or hot tub liners.
69              i.      The application and removal of all interior swimming
70      pool, spa, hot tub, or interactive water feature finishes.
71              j.      The construction, maintenance, or remodel of decorative
72      or interactive water features, displays, or areas that use
73      recirculated water, including fountains, waterfalls, and spray
74      nozzles.
75              k.      The installation of all swimming pool, spa, hot tub, or

                                                      Page 3 of 9

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb453-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 453                                                                                            2025




76       interactive water feature piping, including, but not limited to,
77       drain piping, perimeter piping, and circulation or filter piping
78       used in the construction of swimming pools, spas, hot tubs, or
79       decorative or interactive water feature displays or areas.
80               l.      The construction and installation of retaining walls,
81       concrete flatwork, pavers and bricks, and footings for the
82       construction of a swimming pool, spa, hot tub, or interactive
83       water feature, whether newly constructed or additions to or
84       remodels of an existing swimming pool, spa, hot tub, or
85       interactive water feature The installation, repair, or
86       replacement of existing equipment, any cleaning or equipment
87       sanitizing that requires at least a partial disassembling,
88       excluding filter changes, and the installation of new pool/spa
89       equipment, interior finishes, the installation of package pool
90       heaters, the installation of all perimeter piping and filter
91       piping, and the construction of equipment rooms or housing for
92       pool/spa equipment, and also includes the scope of work of a
93       swimming pool/spa servicing contractor.
94               2.      The scope of such work does not include direct
95       connections to a sanitary sewer system or to potable water
96       lines, the installation or upgrade of dedicated electrical
97       disconnect or electrical circuits, or any work inside a main
98       electrical panel. The installation, construction, modification,
99       or replacement of equipment permanently attached to and
100      associated with the pool or spa for the purpose of water

                                                       Page 4 of 9

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb453-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 453                                                                                            2025




101      treatment or cleaning of the pool or spa requires licensure;
102      however,
103              3.      The usage of swimming pool, spa, hot tub, or
104      interactive water feature such equipment for the purposes of
105      water treatment or cleaning does not require licensure unless
106      the usage involves installation construction, modification, or
107      replacement of such equipment. Water treatment that does not
108      require such equipment; filter media changes; or the cleaning of
109      a swimming pool, spa, hot tub, or interactive water feature, or
110      its associated equipment, which does not affect the structural
111      integrity of the swimming pool, spa, hot tub, or interactive
112      water feature, does not require a license. In addition, a
113      license is not required for the cleaning of the pool or spa in a
114      way that does not affect the structural integrity of the pool or
115      spa or its associated equipment.
116              (k)     "Residential pool/spa contractor" means a contractor
117      whose scope of work is the same as a commercial pool/spa
118      contractor under paragraph (j) but does not include the
119      construction of any new commercial swimming pool, spa, hot tub,
120      or public bathing place involves, but is not limited to, the
121      construction, repair, and servicing of a residential swimming
122      pool, or hot tub or spa, regardless of use. The scope of work
123      includes the installation, repair, or replacement of existing
124      equipment, any cleaning or equipment sanitizing that requires at
125      least a partial disassembling, excluding filter changes, and the

                                                       Page 5 of 9

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb453-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 453                                                                                            2025




126      installation of new pool/spa equipment, interior finishes, the
127      installation of package pool heaters, the installation of all
128      perimeter piping and filter piping, and the construction of
129      equipment rooms or housing for pool/spa equipment, and also
130      includes the scope of work of a swimming pool/spa servicing
131      contractor. The scope of such work does not include direct
132      connections to a sanitary sewer system or to potable water
133      lines. The installation, construction, modification, or
134      replacement of equipment permanently attached to and associated
135      with the pool or spa for the purpose of water treatment or
136      cleaning of the pool or spa requires licensure; however, the
137      usage of such equipment for the purposes of water treatment or
138      cleaning does not require licensure unless the usage involves
139      construction, modification, or replacement of such equipment.
140      Water treatment that does not require such equipment does not
141      require a license. In addition, a license is not required for
142      the cleaning of the pool or spa in a way that does not affect
143      the structural integrity of the pool or spa or its associated
144      equipment.
145              (l)     "Swimming pool/spa servicing contractor" means a
146      contractor whose scope of work includes involves, but is not
147      limited to, all aspects of the repair, renovation, remodeling,
148      or and servicing of a swimming pool, or hot tub, or spa, splash
149      pad or other interactive water feature, decorative water
150      feature, public bathing place, or swimming pool or spa

                                                       Page 6 of 9

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb453-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 453                                                                                            2025




151      appurtenance, whether public or private, or otherwise,
152      regardless of use.
153              1.      The scope of work includes, but is not limited to, the
154      following:
155              a.      The installation, repair, or replacement of all
156      swimming pool, spa, hot tub, or interactive water feature
157      equipment, including, but not limited to, pool pumps; filters;
158      feeders; controllers; and swimming pool, spa, or hot tub
159      heaters, whether electric, gas, or solar.
160              b.      The connection, replacement, disconnection, or
161      reconnection of power wiring on the load side of the dedicated
162      existing electrical circuit disconnect means for swimming pool,
163      spa, hot tub, or interactive water feature equipment.
164              c.      The repair or replacement of equipotential bonding;
165      swimming pool, spa, or hot tub lighting; light transformers;
166      light conduit; and any cleaning or sanitizing equipment that
167      requires at least partial disassembling.
168              d.      The repair of uninhabitable equipment rooms or housing
169      for swimming pool, spa, hot tub, or interactive water feature
170      equipment.
171              e.      The repair or replacement of all perimeter piping and
172      filter piping.
173              f.      The substantial or complete draining of a swimming
174      pool, spa, or hot tub for repair or renovation and the operation
175      of construction pumps for dewatering purposes for drained

                                                       Page 7 of 9

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb453-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 453                                                                                            2025




176      swimming pools, spas, hot tubs, or interactive water features.
177              g.      The removal and reapplication of all interior swimming
178      pool, spa, hot tub, or interactive water feature finishes.
179              h.      The installation, repair, or replacement of all tile
180      and coping for a swimming pool, a spa, a hot tub, or an
181      interactive water feature the repair or replacement of existing
182      equipment, any cleaning or equipment sanitizing that requires at
183      least a partial disassembling, excluding filter changes, and the
184      installation of new pool/spa equipment, interior refinishing,
185      the reinstallation or addition of pool heaters, the repair or
186      replacement of all perimeter piping and filter piping, the
187      repair of equipment rooms or housing for pool/spa equipment, and
188      the substantial or complete draining of a swimming pool, or hot
189      tub or spa, for the purpose of repair or renovation.
190              2.      The scope of the such work does not include direct
191      connections to a sanitary sewer system or to potable water
192      lines, the installation or upgrade of dedicated electrical
193      disconnect or electrical circuits, or any work inside a main
194      electrical panel. The installation, construction, modification,
195      substantial or complete disassembly, or replacement of equipment
196      permanently attached to and associated with the pool or spa for
197      the purpose of water treatment or cleaning of the pool or spa
198      requires licensure; however,
199              3.      The usage of swimming pool, spa, hot tub, or
200      interactive water feature such equipment for the purposes of

                                                       Page 8 of 9

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb453-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 453                                                                                            2025




201      water treatment or cleaning does not require licensure unless
202      the usage involves installation construction, modification,
203      substantial or complete disassembly, or replacement of such
204      equipment. Water treatment that does not require such equipment;
205      filter media changes; or the cleaning of a swimming pool, a spa,
206      a hot tub, or an interactive water feature, or its associated
207      equipment, which does not affect the structural integrity of the
208      swimming pool, spa, hot tub, or interactive water feature does
209      not require a license. In addition, a license is not required
210      for the cleaning of the pool or spa in a way that does not
211      affect the structural integrity of the pool or spa or its
212      associated equipment.
213              Section 2.         This act shall take effect July 1, 2025.




                                                       Page 9 of 9

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb453-01-c1
                                COMMERCE COMMITTEE

                                CS/HB 453 by Rep. Smith
                                 Pool/Spa Contractors

                                AMENDMENT SUMMARY
                                    April 7, 2025

Amendment 1 by Rep. Smith (line 158):
  • Clarifies that pool/spa contractors may install manufactured pool, spa, or hot tub heaters
     that are commercially available.
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 453   (2025)
      Amendment No. 1




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


1     Committee/Subcommittee hearing bill:      Commerce Committee
2     Representative Smith offered the following:
3
4          Amendment
5          Remove line 158 and insert:
6     feeders; controllers; and commercially available swimming pool,
7     spa, or hot tub




    119985 - h0453-line158.docx
    Published On: 4/4/2025 5:37:33 PM
                                  Page 1 of 1
CS/HB 541
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 541                                                       COMPANION BILL: CS/CS/SB 676 (Martin)
TITLE: Minimum Wage Requirements                                        LINKED BILLS: None
SPONSOR(S): Chamberlin                                                  RELATED BILLS: None
Committee References
    Industries & Professional                              Careers & Workforce                                       Commerce
            Activities                                     12 Y, 4 N, As CS                    
            10 Y, 5 N

SUMMARY
Effect of the Bill:
The bill amends the Florida Minimum Wage Act (Act) to allow employees to opt out of receiving the state minimum
wage for work-study, internship, preapprenticeship program, or other similar work-based learning opportunities.

Fiscal or Economic Impact:
The bill does not appear to have a fiscal impact on state or local government. The bill allows certain employees to
opt out of receiving minimum wage. The fiscal impact on such employees is indeterminate.



JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill amends the Act to provide specific exemptions from state minimum wage requirements for certain
employees. The bill provides that employers are not required to pay the state minimum wage to employees in a
structured work-study, internship, preapprenticeship, or other similar work-based learning opportunity, provided
such employees choose to opt out of receiving the state minimum wage. However, such employees must be paid at
or above the federal minimum wage. The bill requires such opt out be voluntary and prohibits an employer from
coercing an employee to opt out or conditioning an offer of employment on the employee opting out. Under the bill,
the written waiver voluntarily signed by the employee must state that the employee acknowledges his or her right
to the state minimum wage pursuant to the State Constitution and that the employee is knowingly and voluntarily
choosing to receive a lesser amount for his or her work-based learning opportunity. The bill specifies that an
employee’s waiver to opt out of the state minimum wage is only valid for 12 months after the date his or her
employment with the employer begins. Thereafter, the bill requires the employee be paid at or above the state
minimum wage regardless of his or her position or job title with the employer. (Section 1)

The effective date of the bill is July 1, 2025. (Section 2)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
Indeterminate. The bill allows certain employees to opt out of receiving minimum wage.


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Fair Labor Standards Act
STORAGE NAME: h0541c.COM
DATE: 4/4/2025
                                                                                                                                             1
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections.1 In 1938, the FLSA established a minimum wage of $.25 an hour. The
current federal minimum wage rate is $7.25 an hour, which went into effect July 24, 2009. The FLSA applies to
employment within any state in the U.S., the District of Columbia, or any territory or possession of the U.S.2

The FLSA covers most private and public sector employees. However, certain employers and employees are
exempt from coverage, including individuals with disabilities, youth workers, tipped workers, and executive,
administrative, and professional workers. The FLSA covers businesses if the business has annual sales of at least
$500,000.3 It also covers certain individual employees if such employee is engaged in interstate commerce.

The FLSA applies to all:4
    Governments: Federal, state, or local government agencies.
    Hospitals: Hospitals, or institutions primarily engaged in the care of the sick, the aged, or the mentally ill or
       disabled who live on the premises. It does not matter if the hospital or institution is public or private or is
       operated for profit or not-for-profit.
    Schools: Pre-schools, elementary or secondary schools or institutions of higher learning (e.g., college), or a
       school for mentally or physically handicapped or gifted children. It does not matter if the school or
       institution is public or private or operated for profit or not-for-profit.

The FLSA includes several exemptions from the federal minimum wage provisions, including:5
    Executive, administrative, and professional employees.
    Employees in certain seasonal amusement or recreational establishments, employees in certain small
       newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and
       employees engaged in newspaper delivery.
    Farm workers employed by certain employers.
    Casual babysitters and persons employed as companions for the elderly or infirm.
    Border patrol agents.6
    Tipped employees, as long as their tips, combined with the employer's cash wage, equal at least the
       federal minimum wage ($7.25). The minimum cash wage for tipped employees is $2.13 per hour, with the
       employer able to claim a tip credit of up to $5.12 per hour.7
    Learners, apprentices, and messengers employed primarily in delivering letters and messages,
       under special certificates issued by the Department of Labor.8

The FLSA provides for the employment of certain individuals at wage rates below the minimum wage including
student-learners (vocational education students), as well as full-time students employed by retail or service
establishments, agriculture, or institutions of higher education. Also included are individuals whose earning or
productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the
work to be performed. Certificates issued by the Department of Labor's Wage and Hour Division are required for
this type of employment.9



1
  29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2
  Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025). (The main FLSA provisions and accompanying
Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws and federal child labor
law.).
3
  The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all business
activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
4
  U.S. Department of Labor, Fair Labor Standards Act Advisor, https://webapps.dol.gov/elaws/whd/flsa/scope/screen10.asp, (last
visited March 7, 2025).
5
  29 U.S.C. § 213. (It also includes separate exemptions from overtime pay.)
6
  See Border Patrol Agent Pay Reform Act of 2014, S.1691, 113 th Cong, (2014).
7 29 U.S.C. § 203(m)(2)(A).
8 29 U.S.C. § 214.
9 U.S. Department of Labor, Subminimum Wage, https://www.dol.gov/general/topic/wages/subminimumwage


JUMP TO                  SUMMARY                        ANALYSIS               RELEVANT INFORMATION                  BILL HISTORY
                                                                                                                                          2
The FLSA exempts certain people who volunteer to perform services for a state or local government agency or who
volunteer for humanitarian purposes for non-profit food banks. There is also a recognized exception for
individuals who volunteer their time, freely and without anticipation of compensation, for religious, charitable,
civic, or humanitarian purposes to non-profit organizations. Unpaid internships for public sector and non-profit
charitable organizations, where the intern volunteers without expectation of compensation, are generally
permissible.10

The FLSA was amended in 2014, concerning border patrol agents, and again in 2018, to exempt minor league
baseball players who are paid at least $290 per week during the 2018 championship season from the federal
minimum wage rate and overtime pay. These two amendments were the only amendments made to the minimum
wage exemptions provisions of the FLSA since Florida passed its minimum wage law in 2005.11

The FLSA provides that if states enact worker protections, including minimum wage rates, that are more protective
of employees than what is provided by the FLSA, the state law applies.12 Consequently, no state law may weaken
the worker protections in the FLSA. However, state laws that impose greater worker protections will supersede
those in the FLSA.13

Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage greater than
the federal minimum wage. Thirteen states provide a minimum wage that is equal to the federal minimum wage.
Five states have not adopted a minimum wage and two states have a minimum wage that is below the federal
minimum wage.14 For those seven states, the federal minimum wage applies, but only to those workers covered by
the FLSA.

Florida law does not indicate or allow for wage exceptions for learners, apprentices, or messengers. Thus, the FLSA
provisions apply.

Florida’s Minimum Wage Contained in Article X, Section 24 of the Florida Constitution
On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum wage provision
(Section 24) that established the state minimum wage.15 Prior to this date, Florida did not have a state minimum
wage so the FLSA applied for covered workers. Section 24 provides the amount of the minimum wage and the
procedure for calculating increases in the minimum wage.16 The amendment also provides that “all working
Floridians are entitled to be paid a minimum wage sufficient to provide a decent and healthy life, that protects their
employers from unfair low wage competition, and that does not force them to rely on taxpayer-funded public
services.”17

On November 3, 2020, Florida voters again approved a constitutional amendment related to the state’s minimum
wage, Amendment 2, to gradually increase the state’s minimum wage to $15 an hour by the year 2026.18 Pursuant
to the passage of Amendment 2, on September 30, 2021, Florida’s minimum wage increased to $10 per hour. Each
year, thereafter, Florida’s minimum wage will increase by $1 until the minimum wage reaches $15 per hour on
September 30, 2026. Beginning in 2027, the minimum wage will be adjusted annually for inflation, as it had been
done from 2004 to 2021.

10 U.S. Department of Labor, Wage and Hour Division, Fact Sheet #71: Internship Programs Under the Fair Labor Standards

Act, https://www.dol.gov/agencies/whd/fact-sheets/71-flsa-internships
11
   s. 448.110, F.S., expressly references ss. 213 and 214 of the FLSA, which address minimum wage exemptions and employment
under special certificates, respectively. However, s. 214 has not been amended since 1989. (See Pub. L. 101–157, § 4(d), Nov. 17,
1989, 103 Stat. 941).
12
   29 U.S.C. §218.
13
   Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 8,
2023, https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025).
14
   U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited
March 7, 2025).
15
   Art. X, s. 24, Fla. Const.
16
   Art. X, s. 24(c), Fla. Const.
17
   Art. X, s. 24(a), Fla. Const.
18
   U.S. Department of State, Notice of Increase to State of Florida’s Minimum Wage, https://www.state.gov/wp-
content/uploads/2021/01/2021-01-29-Notice-FL-Minimum-Wage-Increase.pdf (last visited March 7, 2025).
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                    3
Section 24 specifies that “employers shall pay Employees Wages no less than the Minimum Wage for all hours
worked in Florida.”19 Section 24 authorizes persons aggrieved by violations the following remedies:20
     A civil action.
     Recovery of the full amount of back wages unlawfully withheld plus the same amount as liquidated
        damages.
     Reasonable attorney’s fees and costs.
     Legal or equitable relief, including, reinstatement in employment and/or injunctive relief.

Section 24 provides that any employer or other person found liable for willful violations is subject to a $1,000 fine
per violation, and the attorney general or other official designated by the state legislature may also bring a civil
action.

Section 24 provides that “implementing legislation is not required in order to enforce this amendment. The state
legislature may by statute establish additional remedies or fines for violations of this amendment, raise the
applicable Minimum Wage rate, reduce the tip credit, or extend coverage of the Minimum Wage to employers or
employees not covered by this amendment.”21

Employees
Section 24 references the FLSA and specifically ties the meaning22 of “employer,” “employee,” and “wage,” to the
meanings established under the FLSA and its implementing regulations.23 It also indicates that case law,
administrative interpretations, and other guiding standards developed under the federal FLSA must guide the
construction of Florida’s Constitution related to Section 24 and any implementing statutes or regulations.24

The FLSA defines:25
    “Employer” as “any person acting directly or indirectly in the interest of an employer in relation to an
       employee and includes a public agency, but does not include any labor organization (other than when
       acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.”
    “Employee” as “any individual employed by an employer.”

The FLSA requires “for-profit” employers to pay employees for their work. Interns and students, however, may
not be “employees” under the FLSA—in which case the FLSA does not require compensation for their work.
Courts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee
under the FLSA.26 This determination is made on a case-by-case basis.

This test allows courts to examine the “economic reality” of the intern-employer relationship to determine which
party is the “primary beneficiary” of the relationship. Courts27 have identified the following seven factors as part of
the test:



19 Art. X, s. 24(c), Fla. Const.
20 Art. X, s. 24(e), Fla. Const.
21 Art. X, s. 24(f), Fla. Const.
22
   In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880 So. 2d 636, 641–42 (Fla. 2004). (“The proposed
amendment does not state that it is adopting the FLSA's definition of the term “employee,” but provides that it is adopting the meaning
of the term “employee,” which is a much broader concept.”)
23
   Art. X, s. 24(b), Fla. Const.
24
   Art. X, s. 24(f), Fla. Const.
25 29 U.S.C. §203.
26 E.g., Benjamin v. B & H Educ., Inc., --- F.3d ---, 2017 WL 6460087, at *4-5 (9th Cir. Dec. 19, 2017); Glatt v. Fox Searchlight

Pictures, Inc., 811 F.3d 528, 536-37 (2d Cir. 2016); Schumann v. Collier Anesthesia, P.A., 803 F.3d 1199, 1211-12 (11th Cir.
2015); see also Walling v. Portland Terminal Co., 330 U.S. 148, 152-53 (1947); Solis v. Laurelbrook Sanitarium & Sch., Inc., 642
F.3d 518, 529 (6th Cir. 2011).
27 Schumann v. Collier Anesthesia, PA, 803 F.3d 1199 (11th Cir. 2015) (Adopting a modified version of the "primary

beneficiary" test, which examines the "economic reality" of the relationship between the intern and employer to determine
who benefits most.)
JUMP TO                     SUMMARY                    ANALYSIS               RELEVANT INFORMATION                 BILL HISTORY
                                                                                                                                      4
        The extent to which the intern and the employer clearly understand that there is no expectation of
         compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—
         and vice versa.
        The extent to which the internship provides training that would be similar to that which would be given in
         an educational environment, including the clinical and other hands-on training provided by educational
         institutions.
        The extent to which the internship is tied to the intern’s formal education program by integrated
         coursework or the receipt of academic credit.
        The extent to which the internship accommodates the intern’s academic commitments by corresponding to
         the academic calendar.
        The extent to which the internship’s duration is limited to the period in which the internship provides the
         intern with beneficial learning.
        The extent to which the intern’s work complements, rather than displaces, the work of paid employees
         while providing significant educational benefits to the intern.
        The extent to which the intern and the employer understand that the internship is conducted without
         entitlement to a paid job at the conclusion of the internship.

Courts have described the “primary beneficiary test” as a flexible test, and no single factor is determinative.
Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique
circumstances of each case.

If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is
entitled to both minimum wage and overtime pay under the FLSA. On the other hand, if the analysis confirms that
the intern or student is not an employee, then he or she is not entitled to either minimum wage or overtime pay
under the FLSA.

Florida Minimum Wage Act
The Act implements the minimum wage provisions in the Florida Constitution.28 The Act designates the
Department of Commerce (DC) as the state agency that implements the minimum wage requirements, establishes
procedures with respect to civil actions alleging violations, and provides that it is the exclusive remedy under state
law for violations of Section 24.29

The Act provides that, effective May 2, 2005, employers are required to pay employees a minimum wage at an
hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive the federal minimum
wage under the FLSA and its implementing regulations are eligible to receive the state minimum wage pursuant to
the Florida Constitution and this statute. The provisions of ss. 213 and 214 of the federal FLSA, as interpreted by
applicable federal regulations and implemented by the Secretary of Labor, are incorporated by reference.30

The Act requires DEO to calculate an adjusted state minimum wage rate and requires the Department of Revenue
(DOR) and DEO to annually publish the amount of the adjusted state minimum wage and the effective date on their
websites. The Act authorizes persons to file a complaint or inform any person of his or her potential rights
pursuant to Section 24 regarding unpaid wages.31 The Act also authorizes the Attorney General (AG) to bring a civil
action to enforce these provisions. The AG may seek injunctive relief, and for willful violations, may seek to impose
a fine of $1,000 per violation, payable to the state.32

As it relates to the federal minimum wage and the FLSA, the Act specifies that:33
     Only those individuals entitled to receive the federal minimum wage under the FSLA, and its
         implementing regulations, are eligible to receive the state minimum wage; and

28
   Ch. 2005-353, Laws of Fla., codified in s. 448.110, F.S.
29
   S. 448.110(10), F.S. HB 5 (2023) renames the Department of Economic Opportunity as the Department of Commerce; SB 82
(2024), section 220, makes this conforming change in the Florida Minimum Wage Act.
30
   S. 448.110(3), F.S.
31
   S. 448.110(6), F.S.
32
   S. 448.110(7), F.S.
33
   S. 448.110(3), F.S.
JUMP TO                SUMMARY                     ANALYSIS              RELEVANT INFORMATION              BILL HISTORY
                                                                                                                          5
       Provisions related to federal minimum wage exemptions in the FLSA are considered incorporated
        in the Act.



RECENT LEGISLATION:

  YEAR             BILL #             HOUSE SPONSOR(S)                   SENATE SPONSOR                    OTHER INFORMATION

  2024        CS/CS/HB 433                    Esposito                         Trumbull               Became law on July 1, 2024
                                                                                                      and implementation began on
                                                                                                      September 30, 2026.


                                                         BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                  ACTION                    DATE              POLICY CHIEF           PREPARED BY
Industries & Professional Activities                 10 Y, 5 N               3/12/2025              Anstead               Thompson
Subcommittee
Careers & Workforce                              12 Y, 4 N, As CS            3/25/2025                Kiner                   Kiner
Subcommittee
THE CHANGES ADOPTED BY THE                         Clarified the employee’s decision to opt-out must be voluntary and that
COMMITTEE:                                          an employer may not coerce an employee to opt-out or condition an
                                                    offer of employment on the employee’s decision to opt-out.
                                                   Clarified the opt-out provision applies to the state minimum wage only
                                                    and that an employer must pay an employee at or above the federal
                                                    minimum wage.
                                                   Included a provision requiring parental consent for an employee
                                                    younger than 18 years of age to opt-out of the state minimum wage.
                                                   Included a provision limiting an employee’s opt-out to the first 12
                                                    months after the date his or her employment begins.
                                                   Included a severability clause.
Commerce Committee                                                                           Hamon            Thompson


    -------------------------------------------------------------------------------------------------------------------------------------
  THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
    -------------------------------------------------------------------------------------------------------------------------------------




JUMP TO                  SUMMARY                        ANALYSIS                RELEVANT INFORMATION                   BILL HISTORY
                                                                                                                                            6
F   L      O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 541                                                                                            2025




    1                                         A bill to be entitled
    2              An act relating to minimum wage requirements; amending
    3              s. 448.110, F.S.; providing that an employer is not
    4              subject to state minimum wage requirements for
    5              specified employees; authorizing employees to
    6              voluntarily opt out of the state minimum wage
    7              requirements by signing a waiver; prohibiting an
    8              employer from taking certain actions; requiring a
    9              parent or guardian to sign the waiver on the
10                 employee's behalf if the employee is a minor;
11                 requiring employers to pay an employee at or above the
12                 federal minimum wage; providing that an employee's
13                 waiver to opt out of the state minimum wage is only
14                 valid for a specified timeframe; providing
15                 severability; providing an effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                 Section 1.         Subsection (3) of section 448.110, Florida
20         Statutes, is amended to read:
21                 448.110       State minimum wage; annual wage adjustment;
22         enforcement.—
23                 (3)(a)       Employers shall pay employees a minimum wage at an
24         hourly rate of $6.15 for all hours worked in Florida. Only those
25         individuals entitled to receive the federal minimum wage under

                                                         Page 1 of 3

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb541-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 541                                                                                            2025




26      the federal Fair Labor Standards Act, as amended, and its
27      implementing regulations shall be eligible to receive the state
28      minimum wage pursuant to s. 24, Art. X of the State Constitution
29      and this section. The provisions of ss. 213 and 214 of the
30      federal Fair Labor Standards Act, as interpreted by applicable
31      federal regulations and implemented by the Secretary of Labor,
32      are incorporated herein.
33              (b)     An employer is not subject to the state minimum wage
34      requirements of this section for an employee who is in a
35      structured work-study, internship, preapprenticeship, or other
36      similar work-based learning opportunity and who opts out of
37      receiving the minimum wage.
38              (c)     An employee may opt out of receiving the state minimum
39      wage by voluntarily signing a waiver of his or her right to the
40      state minimum wage established under this subsection. The waiver
41      must state that the employee acknowledges his or her right to
42      the state minimum wage pursuant to s. 24, Art. X of the State
43      Constitution and this section and that the employee is knowingly
44      and voluntarily choosing to receive a lesser amount for his or
45      her work-based learning opportunity as described in paragraph
46      (b). An employer may not coerce an employee to opt out or
47      condition an offer of employment on the employee's opting out.
48      If the employee is younger than 18 years of age, the employee's
49      parent or guardian must sign the waiver on behalf of the
50      employee.

                                                      Page 2 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb541-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 541                                                                                            2025




51              (d)     Except as provided in paragraphs (b) and (c), an
52      employer must pay an employee a wage at or above the federal
53      minimum wage.
54              (e)     An employee's waiver to opt out of the state minimum
55      wage under this subsection is only valid for 12 months after the
56      date his or her employment with the employer begins. Thereafter,
57      the employee must be paid at or above the state minimum wage
58      regardless of his or her position or job title with the
59      employer.
60              (f)     If any provision of this subsection or its application
61      to any person or circumstance is held invalid, that provision or
62      its application is severable and does not affect the validity of
63      the other provisions or applications of this subsection.
64              Section 2.         This act shall take effect July 1, 2025.




                                                      Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb541-01-c1
                                COMMERCE COMMITTEE

                             CS/HB 541 by Rep. Chamberlin
                             Minimum Wage Requirements

                                AMENDMENT SUMMARY
                                    April 7, 2025

Amendment 1 by Rep. Chamberlin (lines 37-50):
  • Prohibits the work-based learning opportunities in the bill from lasting more than 9
     months or two semesters.
  • Limits the length of the waiver of the right to the state minimum wage to only 9 months
     from the date of employment.
  • Removes from the bill the prohibition of employers from conditioning a job offer on the
     employee opting out of the state minimum wage.
  • Clarifies the parental signature requirement for waivers for minors.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 541   (2025)
       Amendment No. 1




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


1      Committee/Subcommittee hearing bill:       Commerce Committee
2      Representative Chamberlin offered the following:
3
4           Amendment (with title amendment)
5           Remove lines 37-55 and insert:
6      receiving the minimum wage. However, such work-based learning
7      opportunity may not last more than 9 months or 2 full-time
8      semesters consisting of at least 15 credit hours each.
9           (c)    An employee may opt out of receiving the state minimum
10     wage by voluntarily signing a waiver of his or her right to the
11     state minimum wage established under this subsection. The waiver
12     must state that the employee acknowledges his or her right to
13     the state minimum wage pursuant to s. 24, Art. X of the State
14     Constitution and this section and that the employee is knowingly
15     and voluntarily choosing to receive a lesser amount for his or
16     her work-based learning opportunity as described in paragraph
     070227 - h0541-lines 37-55.docx
     Published On: 4/4/2025 5:19:14 PM
                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 541   (2025)
       Amendment No. 1


17     (b). An employer may not coerce an employee to opt out of
18     receiving the state minimum wage. If the employee is younger
19     than 18 years of age, in order for the waiver to be effective,
20     the employee's parent or guardian must have agreed and signed
21     the waiver on behalf of the employee at the minor employee’s
22     request.
23          (d)   Except as provided in paragraphs (b) and (c), an
24     employer must pay an employee a wage at or above the federal
25     minimum wage.
26          (e)   An employee's waiver to opt out of the state minimum
27     wage under this subsection is only valid for 9 months after the
28
29           -----------------------------------------------------
30                        T I T L E    A M E N D M E N T
31          Remove lines 5-10 and insert:
32          specified employees; specifying certain timeframes;
33          authorizing employees to voluntarily opt out of the
34          state minimum wage requirements by signing a waiver;
35          prohibiting an employer from coercing an employee from
36          opting out of the state minimum wage; authorizing a
37          parent or guardian to agree and sign the waiver at the
38          minor employee’s request;




     070227 - h0541-lines 37-55.docx
     Published On: 4/4/2025 5:19:14 PM
                                   Page 2 of 2
HB 703
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 703                                                          COMPANION BILL: CS/SB 818 (McClain)
TITLE: Utility Relocation                                               LINKED BILLS: None
SPONSOR(S): Robinson, W.                                                RELATED BILLS: None
Committee References
               Economic Infrastructure                                                                   Commerce
                       18 Y, 0 N                                       

SUMMARY
Effect of the Bill:
The bill modifies the process under which utility owners must relocate facilities located in a public right-of-way by:
    Requiring utility owners, within 30 days after written notice from a public right-of-way authority, to submit
        a “reasonable” schedule for relocation of their facilities located within the right-of-way;
    Extending the time allowed for utility owners to begin relocation work from 30 days to 60 days; and
    For relocation of utilities used to provide broadband Internet, cable, and video service, shifting cost
        responsibility from the utility owner to the right-of-way authority that requires such relocation.

Fiscal or Economic Impact:
The bill will have an indeterminate but likely significant negative impact on state and local government
expenditures.


JUMP TO                  SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill modifies the process under which utilities located within the right-of-way (ROW) limits of any public road
or publicly owned rail corridor must be relocated upon request of the government entity that has jurisdiction and
control over the road or rail corridor. These government entities, referred to as “authorities,” include the
Department of Transportation and local governments.

Specifically, the bill requires a utility owner, within 30 days after written notice from an authority that the utility is
interfering with the use, maintenance, improvement, extension, or expansion of a public road or rail corridor, to
provide the authority with a reasonable relocation schedule to expedite completion of the authority’s construction
of maintenance project. The bill extends the time allowed for a utility owner to initiate work to alleviate the
interference from 30 days after written notice to 60 days after written notice from the authority.

The bill also creates an exception to the general requirement that the utility owner is responsible for the expense
of relocating its utilities. If an authority requires a provider of broadband Internet1, cable, or video service2 to
relocate a utility used to provide such service, the bill provides that the utility owner must perform the necessary
work but that the authority must pay the entire expense attributable to the work. (Section 1)

The bill amends a cross-reference to conform to these changes. (Section 2)


1 The bill provides that “broadband Internet service” has the same meaning as provided in s. 288.9961(2), F.S., which defines

the term as “a service that offers a connection to the Internet with a capacity for transmission at a consistent speed of at least
25 megabits per second downstream and 3 megabits per second upstream.”
2 The bill provides that “cable service provider” and “video service provider” have the same meaning as provided in s, 610.103,

F.S.
STORAGE NAME: h0703b.COM
DATE: 4/4/2025
                                                                                                                                             1
The effective date of the bill is July 1, 2025. (Section 3)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an indeterminate but likely significant negative impact on state government expenditures
associated with transportation projects due to the transfer of cost responsibility for relocation of broadband
Internet, cable, and video service facilities located within the right-of-way limits of roads and rail corridors under
the jurisdiction and control of the Department of Transportation.3

LOCAL GOVERNMENT:
The bill will have an indeterminate but likely significant negative impact on local government expenditures
associated with transportation projects due to the transfer of cost responsibility for relocation of broadband
Internet, cable, and video service facilities located within the right-of-way limits of roads and rail corridors under
the jurisdiction and control of local government entities.

PRIVATE SECTOR:
The bill will eliminate facility relocation costs for providers of broadband Internet, cable, and video service when
such facilities are located within the right-of-way limits of roads and rail corridors under the jurisdiction and
control of the Department of Transportation or a local government entity.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Utility Use of the Public Right-of-Way

The Department of Transportation (DOT) and each local government that has jurisdiction and control of public
roads or publicly owned rail corridors is authorized to prescribe and enforce reasonable rules or regulations
related to placing and maintaining utility facilities across, on, or within the right-of-way (ROW) limits of any road
or publicly owned rail corridors under its jurisdiction. Each of these types of government entities is individually
referred to as an “authority” when acting in this capacity.4

Each ROW authority may authorize any person who is a resident of this state, or any corporation organized under
the laws of this state or licensed to do business within this state, to use a public ROW for a utility in accordance
with the authority’s rules or regulations. For purposes of obtaining such use, a “utility” includes:
     Electric transmission lines
     Voice, telegraph, data, or other communications services lines
     Wireless facilities
     Poles and pole lines
     Railways
     Ditches
     Sewers
     Water, heat, or gas mains
     Pipelines
     Fences
     Gasoline tanks and pumps
     Any other structures referred to in ss. 337.401–337.404, F.S.5




3 An agency analysis of this bill was requested from the Department of Transportation on March 4, 2025, and as of the date of

publication has not been received.
4 S. 337.401(1), F.S.
5 Id.


JUMP TO                SUMMARY                     ANALYSIS              RELEVANT INFORMATION              BILL HISTORY
                                                                                                                                2
A utility may not be installed, located, or relocated within a public ROW unless authorized by a written permit.
However, for public roads or publicly owned rail corridors under DOT’s jurisdiction, a utility relocation schedule
and relocation agreement may be executed in lieu of a written permit.6

If a public ROW authority finds that a utility placed within the ROW limits of a public road or publicly owned rail
corridor is unreasonably interfering in any way with the use, maintenance, improvement, extension, or expansion
of the road or rail corridor, it must notify the utility or its agent in writing. Within 30 days of such notice, the utility
owner must initiate the work necessary to alleviate the interference at its own expense.7 The work must be
completed within a reasonable time as stated in the notice or a time agreed to by the authority and utility owner.8

Additional Relevant Information

Art. VII, s. 18(a), of the Florida Constitution states that a county or municipality is not bound by a general law that
requires the county or municipality to spend funds or to take an action requiring the expenditure of funds unless
the legislature has determined that such law fulfills an important state interest and:
     Funds are appropriated to cover the estimated expenditure;
     The legislature provides authority for the county or municipality, by a simply majority vote, to enact a
         funding source not available for such county or municipality on February 1, 1989, that can be used to
         generate funds to cover the estimated expenditure;
     The law requiring the expenditure is approved by two-thirds of the membership in each house of the
         legislature;
     The expenditure is required to comply with a law that applies to all persons similarly situated, including
         the state and local governments; or
     The law is required to comply with a federal requirement or required for eligibility for a federal
         entitlement, which federal requirement specifically contemplates actions by counties or municipalities for
         compliance.


                                                       BILL HISTORY
                                                                                               STAFF
                                                                                             DIRECTOR/             ANALYSIS
COMMITTEE REFERENCE                               ACTION                   DATE             POLICY CHIEF         PREPARED BY
Economic Infrastructure                           18 Y, 0 N              3/12/2025             Keating              Bauldree
Subcommittee
Commerce Committee                                                                              Hamon                Bauldree




6 S. 337.401(2), F.S.
7 S. 337.401(1), F.S. This law provides a list of specific scenarios in which responsibility for relocation expenses is modified.
8 Id.


JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION                 BILL HISTORY
                                                                                                                                    3
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           HB 703                                                                                               2025




    1                                         A bill to be entitled
    2               An act relating to utility relocation; amending s.
    3               337.403, F.S.; requiring utility owners to provide a
    4               certain authority with utility relocation schedules
    5               within a certain timeframe to expedite work; revising
    6               the timeframe within which a utility owner must
    7               initiate work; requiring a service provider to perform
    8               work under specific circumstances; requiring the
    9               authority to pay relocation expenses in certain
10                  instances; amending s. 125.42, F.S.; conforming a
11                  cross-reference; providing an effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                  Section 1.        Subsection (1) of section 337.403, Florida
16         Statutes, is amended to read:
17                  337.403      Interference caused by utility; expenses.—
18                  (1)     If a utility that is placed upon, under, over, or
19         within the right-of-way limits of any public road or publicly
20         owned rail corridor is found by the authority to be unreasonably
21         interfering in any way with the convenient, safe, or continuous
22         use, or the maintenance, improvement, extension, or expansion,
23         of such public road or publicly owned rail corridor, the utility
24         owner shall, within 30 days after upon 30 days' written notice
25         to the utility or its agent by the authority, provide the

                                                         Page 1 of 7

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb703-00
F   L   O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        HB 703                                                                                               2025




26      authority a reasonable utility relocation schedule to expedite
27      the completion of the authority's construction or maintenance
28      project identified in the notice, and, within 60 days after the
29      written notice from the authority, initiate the work necessary
30      to alleviate the interference at its own expense except as
31      provided in paragraphs (a)-(k) (a)-(j). The work must be
32      completed within such reasonable time as stated in the notice or
33      such time as agreed to by the authority and the utility owner.
34               (a)     If the relocation of utility facilities, as referred
35      to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
36      84-627, is necessitated by the construction of a project on the
37      federal-aid interstate system, including extensions thereof
38      within urban areas, and the cost of the project is eligible and
39      approved for reimbursement by the Federal Government to the
40      extent of 90 percent or more under the Federal-Aid Highway Act,
41      or any amendment thereof, then in that event the utility owning
42      or operating such facilities shall perform any necessary work
43      upon notice from the department, and the state shall pay the
44      entire expense properly attributable to such work after
45      deducting therefrom any increase in the value of a new facility
46      and any salvage value derived from an old facility.
47               (b)     When a joint agreement between the department and the
48      utility is executed for utility work to be accomplished as part
49      of a contract for construction of a transportation facility, the
50      department may participate in those utility work costs that

                                                      Page 2 of 7

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb703-00
F   L   O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        HB 703                                                                                               2025




51      exceed the department's official estimate of the cost of the
52      work by more than 10 percent. The amount of such participation
53      is limited to the difference between the official estimate of
54      all the work in the joint agreement plus 10 percent and the
55      amount awarded for this work in the construction contract for
56      such work. The department may not participate in any utility
57      work costs that occur as a result of changes or additions during
58      the course of the contract.
59               (c)     When an agreement between the department and utility
60      is executed for utility work to be accomplished in advance of a
61      contract for construction of a transportation facility, the
62      department may participate in the cost of clearing and grubbing
63      necessary to perform such work.
64               (d)     If the utility facility was initially installed to
65      exclusively serve the authority or its tenants, or both, the
66      authority shall bear the costs of the utility work. However, the
67      authority is not responsible for the cost of utility work
68      related to any subsequent additions to that facility for the
69      purpose of serving others. For a county or municipality, if such
70      utility facility was installed in the right-of-way as a means to
71      serve a county or municipal facility on a parcel of property
72      adjacent to the right-of-way and if the intended use of the
73      county or municipal facility is for a use other than
74      transportation purposes, the obligation of the county or
75      municipality to bear the costs of the utility work shall extend

                                                      Page 3 of 7

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb703-00
F   L    O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         HB 703                                                                                               2025




76       only to utility work on the parcel of property on which the
77       facility of the county or municipality originally served by the
78       utility facility is located.
79                (e)      If, under an agreement between a utility and the
80       authority entered into after July 1, 2009, the utility conveys,
81       subordinates, or relinquishes a compensable property right to
82       the authority for the purpose of accommodating the acquisition
83       or use of the right-of-way by the authority, without the
84       agreement expressly addressing future responsibility for the
85       cost of necessary utility work, the authority shall bear the
86       cost of removal or relocation. This paragraph does not impair or
87       restrict, and may not be used to interpret, the terms of any
88       such agreement entered into before July 1, 2009.
89                (f)      If the utility is an electric facility being relocated
90       underground in order to enhance vehicular, bicycle, and
91       pedestrian safety and in which ownership of the electric
92       facility to be placed underground has been transferred from a
93       private to a public utility within the past 5 years, the
94       department shall incur all costs of the necessary utility work.
95                (g)      An authority may bear the costs of utility work
96       required to eliminate an unreasonable interference when the
97       utility is not able to establish that it has a compensable
98       property right in the particular property where the utility is
99       located if:
100               1.      The utility was physically located on the particular

                                                       Page 4 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb703-00
F   L    O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         HB 703                                                                                               2025




101      property before the authority acquired rights in the property;
102               2.      The utility demonstrates that it has a compensable
103      property right in adjacent properties along the alignment of the
104      utility or, after due diligence, certifies that the utility does
105      not have evidence to prove or disprove that it has a compensable
106      property right in the particular property where the utility is
107      located; and
108               3.      The information available to the authority does not
109      establish the relative priorities of the authority's and the
110      utility's interests in the particular property.
111               (h)      If a municipally owned utility or county-owned utility
112      is located in a rural area of opportunity, as defined in s.
113      288.0656(2), and the department determines that the utility is
114      unable, and will not be able within the next 10 years, to pay
115      for the cost of utility work necessitated by a department
116      project on the State Highway System, the department may pay, in
117      whole or in part, the cost of such utility work performed by the
118      department or its contractor.
119               (i)      If the relocation of utility facilities is
120      necessitated by the construction of a commuter rail service
121      project or an intercity passenger rail service project and the
122      cost of the project is eligible and approved for reimbursement
123      by the Federal Government, then in that event the utility owning
124      or operating such facilities located by permit on a department-
125      owned rail corridor shall perform any necessary utility

                                                       Page 5 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb703-00
F   L    O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         HB 703                                                                                               2025




126      relocation work upon notice from the department, and the
127      department shall pay the expense properly attributable to such
128      utility relocation work in the same proportion as federal funds
129      are expended on the commuter rail service project or an
130      intercity passenger rail service project after deducting
131      therefrom any increase in the value of a new facility and any
132      salvage value derived from an old facility. In no event shall
133      the state be required to use state dollars for such utility
134      relocation work. This paragraph does not apply to any phase of
135      the Central Florida Commuter Rail project, known as SunRail.
136               (j)     If a utility is lawfully located within an existing
137      and valid utility easement granted by recorded plat, regardless
138      of whether such land was subsequently acquired by the authority
139      by dedication, transfer of fee, or otherwise, the authority must
140      bear the cost of the utility work required to eliminate an
141      unreasonable interference. The authority shall pay the entire
142      expense properly attributable to such work after deducting any
143      increase in the value of a new facility and any salvage value
144      derived from an old facility.
145               (k)     If the authority requires a provider of broadband
146      Internet service as defined in s. 288.9961(2), or a cable
147      service provider or video service provider as defined in s.
148      610.103, to relocate a facility used to provide such service,
149      the service provider owning or operating such facility shall
150      perform any necessary work upon notice from the authority, and

                                                       Page 6 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb703-00
F   L    O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         HB 703                                                                                               2025




151      the authority requiring such relocation shall pay the entire
152      expense properly attributable to such work.
153               Section 2.        Subsection (5) of section 125.42, Florida
154      Statutes, is amended to read:
155               125.42      Water, sewage, gas, power, telephone, other
156      utility, and television lines within the right-of-way limits of
157      county roads and highways.—
158               (5)     In the event of widening, repair, or reconstruction of
159      any such road, the licensee shall move or remove such water,
160      sewage, gas, power, telephone, and other utility lines and
161      television lines at no cost to the county should they be found
162      by the county to be unreasonably interfering, except as provided
163      in s. 337.403(1)(d)-(k) s. 337.403(1)(d)-(j).
164               Section 3.        This act shall take effect July 1, 2025.




                                                       Page 7 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb703-00
                                  COMMERCE COMMITTEE

                                HB 703 by Rep. Robinson, W.
                                     Utility Relocation

                                  AMENDMENT SUMMARY
                                      April 7, 2025

Amendment 1 by Rep. Robinson, W. (strike-all):
  • Expands application of the bill’s cost responsibility provisions to all providers of
     communications services subject to the communications services tax.
  • Applies existing provisions of the bill relating to the initiation of relocation work only to
     providers of communications services.
  • Provides a legislative finding of an important state interest.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 703   (2025)
       Amendment No. 1




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


1      Committee/Subcommittee hearing bill:       Commerce Committee
2      Representative Robinson, W. offered the following:
3
4           Amendment (with title amendment)
5           Remove everything after the enacting clause and insert:
6           Section 1.    Subsection (1) of section 337.403, Florida
7      Statutes, is amended to read:
8           337.403    Interference caused by utility; expenses.—
9           (1)    If a utility that is placed upon, under, over, or
10     within the right-of-way limits of any public road or publicly
11     owned rail corridor is found by the authority to be unreasonably
12     interfering in any way with the convenient, safe, or continuous
13     use, or the maintenance, improvement, extension, or expansion,
14     of such public road or publicly owned rail corridor, the utility
15     owner shall, within 30 days after upon 30 days' written notice
16     to the utility or its agent by the authority, initiate the work
     665999 - h0703-strike.docx
     Published On: 4/4/2025 4:40:08 PM
                                    Page 1 of 8
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 703    (2025)
       Amendment No. 1


17     necessary to alleviate the interference at its own expense
18     except as provided in paragraphs (a)-(k) (a)-(j). The work must
19     be completed within such reasonable time as stated in the notice
20     or such time as agreed to by the authority and the utility
21     owner.
22          (a)   If the relocation of utility facilities, as referred
23     to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
24     84-627, is necessitated by the construction of a project on the
25     federal-aid interstate system, including extensions thereof
26     within urban areas, and the cost of the project is eligible and
27     approved for reimbursement by the Federal Government to the
28     extent of 90 percent or more under the Federal-Aid Highway Act,
29     or any amendment thereof, then in that event the utility owning
30     or operating such facilities shall perform any necessary work
31     upon notice from the department, and the state shall pay the
32     entire expense properly attributable to such work after
33     deducting therefrom any increase in the value of a new facility
34     and any salvage value derived from an old facility.
35          (b)   When a joint agreement between the department and the
36     utility is executed for utility work to be accomplished as part
37     of a contract for construction of a transportation facility, the
38     department may participate in those utility work costs that
39     exceed the department's official estimate of the cost of the
40     work by more than 10 percent. The amount of such participation
41     is limited to the difference between the official estimate of
     665999 - h0703-strike.docx
     Published On: 4/4/2025 4:40:08 PM
                                   Page 2 of 8
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 703   (2025)
       Amendment No. 1


42     all the work in the joint agreement plus 10 percent and the
43     amount awarded for this work in the construction contract for
44     such work. The department may not participate in any utility
45     work costs that occur as a result of changes or additions during
46     the course of the contract.
47          (c)   When an agreement between the department and utility
48     is executed for utility work to be accomplished in advance of a
49     contract for construction of a transportation facility, the
50     department may participate in the cost of clearing and grubbing
51     necessary to perform such work.
52          (d)   If the utility facility was initially installed to
53     exclusively serve the authority or its tenants, or both, the
54     authority shall bear the costs of the utility work. However, the
55     authority is not responsible for the cost of utility work
56     related to any subsequent additions to that facility for the
57     purpose of serving others. For a county or municipality, if such
58     utility facility was installed in the right-of-way as a means to
59     serve a county or municipal facility on a parcel of property
60     adjacent to the right-of-way and if the intended use of the
61     county or municipal facility is for a use other than
62     transportation purposes, the obligation of the county or
63     municipality to bear the costs of the utility work shall extend
64     only to utility work on the parcel of property on which the
65     facility of the county or municipality originally served by the
66     utility facility is located.
     665999 - h0703-strike.docx
     Published On: 4/4/2025 4:40:08 PM
                                     Page 3 of 8
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 703     (2025)
       Amendment No. 1


67          (e)    If, under an agreement between a utility and the
68     authority entered into after July 1, 2009, the utility conveys,
69     subordinates, or relinquishes a compensable property right to
70     the authority for the purpose of accommodating the acquisition
71     or use of the right-of-way by the authority, without the
72     agreement expressly addressing future responsibility for the
73     cost of necessary utility work, the authority shall bear the
74     cost of removal or relocation. This paragraph does not impair or
75     restrict, and may not be used to interpret, the terms of any
76     such agreement entered into before July 1, 2009.
77          (f)    If the utility is an electric facility being relocated
78     underground in order to enhance vehicular, bicycle, and
79     pedestrian safety and in which ownership of the electric
80     facility to be placed underground has been transferred from a
81     private to a public utility within the past 5 years, the
82     department shall incur all costs of the necessary utility work.
83          (g)    An authority may bear the costs of utility work
84     required to eliminate an unreasonable interference when the
85     utility is not able to establish that it has a compensable
86     property right in the particular property where the utility is
87     located if:
88          1.    The utility was physically located on the particular
89     property before the authority acquired rights in the property;
90          2.    The utility demonstrates that it has a compensable
91     property right in adjacent properties along the alignment of the
     665999 - h0703-strike.docx
     Published On: 4/4/2025 4:40:08 PM
                                    Page 4 of 8
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 703   (2025)
        Amendment No. 1


92      utility or, after due diligence, certifies that the utility does
93      not have evidence to prove or disprove that it has a compensable
94      property right in the particular property where the utility is
95      located; and
96           3.    The information available to the authority does not
97      establish the relative priorities of the authority's and the
98      utility's interests in the particular property.
99           (h)    If a municipally owned utility or county-owned utility
100     is located in a rural area of opportunity, as defined in s.
101     288.0656(2), and the department determines that the utility is
102     unable, and will not be able within the next 10 years, to pay
103     for the cost of utility work necessitated by a department
104     project on the State Highway System, the department may pay, in
105     whole or in part, the cost of such utility work performed by the
106     department or its contractor.
107          (i)    If the relocation of utility facilities is
108     necessitated by the construction of a commuter rail service
109     project or an intercity passenger rail service project and the
110     cost of the project is eligible and approved for reimbursement
111     by the Federal Government, then in that event the utility owning
112     or operating such facilities located by permit on a department-
113     owned rail corridor shall perform any necessary utility
114     relocation work upon notice from the department, and the
115     department shall pay the expense properly attributable to such
116     utility relocation work in the same proportion as federal funds
      665999 - h0703-strike.docx
      Published On: 4/4/2025 4:40:08 PM
                                     Page 5 of 8
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 703    (2025)
        Amendment No. 1


117     are expended on the commuter rail service project or an
118     intercity passenger rail service project after deducting
119     therefrom any increase in the value of a new facility and any
120     salvage value derived from an old facility. In no event shall
121     the state be required to use state dollars for such utility
122     relocation work. This paragraph does not apply to any phase of
123     the Central Florida Commuter Rail project, known as SunRail.
124          (j)   If a utility is lawfully located within an existing
125     and valid utility easement granted by recorded plat, regardless
126     of whether such land was subsequently acquired by the authority
127     by dedication, transfer of fee, or otherwise, the authority must
128     bear the cost of the utility work required to eliminate an
129     unreasonable interference. The authority shall pay the entire
130     expense properly attributable to such work after deducting any
131     increase in the value of a new facility and any salvage value
132     derived from an old facility.
133          (k)   If the authority requires a provider of communications
134     services that are subject to the Communications Services Tax
135     Simplification Law of chapter 202 to relocate a facility used to
136     provide such communications services, upon written notice by the
137     authority of such a need to relocate facilities, the
138     communications service provider owning or operating such
139     facility shall provide the authority a reasonable utility
140     relocation schedule to expedite the completion of the
141     authority’s construction or maintenance project identified in
      665999 - h0703-strike.docx
      Published On: 4/4/2025 4:40:08 PM
                                    Page 6 of 8
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 703   (2025)
        Amendment No. 1


142     the notice, and, within 60 days after the written notice from
143     the authority, initiate any necessary work. The authority
144     requiring such relocation shall pay the entire expense properly
145     attributable to such work.
146          Section 2.   Subsection (5) of section 125.42, Florida
147     Statutes, is amended to read:
148          125.42   Water, sewage, gas, power, telephone, other
149     utility, and television lines within the right-of-way limits of
150     county roads and highways.—
151          (5)   In the event of widening, repair, or reconstruction of
152     any such road, the licensee shall move or remove such water,
153     sewage, gas, power, telephone, and other utility lines and
154     television lines at no cost to the county should they be found
155     by the county to be unreasonably interfering, except as provided
156     in s. 337.403(1)(d)-(k) s. 337.403(1)(d)-(j).
157          Section 3.   The Legislature finds and declares that this
158     act fulfills an important state interest.
159          Section 4.   This act shall take effect July 1, 2025.
160
161           -----------------------------------------------------
162                        T I T L E    A M E N D M E N T
163          Remove everything before the enacting clause and insert:
164          An act relating to utility relocation; amending s.
165          337.403, F.S.; revising the timeframe within which
166          certain utility owners must initiate work; requiring a
      665999 - h0703-strike.docx
      Published On: 4/4/2025 4:40:08 PM
                                     Page 7 of 8
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 703   (2025)
        Amendment No. 1


167          communications service provider to perform work under
168          specific circumstances; requiring specified utility
169          owners to provide a certain authority with utility
170          relocation schedules within a certain timeframe to
171          expedite work; requiring the authority to pay
172          relocation expenses in certain instances; amending s.
173          125.42, F.S.; conforming a cross-reference; providing
174          a finding and declaration of important state interest;
175          providing an effective date.




      665999 - h0703-strike.docx
      Published On: 4/4/2025 4:40:08 PM
                                   Page 8 of 8
CS/HB 867
                                      FLORIDA HOUSE OF REPRESENTATIVES
                                                BILL ANALYSIS
        This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 867                                         COMPANION BILL: CS/SB 916 (Rodriguez)
TITLE: Indemnification and Insurance Obligations of       LINKED BILLS: None
Commuter Rail Transportation Providers                    RELATED BILLS: None
SPONSOR(S): Lopez, V.
Committee References
     Economic Infrastructure                  Civil Justice & Claims                   Commerce
          18 Y, 0 N, As CS                         13 Y, 0 N              

SUMMARY
Effect of the Bill:
The bill establishes the Coastal Link Commuter Rail Service Act. Under the bill, a state, county, municipality, district,
authority, or other separate unit of government that has entered into an agreement with Brightline to operate
commuter rail service on the Coastal Link corridor may assume indemnification and insurance obligations in
certain circumstances. Thus, the bill provides a legal framework for suits involving incidents which arise from
commuter rail services along the Coastal Link Corridor.

Fiscal or Economic Impact:
None.


JUMP TO                   SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill creates s. 343.811, F.S., referred to as the Coastal Link Commuter Rail Service Act. Under the bill, a state,
county, municipality, district, authority, or other separate unit of government that has entered into an agreement
with Brightline to operate commuter rail service on the Coastal Link corridor may assume indemnification and
insurance obligations in certain circumstances. (Section 1).

Assumption of Obligations

The bill provides that in association with the development or operation of a commuter rail service on the Coastal
Link corridor, an agency may assume certain obligations.

The bill states that an agency may assume obligations by contract to protect, defend, indemnify, and hold harmless
both Florida East Coast Railway (FECR), Brightline, and either entity’s officers, agents, and employees from and
against:
     Any liability, cost, and expense, including, but not limited to, the agency’s passengers and other rail corridor
        invitees on the Coastal Link corridor, regardless of whether the loss, damage, destruction, injury, or death
        is caused in whole or in part by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of
        such freight rail operator or Brightline, its successors, or its officer, agents, and employees, or any other
        person.
     Any loss, injury, or damages incurred by other rail corridor invitees up to a self-insurance retention
        amount of $5 million with respect to limited covered accidents caused by the agency. (Section 2).



STORAGE NAME: h0867d.COM
DATE: 4/4/2025
                                                                                                                                              1
The bill provides that an agency may not contract to assume liability in any instance that exceeds the following
parameters of allocation of risk:
    The agency may be solely responsible for any loss, injury, or damage to the agency’s passengers, or rail
        corridor invitees, third parties, or trespassers, regardless of circumstances or cause, subject to the other
        provisions of the bill.
    In the event of a limited covered accident caused by FECR or Brightline, the authority of an agency to
        protect, defend, and indemnify FECR or Brightline for all liability, cost, and expense, including punitive or
        exemplary damages, in excess of the self-insurance retention amount exists only if FECR or Brightline
        agrees, with respect to such accident, to protect, defend, and indemnify the agency for the amount of the
        self-insurance retention amount. (Section 2).

Under the bill, when only one train is involved in an incident, including an incident with trespassers or at-grade
crossings, and the train is an agency train, the agency may be solely responsible for any loss, injury, or damage.
When only one train is involved in an incident and the train belongs to either FECR or Brightline, the owning entity
is solely responsible for any loss, injury, or damage, except for the agency’s passengers and other rail corridor
invitees, which are the responsibility of the agency. The entity’s passengers and other rail corridor invitees are the
responsibility of the entity. (Section 2).

The bill states that when an incident involves more than one operator, each operator is responsible for:
    Its property, passengers, employees (excluding employees who are, at the time of the incident, rail corridor
        invitees of another operator), and other rail corridor invitees.
    Its proportionate share of any loss or damage to the joint infrastructure.
    Its proportionate share of any loss, injury, or damage to rail corridor invitees who are not rail corridor
        invitees of operators1 and trespassers or third parties outside the Coastal Link corridor as a result of the
        incident. (Section 2).

Under the bill, any contractual duty of an agency to protect, defend, indemnify, and hold harmless FECR or
Brightline with respect to claims by rail passengers must expressly include a cap which may not exceed $323
million per occurrence, unless legislative approval is provided. This amount must be adjusted in accordance with
the federal limitation on rail passenger transportation liability, 49 U.S. Code § 28103, or any successor provision.
(Section 2).

The bill states that the liabilities of the agency to the state or any other agency shall be as set forth in an agreement
among such entities and limited by s. 768.28(19), F.S. (Section 2).

Purchase of Insurance

Additionally, the bill provides that in association with the development or operation of a commuter rail service on
the Costal Link corridor, an agency may purchase liability insurance. (Section 2).

Under the bill, if an agency purchases liability insurance, the insured amount may not exceed $323 million per
occurrence. This amount will be adjusted in accordance with the aggregate allowable award to all rail passengers,
against all defendants, for all claims, including punitive damages, arising from a single accident or incident under
the federal limitation on rail passenger transportation liability, 49 U.S. Code § 28103, and any successor provisions.
(Section 2).

The bill provides that an agency may also establish a self-insurance retention fund for the purpose of paying the
deductible limit for the insurance policies the agency may obtain, including coverage for a county agency, freight
rail operators that access the Coastal Link corridor pursuant to a contract with FECR, Brightline, commuter rail
service providers, governmental entities, or any ancillary development. The bill provides that any self-insurance
retention fund or deductible may not exceed the self-insurance retention amount of $5 million. (Section 2).

1 The bill provides that the agency shall always be responsible for its passengers and its rail corridor invitees regardless of

whether the agency was involved in the incident.
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                  2
The bill states that if an agency elects to purchase liability insurance, such insurance and self-insurance retention
fund may provide coverage for all damages, including, but not limited to compensatory, special, and exemplary
damages. The insurance and self-insurance retention fund may be maintained to provide adequate funds to cover
claims and liabilities for loss, injury, or damage arising out of or connected with the ownership, operation,
maintenance, and management of the Coastal Link corridor. (Section 2).

Any self-insured retention account obtained in accordance with the provisions of the bill must be a segregated
account of the agency and must be subject to the same conditions, restrictions, exclusions, obligations, and duties
included in any and all of the policies of liability insurance purchased under the bill. (Section 2).

Sovereign Immunity

The bill provides that the purchase of insurance, the establishment of a self-insurance retention fund, and the
assumption by contract to protect, defend, indemnify, and hold harmless may not be deemed a waiver of any
defense of sovereign immunity for tort claims or deemed to increase the limits of the agency’s liability for tort
claims provided under current law. (Section 2).

The bill clarifies that unless specifically provided by law, FECR and Brightline, and their respective officers, agents,
and employees, are not officers, employees, or subdivisions of the state and are not entitled to sovereign
immunity. (Section 2).

Definitions Provided Under the Bill

The bill defines “agency” as a state, county, municipality, district, authority, or other separate unit of government
created or established by law which has entered into an agreement with Brightline allowing the government entity
to operate commuter rail service on the Coastal link corridor. (Section 2).

Under the bill, “Brightline” means Brightline Trains Florida, LLC, or its successors and assigns, or any of its
affiliates that is a party to an agreement with an agency in connection with the Coastal Link corridor. The bill states
that for the purposes of its status as an indemnitee, “Brightline” include Florida East Coast Dispatch, LLC. (Section
2).

The bill defines the “Coastal Link corridor” as the rail transit system, including the intercity passenger rail service
stations and vehicle maintenance facilities, located on or adjacent to the Florida East Coast Railway (FECR) and
Brightline rail corridor in Miami-Dade County, Broward County, and Palm Beach County.2 (Section 2).

Under the bill, “commuter rail service” means the operation of a train transporting passengers3 and making
frequent stops within urban areas and the immediate suburbs along the rail corridor for the purpose of
transporting passengers, including boarding and alighting and the nonrevenue movement of passenger trains for



2 The bill states that the “Coastal Link corridor” includes structures essential to railroad operations, including land, structures,

improvements, rights-of-way, easements, rail lines, rail beds, guideway structures, switches, yards, parking facilities, power
relays, switching houses, rail stations, any ancillary development, and any other facilities or equipment used for the purpose of
construction, operation, or maintenance of a railroad that provides rail service.
3 The bill states that, with respect to intercity passenger rail service or commuter rail service, “passenger” means a person,

ticketed or unticketed, using the rail service on the Costal Link corridor:
     Onboard trains, locomotives, rail cars, or rail equipment employed in such intercity passenger rail service or
         commuter rail service or boarding or alighting therefrom;
     On or about the Coastal Link corridor for any purpose related to such intercity passenger rail service or commuter rail
         service, including parking or purchasing tickets therefor and coming to, waiting for, and leaving from locomotives, rail
         cars, or rail equipment; or
     Meeting, assisting, or in the company of a person described in subparagraph 1. or subparagraph 2.
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION                 BILL HISTORY
                                                                                                                                   3
storage, maintenance, or repairs. The bill states that the term does not include the operation of trains by Brightline
transporting passengers in intercity passenger rail service between Brightline stations4. (Section 2).

Under the bill, “FECR” means the Florida East Coast Railway, LLC, or its successors and assigns. For the purposes of
its status as an indemnitee, the term "FECR" includes Florida East Coast Dispatch, LLC, or its successors and
assigns. (Section 2).

The bill defines “intercity passenger rail service” as all passenger service on the Coastal Link corridor other than
commuter rail service and is characterized by trains making less frequent stops along the Coastal Link corridor
that the commuter rail service makes. (Section 2).

Under the bill, “joint infrastructure” means any portion or segment of the Coastal Link corridor which does not
contain tracks or infrastructure designated for the exclusive use of one operator.5 (Section 2).

“Limited covered accident” is defined in the bill as a collision directly between the trains, locomotives, rail cars, or
rail equipment of more than one operator on the Costal Link corridor, where the collision is caused by or arising
from the willful misconduct of one of the responsible operators6, as adjudicated pursuant to a final and
unappealable court order, or if punitive damages or exemplary damages are awarded due to the conduct of the
responsible operator, as adjudicated pursuant to a final and unappealable court order. (Section 2).

Under the bill, the term “operator” includes:
    Brightline, including any passenger rail operators that access the Coastal Link corridor pursuant to a
       contract with Brightline, other than an agency;
    FECR, including Amtrak or any freight rail operators that access the Coastal Link corridor pursuant to a
       contract with FERC;
    An agency, including any commuter rail operators that access the Coastal Link corridor pursuant to a
       contract with an agency; or
    The South Florida Regional Transportation Authority (SFRTA), with respect to its operation contemplated
       under s. 343.545, F.S. (Section 2).

The bill defines “proportionate share” as, with respect to a loss, injury, or damage for which operators share
responsibility, a percentage in proportion to the number of operators involved in the relevant incident.
     When one or more agencies are jointly operating a commuter rail service, such agencies are considered a
        single operator for the purposes of computing and assessing the proportionate share.
     When two operators are involved in the incident, each is responsible for one-half of such loss, injury, or
        damage; when three operators are involved in the incident, each is responsible for one-third, and so on.
     When more than one agency shares responsibility with respect to loss, injury, or damage, each agency is
        considered a separate entity for purposes of determining its proportionate share. (Section 2).

Under the bill, “rail corridor invitee” means a passenger who is on or about the Coastal Link corridor or a person
otherwise present on the Coastal Link corridor at the request of, pursuant to a contract with, or otherwise for the
purpose of doing business with or at the behest of an operator. The bill states that this term does not include
patrons at any station who are not also passengers, commercial or residential tenants at any station or the
developments in and around the stations or their invitees, or third parties performing work at a station or in the
Coastal Link corridor, including any utilities or fiber optic companies. The bill further provides that:

4 For the purpose of the “commuter rail service” definition, the bill states that “Brightline stations” means the Brightline-

owned intercity passenger rail service stations in Miami located near Aventura, Fort Lauderdale, Boca Raton, and West Palm
Beach, as well as any future stations developed by Brightline in connection with its intercity passenger rail service.
5 Train stations, including, but not limited to, pedestrian bridges, stairs, or conveyance systems, do not constitute part of the

joint infrastructure.
6 The bill states that for the purpose of the definition of “limited covered accident,” “responsible operator” means an operator

or its subsidiaries, agents, licenses, employees, officers, or directors which has caused a collision as a result of willful
misconduct.
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                    4
        A rail corridor invitee of an agency may not be considered an invitee of Brightline or FECR.
        A rail corridor invitee of Brightline or FECR may not be considered an invitee of an agency.
        An employee of an operator is not a rail corridor invitee of such operator at any time the employee is a
         passenger or is otherwise present on the Coastal Link corridor at the request of, pursuant to a contract
         with, or otherwise for the purpose of doing business with or at the behest of another operator.
        When a passenger is transferring from the service of one operator to another, the passenger is a rail
         corridor invitee of the first operator until the passenger has left the first operator's platform, at which time
         the passenger is then a rail corridor invitee of the other operator. (Section 2).

The bill reenacts existing law, s. 341.302(17), F.S., for the purpose of incorporating changes made by the bill.
(Section 3).

The effective date of the bill is July 1, 2025. (Section 4).

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Rail Service in Florida

The Florida Department of Transportation (DOT) must develop and implement a rail program designed to ensure
its proper maintenance, safety, revitalization, and expansion to assure its continued and increased availability, and
to respond to statewide mobility needs. DOT’s statutory rail requirements include:
      Providing the overall leadership, coordination, and financial and technical assistance necessary to assure
        the effective responses of the state’s rail system to mobility needs.
      Promoting and facilitating the implementation of advanced rail systems.
      Developing and administering state standards concerning the safety and performance of rail systems.7

Most of Florida’s rail mileage is owned by freight railroads. Roughly 60 percent of the rail mileage in the state is
owned by CSX Transportation, Inc., (CSX) and Florida East Coast Railway (FECR). The remaining rail mileage in the
state is owned by Norfolk Southern Railway, short lines railroads, and the state of Florida.8

In 1988, DOT and CSX entered into an agreement whereby DOT purchased approximately 81 miles of CSX track
and right-of-way9 in order to operate commuter rail in South Florida.10 The commuter rail system, known as Tri-
Rail, operates in Miami-Dade, Broward, and Palm Beach counties.11

Brightline

Brightline Trains Florida (Brightline) is the only privately owned and operated intercity railroad in the United
States.12 Brightline operates hourly intercity passenger rail service on a 235-mile corridor between Miami and
Orlando.13 Brightline is also actively planning a further extension from Orlando to Tampa.14 As of July 2024,

7 S. 341.302, F.S.
8 Florida Rail System Plan, Executive Summary (Nov. 2023) at 3,

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/rail/plans/rail/rail-system-plan-2023/rsp-october-
version/fdot_rsp_ch-1_ada-(nov).pdf?sfvrsn=606135b_4 (last visited Mar. 11, 2025).
9 This is commonly known as the South Florida Rail Corridor. FDOT Florida Freight & Passenger Rail Plan, 2-1 n. 1:,

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/rail/publications/plans/rail/06visionplan/flrail06.pdf?sfvrsn=ce111160_0 (last visited March 12, 2025).
10 Id. at 5-34.
11 Tri-Rail System Map, https://www.tri-rail.com/ (last visited March 12, 2025)
12 Brightline, About Us, https://www.gobrightline.com/about (last visited Mar. 11, 2025).
13 Florida Rail System Plan, Executive Summary (Nov. 2023) at 5,

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/rail/plans/rail/rail-system-plan-2023/rsp-october-
version/fdot_rsp_ch-1_ada-(nov).pdf?sfvrsn=606135b_4 (last visited Mar. 11, 2025).
14 Id. at 6.

JUMP TO                SUMMARY                     ANALYSIS           RELEVANT INFORMATION             BILL HISTORY
                                                                                                                          5
Brightline offers sixteen daily round trips between South Florida and Orlando, departing from the Orlando
International Airport and ending in Miami with stops in West Palm Beach, Boca Raton, Fort Lauderdale, and
Aventura.15

Florida East Coast Railway (FECR)

FECR is a regional railroad in Florida which owns all 351-mile mainline track from Jacksonville to Miami. The
railway connects to the national railway system in Jacksonville, allowing it to provide rail service in and out of
Georgia, Tennessee, South Carolina, and North Carolina. FECR is the exclusive rail provider for Port Miami, Port
Everglades, and Port of Palm Beach.16

Coastal Link Commuter Rail Service

Since 2021, DOT and Broward County Transit have been evaluating the implementation of commuter rail along the
FECR corridor from Aventura in Miami-Dade County into Broward County. This evaluation is a direct result of a
previous study known as the “Coastal Link” that evaluated 85 miles of commuter rail in Miami-Dade, Broward, and
Palm Beach counties.17

In August 2022, the Broward County Commission adopted a Locally Preferred Alternative for Broward Commuter
Rail South (BCR South) to extend commuter rail service on the FECR corridor from Aventura north to Fort
Lauderdale. In February 2023, the Broward Metropolitan Planning Organization voted to amend its Metropolitan
Transportation Plan to include BCR South as a Priority I project within the fiscally constrained portion of the plan,
with project development funding programmed and approved by both Broward County and DOT in 2022.18

Miami-Dade County is also studying the implementation of commuter rail service in the FECR corridor from
Downtown Miami to Aventura, known as the Northeast Corridor.19 The Northeast Corridor will establish a new
rapid transit route from Miami Central Station in downtown Miami to West Aventura Station, utilizing the existing
railroad corridor shared with Brightline and freight rail services. This project will utilize Brightline’s existing
stations and add five additional stations.20

DOT Rail Liability

DOT is authorized to implement a statewide rail program.21 In the event of an accident in a DOT-owned rail
corridor, DOT may assume detailed obligations to specific parties who may be involved.22 These provisions relate
to DOT trains, the National Railroad Passenger Corporation (AMTRAK) trains, and freight trains. DOT may agree to
assume the obligations to indemnify and insure, pursuant to s. 343.545, F.S., freight rail service, intercity passenger
rail service, and commuter rail service on a DOT-owned rail corridor, whether the ownership is in fee or by
easement, or on a rail corridor where DOT has the right to operate.23

DOT's duty to indemnify a freight rail operator or Amtrak is capped at $200 million.24 DOT is required to
purchase up to $200 million in liability insurance and establish a self-insurance retention fund to cover

15 Megan Dubois, Taking the Brightline Train from Orlando to Boca Raton: Here's What It's Like, Condé Nast Traveler (July 18,

2024), https://www.cntraveler.com/story/brightline-train-orlando-to-boca-raton (last visited Mar. 11, 2025).
16 Florida East Coast Railway, Who We Are, https://fecrwy.com/ (last visited Mar. 11, 2025).
17 Florida Department of Transportation, Broward Commuter Rail South, https://www.fdot.gov/projects/broward-commuter-

rail-south/home (last visited March 11, 2025)
18 Id.
19 Id.
20 Miami-Dade County, Northeast Corridor, https://www.miamidade.gov/global/transportation/smart-plan-northeast-

corridor.page (last visited March 11, 2025).
21 S. 341.302, F.S.
22 S. 341.302(17), F.S.
23 S. 341.302(17)(d), F.S.
24 S. 341.302(17)(a)6., F.S.

JUMP TO                SUMMARY                     ANALYSIS              RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                6
any deductible, provided that any parties covered under the insurance must pay a reasonable monetary
contribution to cover the cost of the insurance.25 The self-insurance fund or deductible is capped at $10
million.26 Neither the purchase of insurance nor the establishment of a self-insurance retention fund
constitutes a waiver of sovereign immunity.27

Sovereign Immunity

Sovereign immunity is a principle under which a government cannot be sued without its consent.28 Article X,
section 13 of the Florida Constitution allows the Legislature to waive this immunity. In accordance with article X,
section 13 of the Florida Constitution, Florida law allows for suits in tort against the state and its agencies and
subdivisions for damages resulting from the negligence of government employees acting in the scope of
employment.29 This liability exists only where a private person would be liable for the same conduct. The waiver of
sovereign immunity provided under s. 768.28, F.S., applies only to “injury or loss of property, personal injury, or
death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while
acting within the scope of the employee’s office or employment.”30

Section 768.28(5), F.S., caps tort recovery from a governmental entity at $200,000 per person and $300,000 per
incident.31 Although a court may enter an excess judgment, a claimant may not collect more than the caps provide,
absent a claim bill passed by the Legislature.32

Individual government employees, officers, or agents are immune from suit or liability for damages caused by any
action taken in the scope of employment, unless the damages result from the employee’s acting in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property.33
A government entity is not liable for any damages resulting from actions by an employee outside the scope of his or
her employment and is not liable for damages resulting from actions committed by the employee in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property.34




25 Id.
26 S. 341.302(17)(b), F.S.
27 S. 341.302(17), F.S.
28 Sovereign immunity, Legal Information Institute, https://www.law.cornell.edu/wex/sovereign_immunity (last visited Mar. 7,

2025).
29 s. 768.28(1), F.S.
30 City of Pembroke Pines v. Corrections Corp. of America, Inc., 274 So. 3d 1105, 1112 (Fla. 4th DCA 2019) (quoting s. 768.28(1),

F.S.) (internal punctuation omitted).
31 S. 768.28(5), F.S.
32 Breaux v. City of Miami Beach, 899 So. 2d 1059 (Fla. 2005).
33 S. 768.28(9)(a), F.S.
34 Id.

JUMP TO                   SUMMARY                   ANALYSIS               RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                    7
Political Subdivisions

A political subdivision is a separate legal entity of the State which usually has specific governmental functions.35
Section 218.077(2)(f), F.S., defines a political subdivision as a county, municipality, department, commission,
district, board, or other public body, whether corporate or otherwise, created by or under state law. Local
governments are incorporated by special acts of the Florida Legislature and include counties, municipalities, school
districts, and special districts.36

Some examples of different types of political subdivisions of the State of Florida include, but are not limited to:
    Cities;
    Counties;
    Municipalities;
    School boards; and
    Special districts established by the Legislature.

Federal Limitation on Rail Passenger Transportation Liability

In the event of conduct giving rise to a claim for damages or liability arising from or in connection with the
provision of rail passenger transportation, federal law provides a monetary cap on awards to all rail passengers.
Under 49 U.S. Code § 28103, the aggregate allowable award to all rail passengers, against all defendants, for all
claims, including punitive damages, arising from a single accident or incident may not exceed $200,000,000.37 In
2021, this cap was adjusted in accordance with inflation to $322,864,228.38

Tort Law

One of the goals of the civil justice system is to redress tortious conduct, or “torts.” A tort is a wrong for which the
law provides a remedy. Torts are generally divided into two categories, as follows:
      An intentional tort, examples of which include an assault, a battery, or a false imprisonment.
      Negligence, which is a tort that is unintentionally committed. To prevail in a negligence lawsuit, the party
         seeking the remedy, the “plaintiff,” must demonstrate that the:
           o Defendant had a legal duty of care requiring the defendant to conform to a certain standard of
              conduct for the protection of others, including the plaintiff, against unreasonable risks;
           o Defendant breached his or her duty of care by failing to conform to the required standard;
           o Defendant’s breach caused the plaintiff to suffer an injury; and
           o Plaintiff suffered actual damage or loss resulting from such injury.39

Negligence

“Negligence” is the failure to use reasonable care, which is the care that a reasonably careful person would use
under like circumstances.40 Negligence is doing something that a reasonably careful person would not do under
like circumstances or failing to do something that a reasonably careful person would do under like circumstances.41




35 Social Security Administration, How to Determine an Entity’s Legal Status,

https://www.ssa.gov/section218training/advanced_course_9.htm#3 (last visited Feb. 11, 2025).
36 Susan A. MacManus, et al, Politics in Florida, (4th ed. 2015).
37 49 U.S.C. § 28103 (1997).
38 Adjustment to Rail Passenger Transportation Liability Cap, 86 Fed. Reg. 11571 (Feb. 22, 2021) (amending 49 U.S.C. §

28103).
39 6 Florida Practice Series s. 1.1; see Barnett v. Dept. of Fin. Serv., 303 So. 3d 508 (Fla. 2020).
40 38 Fla. Jur 2d Negligence s. 1.
41 Fla. Standard Jury Instruction 401.4 at 57.

JUMP TO                SUMMARY                      ANALYSIS              RELEVANT INFORMATION             BILL HISTORY
                                                                                                                           8
        Duty of Care

The first of the four elements a plaintiff must show to prevail in a negligence action is that the defendant owed the
plaintiff a "duty of care" to do something or refrain from doing something. The existence of a legal duty is a
threshold requirement that, if satisfied, “merely opens the courthouse doors.”42 Whether a duty sufficient to
support a negligence claim exists is a matter of law43 determined by the court.44 A duty may arise from various
sources, including:
      Legislative enactments or administrative regulations;
      Judicial interpretations of such enactments or regulations;
      Other judicial precedent; and
      The general facts of the case.45

In determining whether a duty arises from the general facts of the case, courts look to whether the defendant’s
conduct foreseeably created a “zone of risk” that posed a general threat of harm to others—that is, whether there
was a likelihood that the defendant’s conduct would result in the type of injury suffered by the plaintiff.46 Such
zone of risk defines the scope of the defendant’s legal duty, which is typically to either lessen the risk or ensure that
sufficient precautions are taken to protect others from the harm the risk poses.47 However, it is not enough that a
risk merely exists or that a particular risk is foreseeable; rather, the defendant’s conduct must create or control the
risk before liability may be imposed.48

        Breach of the Duty of Care

The second element a plaintiff must prove is that the defendant "breached," or failed to discharge, the duty of care.
Whether a breach occurred is generally a matter of fact for the jury to determine.49

        Causation

The third element a plaintiff must prove is that the defendant's breach of the duty of care "proximately caused" the
plaintiff's injury. Whether or not proximate causation exists is generally a matter of fact for the jury to determine.50
Florida follows the “more likely than not” standard in proving causation; thus, the inquiry for the factfinder is
whether the defendant’s negligence probably caused the plaintiff’s injury.51 In making such a determination, the
factfinder must analyze whether the injury was a foreseeable consequence of the danger created by the
defendant’s negligent act or omission.52 It is not required that the defendant’s conduct must be the exclusive cause,
or even the primary cause, of the plaintiff’s injury suffered; instead, the plaintiff must only show that the
defendant’s conduct substantially caused the injury.53



42 Kohl v. Kohl, 149 So. 3d 127 (Fla. 4th DCA 2014).
43 A matter of law is a matter determined by the court, unlike a matter of fact, which must be determined by the jury. Matters

of law include issues regarding a law’s application or interpretation, issues regarding what the relevant law is, and issues of
fact reserved for judges to resolve. Legal Information Institute, Question of Law,
https://www.law.cornell.edu/wex/question_of_law (last visited March 12, 2025); Legal Information Institute, Question of Fact,
https://www.law.cornell.edu/wex/Question_of_fact (last visited March 12, 2025).
44 Kohl, 149 So. 3d at 135; Goldberg v. Fla. Power & Light Co., 899 So. 2d 1110 (Fla. 2005).
45 Goldberg, 899 So. 2d at 1105 (citing Clay Elec. Co-op., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003)).
46 Kohl, 149 So. 3d at 135 (citing McCain v. Fla. Power Corp., 593 So. 2d 500 (Fla. 1992); Whitt v. Silverman, 788 So. 2d 210 (Fla.

2001)).
47 Kohl, 149 So. 3d at 135; Whitt, 788 So. 2d at 217.
48 Bongiorno v. Americorp, Inc., 159 So. 3d 1027 (Fla. 5th DCA 2015) (citing Demelus v. King Motor Co. of Fort Lauderdale, 24 So.

3d 759 (Fla. 4th DCA 2009)).
49 Wallace v. Dean, 3 So. 3d 1035 (Fla. 2009).
50 Sanders v. ERP Operating Ltd. P’ship, 157 So. 3d 273 (Fla. 2015).
51 Ruiz v. Tenent Hialeah Healthsystem, Inc., 260 So. 3d 977 (Fla. 2018).
52 Id. at 981-982.
53 Id. at 982.

JUMP TO                 SUMMARY                        ANALYSIS            RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                  9
Negligence is a tort that is unintentionally committed. To prevail in a lawsuit for negligence, the plaintiff (the party
seeking the remedy) must demonstrate that:
    The defendant had a legal duty of care requiring the defendant to conform to a certain standard of conduct
       for the protection of others, including the plaintiff, against unreasonable risks;
    The defendant breached his or her duty of care by failing to conform to the required standard;
    The defendant’s breach caused the plaintiff to suffer an injury; and
    The plaintiff suffered actual damage or loss resulting from such injury. 54

Section 95.11(3)(a), F.S., currently provides that general actions against a private citizen or entity founded on
negligence are subject to a two-year statute of limitations.

         Liability

Liability refers to the legal concept whereby a party is held legally responsible for an action. A person can be held
liable based on his or her own actions, inactions, or the actions of people or animals for which he or she is legally
responsible for.55 Generally, once a party to a lawsuit has been found to have been liable, the party will likely be
required to pay monetary damages.56 In certain cases, the party may also be required to complete specific
performance of an action; that is, the party may be ordered to fulfill his or her obligations under a contract as
closely as possible to what was originally promised in the contract.57

In the event multiple parties are legally responsible for the same thing (i.e. liable), ch. 768, Florida Statutes,
provides that each party’s individual responsibility will be determined based on the comparative fault of each
liable party. That is, a percentage of fault will be assigned to each liable party and the damages will be split
between the parties based upon the percentage of fault that was attributed to the respective party.

Damages

         Compensatory Damages

Actual damages, also called compensatory damages, are damages the plaintiff actually suffered as the result of the
injury.58 Juries award compensatory damages to compensate an injured person for a defendant’s negligent acts.59
Compensatory damages consist of both:
     “Economic damages,” which typically consist of financial losses that can be easily quantified, such as lost
        wages, the cost to replace damaged property, or the cost of medical treatment; and
     “Non-economic damages,” which typically consist of nonfinancial losses that cannot be easily quantified,
        such as pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, and loss of
        the capacity to enjoy life.60

    Punitive or Exemplary Damages

In certain limited situations, a court may also award “punitive damages,” the purpose of which is to punish a
defendant for bad behavior and deter future bad conduct, rather than to compensate the plaintiff for a loss.61
Punitive damages are sometimes referred to as “exemplary damages,” but both terms convey the same idea; that is,



54 6 Florida Practice Series s. 1.1; see Barnett v. Dept. of Fin. Serv., 303 So. 3d 508 (Fla. 2020).
55 Cornell Law School, Legal Information Institute, Liability, https://www.law.cornell.edu/wex/liability (last visited March 21,

2025).
56 Id.
57 Id.
58 Birdsall v. Coolidge, 93 U.S. 64 (1876).
59 St. Regis Paper Co. v. Watson, 428 So. 2d 243 (Fla. 1983).
60 Cf. s. 766.202(8), F.S.
61 See ss. 768.72, 768.725, and 768.73, F.S. (providing standards and requirements for awarding punitive damages).
- - - -~~~===-=-=====-- -======- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~
JUMP TO                  SUMMARY                        ANALYSIS                RELEVANT INFORMATION         BILL HISTORY
                                                                                                                              10
extra damages awarded beyond that actually incurred by the plaintiff.62 Under Florida Law, an award of punitive
damages generally may not exceed three times the value of the compensatory damages awarded, or $500,000.63 In
order to be awarded punitive damages, a plaintiff must prove by clear and convincing evidence that he or she is
entitled to such (the burden of proof for a determination of regular, non-punitive damages is by the greater weight
of the evidence, which is a lower burden than clear and convincing evidence).64

OTHER RESOURCES:
Florida Department of Transportation, Florida Rail System Plan (2023).


                                                         BILL HISTORY
                                                                                                   STAFF
                                                                                                 DIRECTOR/               ANALYSIS
 COMMITTEE REFERENCE                               ACTION                     DATE              POLICY CHIEF           PREPARED BY
IEconomic Infrastructure                        18 Y, 0 N, As CS            3/12/2025              Keating                Bauldree
 Subcommittee
 THE CHANGES ADOPTED BY THE                Clarifies that Florida East Coast Railway and Brightline, and their respective
 COMMITTEE:                                officers, agents, and employees, are not entitled to sovereign immunity, unless
                                           specifically provided by law.
Civil Justice & Claims                              13 Y, 0 N           3/27/2025            Jones             Mathews
Subcommittee
Commerce Committee                                                                                   Keating               Bauldree


    -------------------------------------------------------------------------------------------------------------------------------------
  THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
    -------------------------------------------------------------------------------------------------------------------------------------




62 Cornell Law School, Exemplary Damages, https://www.law.cornell.edu/wex/exemplary_damages (last visited March 23,

2025).
63 S. 768.73, F.S. provides for an increased limit to punitive damages under certain situations such as motivation or intent of

the defendant.
64 S. 768.725, F.S.

JUMP TO                 SUMMARY                         ANALYSIS                RELEVANT INFORMATION                  BILL HISTORY
                                                                                                                                            11
F   L      O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 867                                                                                            2025




    1                                         A bill to be entitled
    2              An act relating to indemnification and insurance
    3              obligations of commuter rail transportation providers;
    4              creating part III of ch. 343, F.S., entitled "Coastal
    5              Link Commuter Rail Service Act,"; creating s. 343.811,
    6              F.S.; providing a short title; providing definitions;
    7              authorizing agencies, in conjunction with the
    8              operation of certain commuter rail services, to assume
    9              certain indemnification and insurance obligations,
10                 subject to certain requirements; providing
11                 construction; reenacting s. 341.302(17)(d), F.S.,
12                 relating to the rail program and duties and
13                 responsibilities of the Department of Transportation,
14                 to incorporate the enactment of part III of ch. 343,
15                 F.S., in a reference thereto; providing an effective
16                 date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                 Section 1.         Part III of chapter 343, Florida Statutes,
21         consisting of section 343.811, is created and entitled "Coastal
22         Link Commuter Rail Service Act."
23                 Section 2.         Section 343.811, Florida Statutes, is created
24         to read:
25                 343.811       Power to assume indemnification and insurance

                                                         Page 1 of 15

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb867-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 867                                                                                            2025




26      obligations.—
27              (1)     SHORT TITLE.—This section may be cited as the "Coastal
28      Link Commuter Rail Service Act."
29              (2)     DEFINITIONS.—As used in this section, the term:
30              (a)     "Agency" means a state, county, municipality,
31      district, authority, or other separate unit of government
32      created or established by law which has entered into an
33      agreement with Brightline, which agreement permits it to operate
34      commuter rail service on the Coastal Link corridor.
35              (b)     "Brightline" means Brightline Trains Florida, LLC, or
36      its successors and assigns, or any of its affiliates that is a
37      party to an agreement with an agency in connection with the
38      Coastal Link corridor. For the purposes of its status as an
39      indemnitee, the term "Brightline" includes Florida East Coast
40      Dispatch, LLC, or its successors or assigns.
41              (c)     "Coastal Link corridor" means the rail transit system,
42      including the intercity passenger rail service stations and
43      vehicle maintenance facilities, located on or adjacent to FECR
44      and Brightline rail corridor in Miami-Dade County, Broward
45      County, and Palm Beach County. The term includes structures
46      essential to railroad operations, including land, structures,
47      improvements, rights-of-way, easements, rail lines, rail beds,
48      guideway structures, switches, yards, parking facilities, power
49      relays, switching houses, rail stations, any ancillary
50      development, and any other facilities or equipment used for the

                                                      Page 2 of 15

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb867-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 867                                                                                            2025




51      purposes of construction, operation, or maintenance of a
52      railroad that provides rail service.
53              (d)     "Commuter rail service" means the operation of trains
54      transporting passengers and making frequent stops within urban
55      areas and the immediate suburbs along the rail corridor for the
56      purpose of transporting passengers, including boarding and
57      alighting and the nonrevenue movement of passenger trains for
58      storage, maintenance, or repairs. The term does not include the
59      operation of trains by Brightline transporting passengers in
60      intercity passenger rail service between Brightline stations. As
61      used in this paragraph, "Brightline stations" means the
62      Brightline-owned intercity passenger rail service stations in
63      Miami located near Aventura, Fort Lauderdale, Boca Raton, and
64      West Palm Beach, as well as any future stations developed by
65      Brightline in connection with its intercity passenger rail
66      service.
67              (e)     "FECR" means Florida East Coast Railway, LLC, or its
68      successors and assigns. For the purposes of its status as an
69      indemnitee, the term "FECR" includes Florida East Coast
70      Dispatch, LLC, or its successors and assigns.
71              (f)     "Intercity passenger rail service" means all passenger
72      service on the Coastal Link corridor other than commuter rail
73      service and is characterized by trains making less frequent
74      stops along the Coastal Link corridor than the commuter rail
75      service makes.

                                                      Page 3 of 15

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




76               (g)      "Joint infrastructure" means any portion or segment of
77       the Coastal Link corridor which does not contain tracks or
78       infrastructure designated for the exclusive use of an operator.
79       Train stations, including, but not limited to, pedestrian
80       bridges, stairs, or conveyance systems, do not constitute part
81       of the joint infrastructure.
82               (h)      "Limited covered accident" means a collision directly
83       between the trains, locomotives, rail cars, or rail equipment of
84       more than one operator on the Coastal Link corridor, where the
85       collision is caused by or arising from the willful misconduct of
86       one of the responsible operators, as adjudicated pursuant to a
87       final and unappealable court order, or if punitive damages or
88       exemplary damages are awarded due to the conduct of the
89       responsible operator, as adjudicated pursuant to a final and
90       unappealable court order. For purposes of this paragraph,
91       "responsible operator" means an operator or its subsidiaries,
92       agents, licensees, employees, officers, or directors which has
93       caused a collision as a result of its willful misconduct.
94               (i)      "Operator" means:
95               1.      Brightline, including any passenger rail operators that
96       access the Coastal Link corridor pursuant to a contract with
97       Brightline, other than an agency;
98               2.      FECR, including Amtrak or any freight rail operators
99       that access the Coastal Link corridor pursuant to a contract
100      with FECR;

                                                       Page 4 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




101              3.      An agency, including any commuter rail operators that
102      access the Coastal Link corridor pursuant to a contract with an
103      agency; or
104              4.      SFRTA, with respect to its operations contemplated
105      under s. 343.545.
106              (j)      "Passenger" means, with respect to intercity passenger
107      rail service or commuter rail service, a person, ticketed or
108      unticketed, using the intercity passenger rail service or
109      commuter rail service on the Coastal Link corridor:
110              1.      Onboard trains, locomotives, rail cars, or rail
111      equipment employed in such intercity passenger rail service or
112      commuter rail service or boarding or alighting therefrom;
113              2.      On or about the Coastal Link corridor for any purpose
114      related to such intercity passenger rail service or commuter
115      rail service, including parking or purchasing tickets therefor
116      and coming to, waiting for, and leaving from locomotives, rail
117      cars, or rail equipment; or
118              3.      Meeting, assisting, or in the company of a person
119      described in subparagraph 1. or subparagraph 2.
120              (k)      "Proportionate share" means, with respect to a loss,
121      injury, or damage for which operators share responsibility, a
122      percentage in proportion to the number of operators involved in
123      the relevant incident.
124              1.      When one or more agencies are jointly operating a
125      commuter rail service, such agencies are considered a single

                                                       Page 5 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




126      operator for purposes of computing and assessing the
127      proportionate share of such loss, injury, or damage.
128              2.      When two operators are involved in the incident, each
129      is responsible for one-half of such loss, injury, or damage;
130      when three operators are involved in the incident, each is
131      responsible for one-third of such loss, injury, or damage, and
132      so on.
133              3.      When more than one agency shares responsibility with
134      respect to any loss, injury, or damage, each such agency is
135      considered a separate entity for purposes of determining its
136      proportionate share.
137              (l)      "Rail corridor invitee" means a person who is on or
138      about the Coastal Link corridor who is a passenger or who is
139      otherwise present on the Coastal Link corridor at the request
140      of, pursuant to a contract with, or otherwise for the purpose of
141      doing business with or at the behest of an operator. The term
142      does not include patrons at any station who are not also
143      passengers, commercial or residential tenants at any station or
144      the developments in and around the stations or their invitees,
145      or third parties performing work at a station or in the Coastal
146      Link corridor, including any utilities or fiber optic companies.
147              1.      A rail corridor invitee of an agency may not be
148      considered a rail corridor invitee of Brightline or FECR.
149              2.      A rail corridor invitee of Brightline or FECR may not
150      be considered a rail corridor invitee of an agency.

                                                       Page 6 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




151              3.      An employee of an operator is not a rail corridor
152      invitee of such operator at any time the employee is a passenger
153      or is otherwise present on the Coastal Link corridor at the
154      request of, pursuant to a contract with, or otherwise for the
155      purpose of doing business with or at the behest of another
156      operator.
157              4.      When a passenger is transferring from the service of
158      one operator to another, the passenger is a rail corridor
159      invitee of the first operator until the passenger has left the
160      first operator's platform, at which time the passenger is then a
161      rail corridor invitee of the other operator.
162              (m)      "Self-insurance retention amount" means an amount
163      equal to $5 million.
164              (n)      "SFRTA" means the South Florida Regional
165      Transportation Authority.
166              (3)      ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In
167      conjunction with the development or operation of a commuter rail
168      service on the Coastal Link corridor, an agency may:
169              (a)      Assume obligations pursuant to the following:
170              1.a.        The agency may assume the obligation by contract to
171      protect, defend, indemnify, and hold harmless FECR and its
172      officers, agents, and employees from and against:
173              (I)      Any liability, cost, and expense, including, but not
174      limited to, the agency's passengers and other rail corridor
175      invitees in, on, or about the Coastal Link corridor, regardless

                                                       Page 7 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




176      of whether the loss, damage, destruction, injury, or death
177      giving rise to any such liability, cost, or expense is caused in
178      whole or in part, and to whatever nature or degree, by the
179      fault, failure, negligence, misconduct, nonfeasance, or
180      misfeasance of such freight rail operator, its successors, or
181      its officers, agents, and employees, or any other person or
182      persons whomsoever.
183              (II)        Any loss, injury, or damage incurred by other rail
184      corridor invitees up to the amount of the self-insurance
185      retention amount with respect to limited covered accidents
186      caused by the agency.
187              b.      The agency may assume the obligation by contract to
188      protect, defend, indemnify, and hold harmless Brightline and its
189      officers, agents, and employees from and against:
190              (I)     Any liability, cost, and expense, including, but not
191      limited to, the agency's passengers and rail corridor invitees
192      in the Coastal Link corridor, regardless of whether the loss,
193      damage, destruction, injury, or death giving rise to any such
194      liability, cost, or expense is caused in whole or in part, and
195      to whatever nature or degree, by the fault, failure, negligence,
196      misconduct, nonfeasance, or misfeasance of Brightline, its
197      successors, or its officers, agents, and employees, or any other
198      person or persons whomsoever.
199              (II)        Any loss, injury, or damage incurred by other rail
200      corridor invitees up to the amount of the self-insurance

                                                       Page 8 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




201      retention amount with respect to limited covered accidents
202      caused by the agency.
203              2.      The assumption of liability of the agency by contract
204      pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may
205      not in any instance exceed the following parameters of
206      allocation of risk:
207              a.      The agency may be solely responsible for any loss,
208      injury, or damage to the agency's passengers, or rail corridor
209      invitees, third parties, or trespassers, regardless of
210      circumstances or cause, subject to sub-subparagraph b. and
211      subparagraphs 3., 4., and 5.
212              b.(I)        In the event of a limited covered accident caused by
213      FECR, the authority of an agency to protect, defend, and
214      indemnify FECR for all liability, cost, and expense, including
215      punitive or exemplary damages, in excess of the self-insurance
216      retention amount exists only if FECR agrees, with respect to
217      such limited covered accident caused by FECR, to protect,
218      defend, and indemnify the agency for the amount of the self-
219      insurance retention amount.
220              (II)        In the event of a limited covered accident caused by
221      Brightline, the authority of an agency to protect, defend, and
222      indemnify Brightline for all liability, cost, and expense,
223      including punitive or exemplary damages, in excess of the self-
224      insurance retention amount exists only if Brightline agrees,
225      with respect to such limited covered accident, to protect,

                                                       Page 9 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




226      defend, and indemnify the agency for the amount of the self-
227      insurance retention amount.
228              3.      When only one train is involved in an incident and:
229              a.      The train is an agency's train, including an incident
230      with trespassers or at-grade crossings, the agency may be solely
231      responsible for any loss, injury, or damage.
232              b.      The train is FECR's train, including an incident with
233      trespassers or at-grade crossings, FECR is solely responsible
234      for any loss, injury, or damage, except for the agency's
235      passengers and other rail corridor invitees, which are the
236      responsibility of the agency, and Brightline's passengers and
237      other rail corridor invitees, which are the responsibility of
238      Brightline.
239              c.      The train is Brightline's train, including an incident
240      with trespassers or at-grade crossings, Brightline is solely
241      responsible for any loss, injury, or damage, except for the
242      agency's passengers or rail corridor invitees, which are the
243      responsibility of the agency, and FECR's rail corridor invitees,
244      which are the responsibility of FECR.
245              4.      When an incident involves more than one operator, each
246      operator is responsible for:
247              a.      Its property; passengers; employees, excluding
248      employees who are, at the time of the incident, rail corridor
249      invitees of another operator; and other rail corridor invitees.
250              b.      Its proportionate share of any loss or damage to the

                                                      Page 10 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




251      joint infrastructure.
252              c.      Its proportionate share of any loss, injury, or damage
253      to:
254              (I)      Rail corridor invitees who are not rail corridor
255      invitees of operators, provided that the agency shall always be
256      responsible for its passengers and its rail corridor invitees
257      regardless of whether the agency was involved in the incident.
258              (II)        Trespassers or third parties outside the Coastal Link
259      corridor as a result of the incident.
260              5.      Any such contractual duty to protect, defend,
261      indemnify, and hold harmless FECR or Brightline with respect to
262      claims by rail passengers shall expressly include a specific cap
263      on the amount of the contractual duty, which amount may not
264      exceed $323 million per occurrence and shall be adjusted so that
265      the per-occurrence insurance requirement is equal to the
266      aggregate allowable awards to all rail passengers, against all
267      defendants, for all claims, including claims for punitive
268      damages, arising from a single accident or incident in
269      accordance with 49 U.S.C. s. 28103, or any successor provision,
270      without prior legislative approval.
271              6.      Notwithstanding any provision of this section to the
272      contrary, the liabilities of the agency to the state or any
273      other agency shall be as set forth in an agreement among such
274      entities and limited by s. 768.28(19).
275              (b)      Purchase liability insurance, which amount may not

                                                      Page 11 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




276      exceed $323 million per occurrence, which amount shall be
277      adjusted so that the per-occurrence insurance requirement is
278      equal to the aggregate allowable awards to all rail passengers,
279      against all defendants, for all claims, including claims for
280      punitive damages, arising from a single accident or incident in
281      accordance with 49 U.S.C. s. 28103, or any successor provision,
282      and establish a self-insurance retention fund for the purpose of
283      paying the deductible limit established in the insurance
284      policies it may obtain, including coverage for a county agency,
285      any freight rail operator as described in paragraph (a),
286      Brightline, commuter rail service providers, governmental
287      entities, or any ancillary development, which self-insurance
288      retention fund or deductible shall not exceed the self-insurance
289      retention amount.
290              1.      Such insurance and self-insurance retention fund may
291      provide coverage for all damages, including, but not limited to,
292      compensatory, special, and exemplary, and be maintained to
293      provide an adequate fund to cover claims and liabilities for
294      loss, injury, or damage arising out of or connected with the
295      ownership, operation, maintenance, and management of the Coastal
296      Link corridor.
297              2.      Any self-insured retention account shall be a
298      segregated account of the agency and shall be subject to the
299      same conditions, restrictions, exclusions, obligations, and
300      duties included in any and all of the policies of liability

                                                      Page 12 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




301      insurance purchased under this paragraph.
302              3.      Unless otherwise specifically provided by general law,
303      FECR and Brightline, and their respective officers, agents, and
304      employees, are not officers, agents, employees, or subdivisions
305      of the state and are not entitled to sovereign immunity.
306
307      Neither the assumption by contract to protect, defend,
308      indemnify, and hold harmless; the purchase of insurance; nor the
309      establishment of a self-insurance retention fund shall be deemed
310      to be a waiver of any defense of sovereign immunity for tort
311      claims or deemed to increase the limits of the agency's
312      liability for tort claims as provided in s. 768.28.
313              Section 3.         For the purpose of incorporating the enactment
314      of part III of chapter 343, Florida Statutes, in a reference
315      thereto, paragraph (d) of subsection (17) of section 341.302,
316      Florida Statutes, is reenacted to read:
317              341.302       Rail program; duties and responsibilities of the
318      department.—The department, in conjunction with other
319      governmental entities, including the rail enterprise and the
320      private sector, shall develop and implement a rail program of
321      statewide application designed to ensure the proper maintenance,
322      safety, revitalization, and expansion of the rail system to
323      assure its continued and increased availability to respond to
324      statewide mobility needs. Within the resources provided pursuant
325      to chapter 216, and as authorized under federal law, the

                                                      Page 13 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




326      department shall:
327              (17)        In conjunction with the acquisition, ownership,
328      construction, operation, maintenance, and management of a rail
329      corridor, have the authority to:
330              (d)     Without altering any of the rights granted to the
331      department under this section, agree to assume the obligations
332      to indemnify and insure, pursuant to s. 343.545, freight rail
333      service, intercity passenger rail service, and commuter rail
334      service on a department-owned rail corridor, whether ownership
335      is in fee or by easement, or on a rail corridor where the
336      department has the right to operate.
337
338      Neither the assumption by contract to protect, defend,
339      indemnify, and hold harmless; the purchase of insurance; nor the
340      establishment of a self-insurance retention fund shall be deemed
341      to be a waiver of any defense of sovereign immunity for torts
342      nor deemed to increase the limits of the department's or the
343      governmental entity's liability for torts as provided in s.
344      768.28. The requirements of s. 287.022(1) shall not apply to the
345      purchase of any insurance under this subsection. The provisions
346      of this subsection shall apply and inure fully as to any other
347      governmental entity providing commuter rail service and
348      constructing, operating, maintaining, or managing a rail
349      corridor on publicly owned right-of-way under contract by the
350      governmental entity with the department or a governmental entity

                                                      Page 14 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 867                                                                                            2025




351      designated by the department. Notwithstanding any law to the
352      contrary, procurement for the construction, operation,
353      maintenance, and management of any rail corridor described in
354      this subsection, whether by the department, a governmental
355      entity under contract with the department, or a governmental
356      entity designated by the department, shall be pursuant to s.
357      287.057 and shall include, but not be limited to, criteria for
358      the consideration of qualifications, technical aspects of the
359      proposal, and price. Further, any such contract for design-build
360      shall be procured pursuant to the criteria in s. 337.11(7).
361              Section 4.         This act shall take effect July 1, 2025.




                                                      Page 15 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb867-01-c1
HB 955
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 955                                                          COMPANION BILL: SB 1498 (Ingoglia)
TITLE: Employment Eligibility                                           LINKED BILLS: None
SPONSOR(S): Jacques                                                     RELATED BILLS: None
Committee References
         Industries & Professional Activities                                                            Commerce
                      12 Y, 4 N                                        

SUMMARY
Effect of the Bill:
The bill expands to all private employers the requirement to use the E-Verify system to verify each employee’s
employment eligibility, beginning on July 1, 2025.

Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.



JUMP TO                  SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill expands to all private employers the requirement to use the E-Verify system to verify each employee’s
employment eligibility, beginning on July 1, 2025. (Section 1)

The effective date of the bill is July 1, 2025. (Section 2)

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
Indeterminate. The bill may have an indeterminate fiscal impact on state agencies related to enforcement.

PRIVATE SECTOR:
Indeterminate. Businesses may have additional workload related to the use of the E-Verify system1, and some may
be subject to fines related to violations.


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida E-Verify Law
Florida’s requires the use of the E-Verify system to verify a new employee’s employment eligibility by:2

1 E-Verify, History and Milestones, https://www.e-verify.gov/about-e-verify/history-and-milestones (last visited

Mar. 28, 2025). In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which, among
other provisions, created various employment eligibility verification programs, including E-Verify. E-Verify is an Internet-
based system through which an employer can verify that a newly hired employee is authorized to work in the United States. E-
Verify is administered by DHS in partnership with the Social Security Administration. It is free for employers to use and
provides an automated link to Government records to help employers confirm the employment eligibility of employees.
STORAGE NAME: h0955b.COM
DATE: 4/4/2025
                                                                                                                                             1
        All public employers.
        Private employers with 25 or more employees.

Each employer that is required, or who volunteers, to use the E-Verify system, is required to certify on its first
return each calendar year to the tax service provider that it is in compliance with the E-Verify requirements when
making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance
system.3

The law provides requirements for employers when the system is unavailable,4 requires employers to retain
documentation of verifications,5 and prohibits an employer from continuing to knowingly employ an unauthorized
alien.6

If the E-Verify system is unavailable for the three business days after the first day a new employee begins working
and the employer cannot access the system to verify the employee’s employment eligibility, the employer must use
the I-9 Form to verify employment eligibility. The employer must document the unavailability of the system by
retaining: A screenshot each day that shows the employer’s inability to access the system; A public announcement
that the E-Verify system is not available; or Any other communication or notice regarding the unavailability of the
system.

The following entities may request, and an employer must provide, copies of any documentation relied upon by the
employer for the verification of a new employee’s employment eligibility:7
    The Department of Law Enforcement (FDLE);
    The Attorney General (AG);
    The state attorney in the circuit in which the new employee works;
    The statewide prosecutor; or
    The Department of Commerce (DC).

These entities must rely upon the Federal Government to verify an employee’s employment eligibility and may not
independently make a final determination as to whether an employee is an unauthorized alien.8

An employer that uses the E-Verify system or, if that system is unavailable, the Employment Eligibility Verification
form (Form I-9), with respect to the employment of an unauthorized alien has established a rebuttable
presumption and an affirmative defense that the employer has not violated the state prohibition on hiring
unauthorized aliens,9 with respect to such employment.10

The DC is responsible for the administration of compliance requirements, as follows:11
    Beginning July 1, 2024, if it determines that an employer failed to use the E-Verify system, the DC is
       required to:
            o Notify the employer of its determination; and
            o Provide the employer with 30 days to cure the noncompliance.
    If it determines that an employer failed to use the E-Verify system as required three times in any 24-month
       period, it must impose a fine of $1,000 per day until the employer provides proof of compliance.
    Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject
       to chapter 120, F.S., until the noncompliance is cured.


2 S. 448.095(2)(a) and (b), F.S.
3 S. 448.095(2)(b)3., F.S.
4 S. 448.095(2)(c), F.S.
5 S. 448.095(2)(d), F.S.
6 S. 448.095(2)(e), F.S.
7 S. 448.095(3)(a), F.S.
8 S. 448.095(3)(b), F.S.
9 S. 448.09, F.S.
10 S. 448.095(4)(a), F.S.
11 S. 448.095(6), F.S.


JUMP TO                     SUMMARY            ANALYSIS            RELEVANT INFORMATION            BILL HISTORY
                                                                                                                       2
        Fines must be deposited into the State Economic Enhancement and Development Trust Fund for use by the
         DC for employer outreach and public notice of the state’s employment verification laws.

E-Verify Federal Law
To use the E-Verify system, an employer must open a “case” for the employee on the system and enter basic
information from the employee’s Form I-9 (name, address, SSN) into the case.12 Then, the system checks the
submitted information to records that are available to the DHS and SSA, and issues one of the following possible
results to the employer:13
     Employment Authorized - The employee’s information matched records available to the DHS and/or SSA.
     E-Verify Needs More Time - This case was referred to the DHS for further verification.
     Tentative Nonconfirmation (Mismatch) - Information did not match records available to the DHS and/or
        SSA. Additional action is required.
     Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but more time is
        needed to determine a final case result.
     Close Case and Resubmit – The DHS or SSA requires that the employer to close the case and create a new
        case for the employee. This result may be issued when the employee’s United States passport, passport
        card, or driver’s license information is incorrect.
     Final Nonconfirmation - E-Verify cannot confirm the employee’s employment eligibility after the
        employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS closed the case
        without confirming the employee’s employment eligibility for some other reason.

If the result is Tentative Non-confirmation, then the employer must notify the employee, who must take further
action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in Continuance, then the E-
Verify system needs more time to process the case.14

E-Verify Defenses for Employers
According to federal law, an employer using the I-9 Form, establishing good faith compliance with the law, has
established an affirmative defense and a rebuttable presumption that the person or entity has not violated the
federal law with respect to such hiring, recruiting, or referring.15,16

The IRCA provides sanctions to be imposed on employers who knowingly employ aliens who are not authorized to
work.17 Federal law contains no criminal sanction for working without authorization, although document fraud is a
civil violation.18 The United States Citizenship and Immigration Services (USCIS) enforces these provisions.19




12
   E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-process (last
visited Mar. 28, 2025). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding that provides the
terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of Understanding for Employers,
https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last visited Mar. 28, 2025).
13
   Id.
14
   Id.
15
   8 U.S.C. s. 1324a(a)(3).
16
   8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
17
   8 U.S.C. s. 1324a(a)(1)-(2).
18
   8 U.S.C. s. 1324c.
19
   8 U.S.C. s. 1324a.
JUMP TO                 SUMMARY                       ANALYSIS               RELEVANT INFORMATION                 BILL HISTORY
                                                                                                                                        3
RECENT LEGISLATION:

  YEAR          BILL #          HOUSE SPONSOR(S)          SENATE SPONSOR        OTHER INFORMATION

  2023       CS/HB 1617            Michael, Jacques           Ingoglia       The bill became effective July
                                                                             1, 2023, except as otherwise
                                                                             provided.



OTHER RESOURCES:
U.S. Department of Homeland Security, E-Verify

Florida Department of Commerce, E-Verify Compliance


                                                 BILL HISTORY
                                                                            STAFF
                                                                          DIRECTOR/          ANALYSIS
COMMITTEE REFERENCE                         ACTION            DATE       POLICY CHIEF      PREPARED BY
Industries & Professional Activities        12 Y, 4 N       4/1/2025        Anstead          Thompson
Subcommittee
Commerce Committee                                                          Hamon            Thompson




JUMP TO              SUMMARY                   ANALYSIS       RELEVANT INFORMATION        BILL HISTORY
                                                                                                              4
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           HB 955                                                                                               2025




    1                                         A bill to be entitled
    2               An act relating to employment eligibility; amending s.
    3               448.095, F.S.; requiring that all private employers,
    4               rather than only those employing more than a specified
    5               number of employees, use the E-Verify system to verify
    6               a new employee's employment eligibility beginning on a
    7               specified date; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                  Section 1.        Paragraph (b) of subsection (2) of section
12         448.095, Florida Statutes, is amended to read:
13                  448.095      Employment eligibility.—
14                  (2)     EMPLOYMENT VERIFICATION.—
15                  (b)1.       A public agency shall use the E-Verify system to
16         verify a new employee's employment eligibility as required under
17         paragraph (a).
18                  2.      Beginning on July 1, 2025 2023, a private employer with
19         25 or more employees shall use the E-Verify system to verify a
20         new employee's employment eligibility as required under
21         paragraph (a).
22                  3.      Each employer required to use the E-Verify system under
23         this paragraph must certify on its first return each calendar
24         year to the tax service provider that it is in compliance with
25         this section when making contributions to or reimbursing the

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb955-00
F   L   O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        HB 955                                                                                               2025




26      state's unemployment compensation or reemployment assistance
27      system. An employer that voluntarily uses the E-Verify system
28      may also make such a certification on its first return each
29      calendar year in order to document such use.
30               Section 2.        This act shall take effect July 1, 2025.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb955-00
CS/HB 1161
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1161                                     COMPANION BILL: CS/SB 1400 (Calatayud)
TITLE: Removal of Altered Sexual Depictions Posted     LINKED BILLS: None
Without Consent                                        RELATED BILLS: None
SPONSOR(S): Duggan
Committee References
    Industries & Professional                      Judiciary                        Commerce
             Activities                          20 Y, 0 N           
          14 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill revises provisions of Florida’s deepfake law to require covered platforms, such as websites and online
services, to remove altered sexual depictions and copies of such depictions from their platform upon request of the
victim. The bill requires such platforms to establish a process for persons to notify them of deepfake depictions
and request their removal. The bill requires the platforms to remove such content within 48 hours of receiving a
request, provides liability protections for platforms that act in good faith, establishes penalties for failure to
comply, and makes such failures a violation of the Florida Deceptive and Unfair Trade Practices Act. The bill
provides an exception for certain information or telecommunications services and certain online services that do
not primarily consist of user-generated content.

The effective date of the bill is, except as otherwise provided, upon becoming law.

Fiscal or Economic Impact:
The bill may have an indeterminate economic impact on the private sector.



JUMP TO                  SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
Notice and Removal Process
The bill revises provisions of Florida’s deepfake law, as follows:
   • Names the act, “Brooke’s Law.” (Section 1)
   • Requires, no later than December 31, 2025, covered platforms to establish a process by which an
        identifiable person or an authorized person acting on behalf of the identifiable person may notify and
        request removal of an altered sexual depiction that was published without their consent.
   • Requires the notification and request for removal to include:
            o A physical or electronic signature of the identifiable person or an authorized person acting on their
                behalf.
            o An identification of, and information reasonably sufficient for the covered platform to locate, the
                altered sexual depiction of the identifiable person.
            o A brief statement that the identifiable person has a good faith belief that any altered sexual
                depiction identified is not consensual, including any relevant information for the covered platform
                to determine the depiction was published without consent.
            o Information sufficient to enable the covered platform to contact the identifiable person or
                authorized person. (Section 2)

Clear and Conspicuous Notice
STORAGE NAME: h1161d.COM
DATE: 4/4/2025
                                                                                                                                             1
The bill requires a covered platform to provide clear and conspicuous notice of the notice and removal process,
which:
   • Is easy to read and in plain language.
   • Provides information regarding the responsibilities of the covered platform under the bill.
   • Includes a description of how a person can submit a notification and request for removal. (Section 2)

The bill requires, upon receipt of a valid removal request, as soon as possible but no later than 48 hours, the
covered platform to remove the altered sexual depiction and make reasonable efforts to identify and remove any
known, identical copies of such depiction. (Section 2)

The bill exempts:
   • Providers of information services or telecommunications services, as those terms are defined in 47 U.S.C. s.
        153, for content provided by another person.
   • Electronic mail.
   • Except as otherwise provided, an online service, application, or website:
            o That consists primarily of preselected content by the provider, rather than content that is user
                generated; and
            o For which any chat, comment, or interactive functionality is incidental to, directly related to, or
                dependent on the provision of the content described above. (Section 2)

The bill defines “covered platform” as a website, online service, online application, or mobile application that
serves the public and:
    • Primarily provides a forum for user-generated content, including messages, videos, images, games, and
        audio files; or
    • For which it is in the regular course of trade or business of the website, online service, online application,
        or mobile application to publish, curate, host, or make available content of nonconsensual altered sexual
        depictions. (Section 2)

Liability
The bill provides that a covered platform is not liable for any claim based on the platform’s good faith removal of
material claimed to be a nonconsensual altered sexual depiction, regardless of whether the altered sexual depiction
is ultimately found to be unlawful. (Section 2)

Remedies
In addition to the remedies provided in s. 836.13(5), F.S., which authorize a person who is portrayed in an altered
sexual depiction without his or her consent to initiate a civil cause of action against a person who willfully and
maliciously promoted such depiction, a failure to comply with the notice and removal requirements of the bill
constitutes an unfair or deceptive act or practice under the Florida Deceptive and Unfair Trade Practices Act.
(Section 2)

Effective Date
The bill takes effect upon becoming law. (Section 3)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
Indeterminate. The bill provides notification and removal requirements, and civil penalties for noncompliance, for
businesses considered a covered platform. The cost of compliance and number of violations for noncompliance is
unknown.




JUMP TO              SUMMARY                    ANALYSIS            RELEVANT INFORMATION            BILL HISTORY
                                                                                                                       2
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Nonconsensual Altered Sexual Depictions
Over the last decade, Americans have started to recognize the growing problem of distribution of sexually explicit
images without consent, otherwise known as “revenge porn.”1 Although Florida and other states have enacted
protections against revenge porn, there are still instances in which a person may be a victim of nonconsensual
pornography in the form of altered sexual depictions, more commonly known as “deepfakes.”2 Deepfakes typically
take the form of imagery, video, and audio material that “is produced or distributed without the consent of the
subject and has been altered, potentially with artificial intelligence, to show nonconsensual intimate or explicit
content.”3 Advancements in technology, such as increased availability and usage of generative AI, have enabled
perpetrators to manipulate sexual materials in ways that circumvent revenge porn laws. For example, “if a photo
depicted the victim nude, where the victim’s face was real, but the victim’s genitals were computer generated,
many laws would not apply because the intimate part of the image was not the victim’s.”4

Researchers have discovered that 98% of the deepfake videos found online are explicitly pornographic and 99% of
deepfake pornography features women.5 Moreover, the creation of deepfake pornography is rapidly increasing, as
researchers found that there were 464% more deepfake pornographic videos created in 2023 than in 2022.6
Further, 90% of deepfake pornography is found on dedicated deepfake pornography platforms.7 In response to the
prevalence of deepfakes, the Department of Homeland Security has declared that “[d]eepfakes and the misuse of
synthetic content pose a clear, present, and evolving threat to the public across national security, law enforcement,
financial, and societal domains.”8

Florida Deepfake Law
In 2022, the Florida Legislature created s. 836.13, F.S., to address deepfake images by providing a third degree
felony for the willful and malicious promotion of any altered sexual depiction of an identifiable person, without the
consent of the identifiable person, and if the person knew or reasonably should have known that such visual
depiction was an altered sexual depiction.9

“Altered sexual depiction” means any visual depiction10 that, as a result of any type of digital, electronic,
mechanical, or other modification, alteration, or adaptation, depicts a realistic version of an identifiable person:11

1
  “In 2016, 10 million people, or 2% of Americans had reported being victims of nonconsensual porn. Individuals ages 18-29
generally, and women aged 18-29 specifically, as well as LGTBQ+ Americans were victimized at even higher rates. In 2017, the
number of young Americans ages 18-29 who had become victims of nonconsensual porn jumped to 12%, an increase of over 100%. In
2019, a larger study suggests that the problem has only grown, showing a 400% increase in the number of victims from 2016. Taken
as a whole, these statistics show the number of victims continues to rise at an alarming rate even though both the legal system and
society as a whole have attempted to address the issue.” Chance Carter, NAT’L ASS’N OF ATT’Y GEN., An Update on the Legal
Landscape of Revenge Porn, https://www.naag.org/attorney-general-journal/an-update-on-the-legal-landscape-of-revenge-
porn/#identifier_4_21493 (last visited Mar. 21, 2025).
2
  RAINN, RAINN’s Recommendation for Effectively Addressing Nonconsensual Manipulated Intimate Material (Deepfakes),
https://www.rainn.org/sites/default/files/import/RAINN%20on%20nonconsensual%20manipulated%20intimate%20material%20-
%20Google%20Docs.pdf#:~:text=We%20refer%20to%20imagery%2C%20video%2C%20audio%2C%20etc.%20that,or%20explicit
%20content%20as%20%E2%80%9Cnonconsensual%20manipulated%20intimate%20material%E2%80%9D (last visited Mar. 21,
2025).; see also DEPT. OF HOMELAND SEC., Increasing Threat of Deepfake Identities,
cations/increasing_threats_of_deepfake_identities_0.pdf (last visited Mar. 21, 2025).
3
  Id.
4
  RAINN, supra note 2.
5
  Security Hero, 2023 State of Deepfakes, https://www.securityhero.io/state-of-deepfakes/#concluding-remarks (last visited Mar. 21,
2025).
6
  Id.
7
  Id.
8
  DEPT. OF HOMELAND SEC., supra note 2.
9
  See s. 836.13, F.S.
10
   “Visual depiction” includes, but is not limited to, a photograph, picture, image, motion picture, film, video, or other visual
representation. S. 836.13(1)(e), F.S.
11
   “Identifiable person” means a person who is recognizable as an actual person by the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark, or other recognizable feature. S. 836.13(1)(b), F.S.
JUMP TO                 SUMMARY                       ANALYSIS                RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                      3
        With the nude body parts12 of another person as the nude body parts of the identifiable person;
        With computer-generated nude body parts as the nude body parts of the identifiable person; or
        Engaging in sexual conduct13 in which the identifiable person did not engage.14

The presence of a disclaimer within an altered sexual depiction which notifies a viewer that the person or persons
depicted did not consent to or participate in the creation or promotion of the material, or that the person or
persons depicted did not actually perform the actions portrayed, is not a defense and does not relieve a person of
criminal liability for promoting an altered sexual depiction.15

The law authorizes the following civil remedies for victims:
   • Injunctive relief;
   • Monetary damages of $10,000 or actual damages; and
   • Reasonable attorney’s fees and costs.16

While this statute may be used by victims to obtain justice from violations regarding deepfake pornography, the
statute does not currently provide for the removal of such content from online platforms.

Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a consumer and business protection measure
that prohibits unfair methods of competition, and unconscionable, deceptive, or unfair acts or practices in the
conduct of trade or commerce.17 FDUTPA was modeled after the FTC Act.18

The Department of Legal Affairs (DLA) or state attorney’s office (SAO) in the judicial circuit affected or where the
violation occurs may bring actions on behalf of consumers or governmental entities when it serves the public
interest.19 The SAO may enforce violations of FDUTPA if the violations take place within its jurisdiction. The DLA
has enforcement authority when the violation is multi-jurisdictional, the state attorney defers to the DLA in
writing, or the state attorney fails to act within 90 days after a written complaint is filed.20 In certain
circumstances, consumers may also file suit through private actions.21

The DLA and the SAO have powers to investigate FDUTPA claims, which include:22
   • Administering oaths and affirmations;
   • Subpoenaing witnesses or matter; and
   • Collecting evidence.

The DLA and SAO may seek the following remedies:
   • Declaratory judgments;
   • Injunctive relief;

12
   “Nude body parts” means the human male or female genitals, pubic area, or buttocks with less than fully opaque covering; or the
female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. The term does not under any circumstances include a mother breastfeeding her baby. S.
836.13(1)(c), F.S.
13
   S. 847.001(19), F.S.
14
   S. 836.13(1)(a), F.S.
15
   S. 836.13(4), F.S.
16
   S. 836.13(5), F.S.
17
   S. 501.201, F.S.
18
   D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV.
1083 (Summer 2011).
19
   Ss. 501.203(2) and s. 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct,
Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the
merits of FDUPTA and the potential for deterrence of anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!O
penDocument&Highlight=0,business,Division* (last visited on Mar. 21, 2025).
20
   S. 501.203(2), F.S.
21
   S. 501.211, F.S.
22
   S. 501.206(1), F.S.
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                   4
      •    Actual damages on behalf of consumers and businesses;
      •    Cease and desist orders; and
      •    Civil penalties of up to $10,000 per willful violation.23

FDUTPA may not be applied to certain entities in certain circumstances, including:24
   • Any person or activity regulated under laws administered by the Office of Insurance Regulation or the
     Department of Financial Services; or
   • Banks, credit unions, and savings and loan associations regulated by the Office of Financial Regulation or
     federal agencies.


RECENT LEGISLATION:

     YEAR            BILL #             HOUSE SPONSOR(S)                    SENATE SPONSOR                   OTHER INFORMATION

     2022       CS/CS/SB 1798                   Harding                              Book                The bill became law on
                                                                                                         October 1, 2022.



OTHER RESOURCES:
Thomson Reuters, Deepfakes: Federal and state regulation aims to curb a growing threat.


                                                            BILL HISTORY
                                                                                                      STAFF
                                                                                                    DIRECTOR/
                                                                                                   ANALYSIS
COMMITTEE REFERENCE                          ACTION                DATE                            POLICY CHIEF
                                                                                                 PREPARED BY
Industries & Professional Activities      14 Y, 0 N, As CS     3/19/2025                              Anstead
                                                                                                   Thompson
Subcommittee
THE CHANGES ADOPTED BY THE Revises the exemption for certain providers of “broadband Internet service,” to
COMMITTEE:                           instead exempt providers of “information or telecommunications services.”
Judiciary Committee                          20 Y, 0 N         3/26/2025            Kramer           Leshko

Commerce Committee                                                                                      Hamon                Thompson


       -------------------------------------------------------------------------------------------------------------------------------------
     THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
       -------------------------------------------------------------------------------------------------------------------------------------




23
   Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may also
request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
24
   S. 501.212(4), F.S.
JUMP TO                    SUMMARY                         ANALYSIS                RELEVANT INFORMATION                  BILL HISTORY
                                                                                                                                               5
F   L      O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 1161                                                                                           2025




    1                                         A bill to be entitled
    2              An act relating to removal of altered sexual
    3              depictions posted without consent; providing a short
    4              title; amending s. 836.13, F.S.; defining the term
    5              "covered platform"; requiring covered platforms to
    6              establish a process for removal of altered sexual
    7              depictions posted without the consent of the
    8              identifiable person; providing requirements for such a
    9              process; requiring notice of such a process; providing
10                 immunity for good faith compliance; prohibiting
11                 unreasonable failure to comply; providing remedies;
12                 providing exceptions; providing an effective date.
13
14         Be It Enacted by the Legislature of the State of Florida:
15
16                 Section 1.         This act may be cited as "Brooke's Law."
17                 Section 2.         Paragraphs (b) through (e) of subsection (1) of
18         section 836.13, Florida Statutes, are redesignated as paragraphs
19         (c) through (f), respectively, a new paragraph (b) is added to
20         that subsection, subsections (6), (7), and (8) of that section
21         are renumbered as subsections (7), (8), and (9), respectively,
22         and a new subsection (6) is added to that section, to read:
23                 836.13       Promotion of an altered sexual depiction;
24         prohibited acts; penalties; applicability.—
25                 (1)     As used in this section, the term:

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb1161-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 1161                                                                                           2025




26              (b)      "Covered platform" means a website, online service,
27      online application, or mobile application that serves the public
28      and:
29              1.      That primarily provides a forum for user-generated
30      content, including messages, videos, images, games, and audio
31      files; or
32              2.      For which it is in the regular course of trade or
33      business of the website, online service, online application, or
34      mobile application to publish, curate, host, or make available
35      content of nonconsensual altered sexual depictions.
36              (6)(a)       No later than December 31, 2025, a covered platform
37      shall establish a process whereby an identifiable person or an
38      authorized person acting on behalf of such person may:
39              1.      Notify the covered platform of an altered sexual
40      depiction published on the covered platform which includes a
41      depiction of the identifiable person and was published without
42      the consent of the identifiable person; and
43              2.      Submit a request for the covered platform to remove
44      such altered sexual depiction.
45              (b)      A notification and request for removal of an altered
46      sexual depiction submitted under the process in paragraph (a)
47      shall include, in writing:
48              1.      A physical or electronic signature of the identifiable
49      person or authorized person.
50              2.      An identification of, and information reasonably

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb1161-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 1161                                                                                           2025




51      sufficient for the covered platform to locate, the altered
52      sexual depiction of the identifiable person.
53              3.      A brief statement that the identifiable person has a
54      good faith belief that any altered sexual depiction identified
55      under subparagraph 2. is not consensual, including any relevant
56      information for the covered platform to determine the altered
57      sexual depiction was published without the consent of the
58      identifiable person.
59              4.      Information sufficient to enable the covered platform
60      to contact the identifiable person or authorized person.
61              (c)      A covered platform shall provide on the platform a
62      clear and conspicuous notice, which may be provided through a
63      clear and conspicuous link to another web page or disclosure, of
64      the notice and removal process established under paragraph (a)
65      which:
66              1.      Is easy to read and in plain language.
67              2.      Provides information regarding the responsibilities of
68      the covered platform under this subsection, including a
69      description of how a person can submit a notification and
70      request for removal.
71              (d)      Upon receiving a valid removal request from an
72      identifiable person or an authorized person using the process
73      described in paragraph (a), a covered platform shall, as soon as
74      possible, but not later than 48 hours after receiving such
75      request:

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb1161-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 1161                                                                                           2025




76               1.      Remove the altered sexual depiction.
77               2.      Make reasonable efforts to identify and remove any
78       known identical copies of such altered sexual depiction.
79               (e)      A covered platform shall not be liable for any claim
80       based on the covered platform's good faith disabling of access
81       to, or removal of, material claimed to be a nonconsensual
82       altered sexual depiction based on facts or circumstances from
83       which the unlawful publishing of an altered sexual depiction is
84       apparent, regardless of whether the altered sexual depiction is
85       ultimately determined to be unlawful.
86               (f)      In addition to the remedies under subsection (5), a
87       failure to reasonably comply with the notice and removal
88       obligations under this subsection shall be treated as a an
89       unfair or a deceptive act or practice under part II of chapter
90       501, and the person or entity responsible shall be subject to
91       the penalties and remedies provided in part II of chapter 501.
92               (g)      This subsection does not apply to the following:
93               1.      An information service or a telecommunications service,
94       as those terms are defined in 47 U.S.C. s. 153, providing
95       services for content provided by another person.
96               2.      Electronic mail.
97               3.      Except as provided in subparagraph (1)(b)2., an online
98       service, application, or website:
99               a.      That consists primarily of content that is not user
100      generated but is preselected by the provider of such online

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb1161-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 1161                                                                                           2025




101      service, application, or website; and
102              b.      For which any chat, comment, or interactive
103      functionality is incidental to, directly related to, or
104      dependent on the provision of the content described in
105      subparagraph a.
106              Section 3.         This act shall take effect upon becoming a law.




                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb1161-01-c1
                            COMMERCE COMMITTEE

                         CS/HB 1161 by Rep. Duggan
         Removal of Altered Sexual Depictions Posted without Consent

                            AMENDMENT SUMMARY
                                April 7, 2025

Amendment 1 by Rep. Duggan (between lines 105-106):
  • Provides a severability clause.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 1161   (2025)
       Amendment No. 1




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


1      Committee/Subcommittee hearing bill:       Commerce Committee
2      Representative Duggan offered the following:
3
4           Amendment (with title amendment)
5           Between lines 105 and 106, insert:
6           (9)    If any provision of this act or its application to any
7      person or circumstance is held invalid, that provision or its
8      application is severable and does not affect the validity of the
9      other provisions or applications of this subsection.
10
11             -----------------------------------------------------
12                          T I T L E    A M E N D M E N T
13          Remove line 12 and insert:
14          providing exceptions; providing severability;
15          providing an effective date.


     527775 - h1161-line 105.docx
     Published On: 4/4/2025 1:47:39 PM
                                    Page 1 of 1


File and source

File
2025-04-07_3285_commerce-committee_meeting-packets_mtg14721.pdf
Size
4,968,601 bytes
SHA-256
9d3405a3402b94d18fadae8fd9c2558dfedee574d0964cb22bc4d3600d443f45
Our copy
2025-04-07_3285_commerce-committee_meeting-packets_mtg14721.pdf
Original
No public link identified.
Back to top