Post-Meeting Packet - Florida Senate Commerce and Tourism Committee, January 13, 2026

Summary

A post-meeting packet for the Florida Senate Commerce and Tourism Committee meeting of Tuesday, January 13, 2026, 4:00—6:00 p.m., with Senator Leek as Chair. The expanded agenda lists SB 386 Farm Equipment, SB 528 Manufacturing, SB 806 Consumers' Right to Repair Certain Equipment, SB 696 Registration of Trademarks, SB 930 Florida Retirement Savings Task Force, SB 898 Online Media Transparency, SB 826 Gift Certificates and other bills, with committee actions such as Favorable (Yeas 10 Nays 0) for SB 386 and Temporarily Postponed for SB 898. The packet also contains pages for SB 386 discussing farm equipment lemon law provisions, and Florida Senate appearance record forms.

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

Cite this document

“Post-Meeting Packet - Florida Senate Commerce and Tourism Committee, January 13, 2026.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-13-post-meeting-packet-8032-0a4c3157d3/, SHA-256 bb5e96787d31eb9127775d4374bca04467444b1d44670f4c0281aff0ff3b72d0.

Full text

01/13/2026 - Commerce and Tourism (4:00 PM - 6:00 PM) 2026 Regular Session
Customized 01/15/2026 12:13 PM
Tab

Tab 1 SB 386 by Trumbull; Identical to H 00637 Farm Equipment

Tab 2 SB 528 by Truenow; Identical to H 00483 Manufacturing

Tab 3 SB 806 by Truenow; Similar to H 01255 Consumers’ Right to Repair Certain Equipment

Tab 4 SB 696 by Martin; Similar to CS/H 00679 Registration of Trademarks

Tab 5 SB 930 by Martin; Identical to H 01357 Florida Retirement Savings Task Force

SB 874 by Gaetz; Identical to H 00879 Professional Licensure Reciprocity for the Practice of Surveying and
Tab 6
Mapping

Tab 7 SB 898 by Garcia; Online Media Transparency
652430 D S L CM, Garcia Delete everything after 01/13 03:14 PM

Tab 8 SB 826 by Leek; Identical to H 00707 Gift Certificates

Tab 9 SB 838 by Yarborough; Similar to H 00959 Electronic Payments of Retail Installment Contracts
254968 A S RCS CM, Yarborough Delete L.31 - 35: 01/14 08:23 AM

Page 1 of 1
2026 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Leek, Chair
Senator Arrington, Vice Chair

MEETING DATE: Tuesday, January 13, 2026
TIME: 4:00—6:00 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building

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

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

1 SB 386 Farm Equipment; Authorizing a consumer to report Favorable
Trumbull farm equipment that is defective and does not Yeas 10 Nays 0
(Identical H 637) conform to specified warranties to the manufacturer
or its authorized service agent during a specified
timeframe to allow the manufacturer or its authorized
agent to conform such farm equipment to such
warranty; requiring the manufacturer or its authorized
agent to make such repairs to conform the farm
equipment to the warranty upon receipt of such
report, etc.

AG 12/02/2025 Favorable
CM 01/13/2026 Favorable
RC

2 SB 528 Manufacturing; Revising the duties of the Department Favorable
Truenow of Commerce; establishing the Chief Manufacturing Yeas 9 Nays 0
(Identical H 483) Officer among the senior leadership of the
department for a specified purpose; creating the
Florida Manufacturers’ Workforce Development Grant
Program within the department; providing that the
grant program is under the direction of the Chief
Manufacturing Officer in consultation with the National
Institute of Standards and Technology Manufacturing
Extension Partnership organization in this state;
requiring the department to administer the grant
awards from the Economic Development Trust Fund,
etc.

CM 01/13/2026 Favorable
ATD
AP

S-036 (10/2008)
01132026.1728 Page 1 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 13, 2026, 4:00—6:00 p.m.

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

3 SB 806 Consumers’ Right to Repair Certain Equipment; Favorable
Truenow Creating the "Portable Wireless Device Repair Act"; Yeas 10 Nays 0
(Similar H 1255, Compare CS/H requiring portable wireless device manufacturers to
487, S 586) make certain items available to device owners and
independent repair providers; prohibiting certain
manufacturers from requiring authorized repair
providers to continue purchasing certain information
in a proprietary format; requiring original equipment
manufacturers of agricultural equipment to make
certain diagnostic and repair information available for
no charge and in a certain manner to independent
repair providers and owners, etc.

CM 01/13/2026 Favorable
AG
RC

4 SB 696 Registration of Trademarks; Removing provisions Favorable
Martin relating to the classification of goods and services for Yeas 10 Nays 0
(Similar S 476, Identical H 679) trademark purposes; requiring the Department of
State to adopt a federal system of classification each
year; requiring publication of the classification as part
of the trademark registration application; requiring the
department to establish and maintain a secure
Internet website that allows submission of an online
trademark registration application and renewal
application, etc.

CM 01/13/2026 Favorable
ATD
RC

5 SB 930 Florida Retirement Savings Task Force; Citing this act Favorable
Martin as the “Florida Retirement Savings Task Force Act”; Yeas 10 Nays 0
(Identical H 1357) creating the Florida Retirement Savings Task Force
adjunct to the Department of Commerce; requiring the
department to provide administrative, technical, and
staff support to the task force; providing that members
serve without compensation but are entitled to per
diem and travel reimbursement; authorizing the task
force to receive confidential and exempt information
under specified conditions, etc.

CM 01/13/2026 Favorable
GO
AP

S-036 (10/2008)
01132026.1728 Page 2 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 13, 2026, 4:00—6:00 p.m.

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

6 SB 874 Professional Licensure Reciprocity for the Practice of Favorable
Gaetz Surveying and Mapping; Revising the requirements Yeas 10 Nays 0
(Identical H 879) for applicants eligible to be qualified for licensure by
endorsement by the Board of Professional Surveyors
and Mappers to include applicants from outside of the
state who meet certain requirements; authorizing the
board to require and independently evaluate certain
documents and information, etc.

CM 01/13/2026 Favorable
AEG
RC

7 SB 898 Online Media Transparency; Creating the "Online Temporarily Postponed
Garcia Media Transparency Act"; requiring certain content
creators to clearly and conspicuously disclose any
sponsorship within any related media content;
providing that failure to disclose a sponsorship
constitutes an unfair or deceptive act or practice;
requiring a content creator who receives sponsorship
from a foreign principal of a foreign country to file a
certain disclosure with the Department of State, etc.

CM 01/13/2026 Temporarily Postponed
JU
FP

8 SB 826 Gift Certificates; Revising the definition of the term Favorable
Leek “gift certificate”; deleting provisions authorizing the Yeas 10 Nays 0
(Identical H 707) expiration of a gift certificate under specified
circumstances, etc.

CM 01/13/2026 Favorable
BI
RC

9 SB 838 Electronic Payments of Retail Installment Contracts; Fav/CS
Yarborough Defining the term “electronic payment”; authorizing a Yeas 10 Nays 0
(Similar H 959) holder of a retail installment contract, or its agent, to
collect a fee for processing a retail buyer’s electronic
payment only if certain conditions are met, etc.

CM 01/13/2026 Fav/CS
BI
RC

Other Related Meeting Documents

S-036 (10/2008)
01132026.1728 Page 3 of 3
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL: SB 386
INTRODUCER: Senator Trumbull
SUBJECT: Farm Equipment
DATE: January 12, 2026 REVISED:

ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Becker Becker AG Favorable
2. McMillan McKay CM Favorable
3. RC

I. Summary:

SB 386 creates a process for consumers and manufacturers to remedy defective farm equipment.

If farm equipment is defective and does not conform to all applicable express written warranties,
the bill permits a consumer to report the defect to the manufacturer or its authorized service
agent during the manufacturer’s warranty period or during the 1-year period following the
original delivery date of the farm equipment to allow the manufacturer or its authorized agent the
opportunity to conform the equipment to the warranty.

The bill requires a manufacturer to replace defective farm equipment with comparable farm
equipment or accept the return of the defective equipment from the consumer and refund the
consumer the purchase price and related fees if the manufacturer or its authorized dealer cannot
or otherwise fails to conform the farm equipment to any applicable express written warranty.
This does not limit or impair the rights or remedies which are otherwise available to a consumer
under chapter 681, F.S.

The bill is effective July 1, 2026.

II. Present Situation:

Lemon Law

Section 681.10, F.S., is the Florida “Motor Vehicle Warranty Enforcement Act” (Act).1 The
intent of this Act is that a good faith motor vehicle warranty complaint by a consumer be

1
Section 681.10, F.S.
BILL: SB 386 Page 2

resolved by the manufacturer2 within a specified timeframe.3 Ultimately, Florida’s “lemon law”
provides remedies for consumers who purchase or lease new motor vehicles with
“nonconformities”4 that have not been corrected within a reasonable number of attempts.5

Nonconformity of Motor Vehicles
A manufacturer of a motor vehicle notified of a defect in the vehicle by the consumer within 24
months6 of the delivery of the vehicle to the consumer, must make repairs to the vehicle so that it
conforms to the warranty on the vehicle.7 After three attempts to repair the nonconformity, the
consumer must give written notice by certified or express mail to the manufacturer, allowing the
manufacturer one final chance to repair the vehicle.8

If the manufacturer cannot repair the vehicle to conform to the warranty after this final attempt,
the manufacturer, within 40 days, must either repurchase the vehicle and refund the full purchase
price to the consumer, less a reasonable offset for use,9 or if the consumer pays a reasonable
offset for use, replace the vehicle with a vehicle acceptable to the consumer.10 However, if a
manufacturer establishes a procedure that the Department of Legal Affairs (DLA) certifies as
complying with the informal dispute settlement procedures in the Code of Federal Regulations,11
and informs the consumer about how to file a claim, the consumer must follow that procedure
before he or she can either receive a refund or a replacement vehicle.12

In order to have such a procedure certified, the manufacturer must submit the procedure to the
DLA, and the DLA must certify the procedure, notify the manufacturer of any deficiencies in the
application or the procedure, or deny certification.13

2
Section 681.102(13), F.S., defines “manufacturer” as any person, whether a resident or nonresident of Florida, who
manufactures or assembles motor vehicles, or who manufactures or assembles chassis for recreational vehicles, or who
manufactures or installs on previously assembled truck or recreational vehicle chassis special bodies or equipment which,
when installed, forms an integral part of the motor vehicle, or a “distributor” or an “importer” as those terms are defined in s.
320.60, F.S. A “dealer” as defined in s. 320.60, F.S. may not be deemed to be a manufacturer, a distributor, or an importer.
3
Section 681.101, F.S. However, it is not the intent of the Legislature that a consumer establish the presumption of a
reasonable number of attempts as to each manufacturer that provides a warranty directly to the consumer.
4
Section 681.102 (15), F.S., definiens “nonconformity” as a defect or condition that substantially impairs the use, value, or
safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect,
modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
5
See id. Section 681.104, F.S., provides that a “reasonable” number of attempts is three or more unsuccessful attempts for the
same nonconformity, as well as allowing the manufacturer one final attempt after receiving written notification from the
consumer by registered or express mail.
6
This is called the “lemon law rights period.” See s. 681.102(9), F.S.
7
Section 681.103(1), F.S.
8
Section 681.104(1), F.S.
9
Section 681.102(19), F.S., defines “reasonable offset for use” as the number of miles attributable to a consumer up to the
date of a settlement agreement or arbitration hearing, whichever occurs first, multiplied by the base selling or sale price of the
vehicle as reflected on the purchase invoice, exclusive of taxes, government fees, and dealer fees, or in the case of a lease, the
agreed upon value as reflected in the lease agreement and divided by 120,000, except in the case of a recreational vehicle, in
which event it must be divided by 60,000.
10
Section 681.104(2)(a), F.S.
11
See 16 C.F.R. part 703. This regulation provides rules for “Informal Dispute Mechanisms” under the Magnuson-Moss
Warranty Act.
12
Section 601.108(1), F.S.
13
Section 681.108(2), F.S. The DLA is required to review each certified procedure annually.
BILL: SB 386 Page 3

If a manufacturer has a certified procedure and the consumer and manufacturer cannot reach a
decision on a dispute by use of the certified procedure, within 40 days after filing, the consumer
may apply to the DLA to have the dispute removed to the Florida New Motor Vehicle Board for
arbitration.14 If the DLA determines that it does not have sufficient evidence to resolve the
dispute after providing the consumer with an opportunity to present additional evidence, the
DLA may reject arbitration. If a dispute is rejected, the DLA must, by registered mail, notify the
consumer and manufacturer and provide a brief explanation.15

A violation by a manufacturer of the “lemon law,” is considered an unfair or deceptive trade
practice.16 Additionally, a consumer may file an action to recover damages caused by a violation
of the “lemon law,” and the court must award a consumer who prevails in such action the amount
of any pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable
relief.17

Farm Equipment

Currently, Florida does not have a “lemon law” specific to farm equipment, however, s. 604.40,
F.S., permits all power-drawn, power-driven, or self-propelled equipment used on a farm or used
to transport farm products to be stored, maintained, or repaired by the owner of such equipment
within the boundaries of the owner’s farm and at least 50 feet away from any public road without
limitation.18

The federal Magnuson-Moss Warranty Act only covers warranties for products normally used
for personal, family, or household purposes, and since most farm equipment is used in the
business or occupation of farming, it is not covered under that law.19 To remedy this gap, some
states, including Arkansas and South Dakota have passed lemon laws that specifically cover farm
equipment.20

III. Effect of Proposed Changes:

Section 1 amends s. 604.40, F.S., to provide a process for protection against defective farm
equipment. The bill defines “farm equipment” to mean all power-drawn, power-driven, or self-
propelled equipment used on a farm or to transport farm products.

14
Section 681.109(1), F.S.
15
Section 681.109(8), F.S.
16
Section 681.111, F.S.
17
Section 681.112(1), F.S. An action must be commenced within 1 year after the expiration of the lemon law rights period.
18
Section 604.40, F.S.
19
See 15 U.S.C. §§ 2301–2312.
20
See Ark. Code Ann. §§ 4-96-301–308 and S.D. Cod. Laws §§ 32-6D-1 through 32-6D-9. Minnesota and Virginia have had
a “lemon law” specific to farm equipment for decades. See Minn. Stat. §§ 325F.6651 through 325F.6659 and Va. Code §
59.1-207.8. The basic structure of a farm equipment lemon law is similar to a motor vehicle lemon law and requires re-
purchase or replacement of the equipment if there is a nonconformity that has not been repaired within a reasonable number
of attempts.
BILL: SB 386 Page 4

original delivery date of the equipment to the consumer to allow the manufacturer or its
authorized agent the opportunity to conform the equipment to the warranty. Upon receipt of such
report, the manufacturer or its authorized agent must make such repairs as are necessary to
conform the equipment to the warranty at no cost to the customer.

The bill requires the manufacturer or its authorized agent to replace the farm equipment with
comparable farm equipment, or accept the return of the defective equipment from the consumer
and refund the consumer the cash purchase price, including sales tax, license fees, registration
fees, and any similar governmental charges if the manufacturer or its authorized dealer is not
able to or otherwise fails to conform the farm equipment to any applicable express written
warranty after a reasonable number of attempts.

It is presumed that the manufacturer has made a reasonable number of attempts to conform the
farm equipment to the applicable express warranties if the same nonconformity has been the
subject of repair three or more times by the manufacturer or its authorized agent, but the
nonconformity continues to exist. This presumption only applies when the manufacturer or its
authorized agent has received prior direct written notification from or on behalf of the consumer
and has been offered an opportunity to cure the alleged defect.

The bill provides that it is an affirmative defense to any claim under ch. 604, F.S., that an alleged
nonconformity does not substantially impair the farm equipment’s use and market value, or a
nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm
equipment not authorized by the manufacturer.

The bill does not limit or impair the rights or remedies which are otherwise available to a
consumer under ch. 681, F.S. Further, any consumer who suffers a loss by reason of a violation
of ch. 604, F.S., may bring a civil action to enforce such provision.

Section 2 provides that the bill takes effect July 1, 2026.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.
BILL: SB 386 Page 5

E. Other Constitutional Issues:

Florida’s contracts clause states that “no bill of attainder, ex post facto law or law
impairing the obligation of contracts shall be passed.”21 Regarding the impairment of an
existing contract by the retroactive application of a statute, the Florida Supreme Court
recently said:

“[V]irtually no degree of contract impairment is tolerable.” However, we also
recognized that the holding that “virtually” no impairment is tolerable
“necessarily implies that some impairment is tolerable.” The question thus
becomes how much impairment is tolerable and how to determine that amount.
To answer that question, in Pomponio we proposed a balancing test that
“allow[ed] the court to consider the actual effect of the provision on the contract
and to balance a party’s interest in not having the contract impaired against the
State’s source of authority and the evil sought to be remedied.” “[T]his becomes a
balancing process to determine whether the nature and extent of the impairment is
constitutionally tolerable in light of the importance of the State’s objective, or
whether it unreasonably intrudes into the parties’ bargain to a degree greater than
is necessary to achieve that objective.”

An impairment may be constitutional if it is reasonable and necessary to serve an
important public purpose. However, where the impairment is severe, “[t]he
severity of the impairment is said to increase the level of scrutiny to which the
legislation will be subjected.” There must be a “significant and legitimate public
purpose behind the regulation.”22

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

Florida consumers will have a process to remedy defective farm equipment.

C. Government Sector Impact:

None.

VI. Technical Deficiencies:

None.

21
FLA. CONST. art. I, s. 10.
22
Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State, 209 So. 3d 1181, 1192 (Fla. 2017).
BILL: SB 386 Page 6

VII. Related Issues:

For clarity, the bill may need to define certain terms.

VIII. Statutes Affected:

This bill substantially amends section 604.40 of the Florida Statutes.

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 386 Florida Senate - 2026 SB 386

By Senator Trumbull

2-00198-26 2026386__ 2-00198-26 2026386__
1 A bill to be entitled 30 used on a farm or used to transport farm products.
2 An act relating to farm equipment; amending s. 604.40, 31 (2) Notwithstanding any other law, ordinance, rule, or
3 F.S.; defining the term “farm equipment”; conforming 32 policy to the contrary, farm equipment all power-drawn, power-
4 provisions to changes made by the act; authorizing a 33 driven, or self-propelled equipment used on a farm or used to
5 consumer to report farm equipment that is defective 34 transport farm products may be stored, maintained, or repaired
6 and does not conform to specified warranties to the 35 by the owner within the boundaries of the owner’s farm and at
7 manufacturer or its authorized service agent during a 36 least 50 feet away from any public road without limitation.
8 specified timeframe to allow the manufacturer or its 37 (2) This subsection section does not apply to farm
9 authorized agent to conform such farm equipment to 38 equipment that is used in urban agriculture, as defined in s.
10 such warranty; requiring the manufacturer or its 39 604.73(3).
11 authorized agent to make such repairs to conform the 40 (3)(a) If farm equipment is defective and does not conform
12 farm equipment to the warranty upon receipt of such 41 to all applicable express written warranties, the consumer may
13 report; requiring that such repairs be at no cost to 42 report the defect to the manufacturer or its authorized service
14 the consumer; requiring the manufacturer or its 43 agent during the manufacturer’s warranty period or during the 1-
15 authorized agent to replace or accept the return of 44 year period following the original delivery date of the farm
16 the defective farm equipment under certain 45 equipment to the consumer to allow the manufacturer or its
17 circumstances; providing a presumption; providing for 46 authorized agent the opportunity to conform the farm equipment
18 the nonapplicability of the presumption; providing 47 to the warranty. Upon receipt of such report, the manufacturer
19 affirmative defenses; providing civil remedies; 48 or its authorized agent shall make such repairs as are necessary
20 providing an effective date. 49 to conform the equipment to the warranty. Such repairs shall be
21 50 at no cost to the consumer.
22 Be It Enacted by the Legislature of the State of Florida: 51 (b) The manufacturer or its authorized agent shall replace
23 52 the farm equipment with comparable farm equipment, or accept the
24 Section 1. Section 604.40, Florida Statutes, is amended to 53 return of the defective farm equipment from the consumer and
25 read: 54 refund the consumer the cash purchase price, including sales
26 604.40 Farm equipment; protection against defective farm 55 tax, license fees, registration fees, and any similar
27 equipment.— 56 governmental charges if the manufacturer or its authorized
28 (1) As used in this section, the term “farm equipment” 57 dealer is not able to or otherwise fails to conform the farm
29 means all power-drawn, power-driven, or self-propelled equipment 58 equipment to any applicable express written warranty after a

Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 386

2-00198-26 2026386__
59 reasonable number of attempts.
60 (c) It is presumed that the manufacturer has made a
61 reasonable number of attempts to conform the farm equipment to
62 the applicable express warranties if the same nonconformity has
63 been the subject of repair three or more times by the
64 manufacturer or its authorized agent but the nonconformity
65 continues to exist.
66 (d) In no event shall the presumption provided in paragraph
67 (c) apply to a manufacturer unless the manufacturer or its
68 authorized agent has received prior direct written notification
69 from or on behalf of the consumer and been offered an
70 opportunity to cure the alleged defect.
71 (e) It is an affirmative defense to any claim under this
72 chapter that:
73 1. An alleged nonconformity does not substantially impair
74 the farm equipment’s use and market value; or
75 2. A nonconformity is the result of abuse or neglect, or of
76 modifications or alterations of the farm equipment not
77 authorized by the manufacturer.
78 (f) This chapter may not be construed to limit or impair
79 the rights or remedies which are otherwise available to a
80 consumer under chapter 681.
81 (g) Any consumer who suffers a loss by reason of a
82 violation of this chapter may bring a civil action to enforce
83 such provision.
84 Section 2. This act shall take effect July 1, 2026.

Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL: SB 528
INTRODUCER: Senator Truenow
SUBJECT: Manufacturing
DATE: January 12, 2026 REVISED:

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

I. Summary:

SB 528 designates a Chief Manufacturing Officer (CMO) among the Department of Commerce
(department) senior leadership to support, promote, and coordinate manufacturing statewide.
Duties include serving as subject-matter expert for manufacturing, promoting and coordinating
manufacturing efforts statewide, working with state and federal agencies to support
manufacturing, and collaborating with education/training entities to promote manufacturing
career paths.

The bill creates the Florida Manufacturers’ Workforce Development Grant Program (program)
within the department to fund proposed projects, subject to appropriation by the Legislature, that
support small manufacturers in Florida in deploying new technologies or cybersecurity
infrastructure, and to strengthen the manufacturing workforce pipeline from elementary
education through postsecondary training and workforce reentry.

The bill establishes the voluntary Florida Manufacturing Promotional Campaign (campaign)
within the department to increase consumer awareness of manufacturing activities in Florida and
expand exposure for products and goods manufactured in Florida.

The bill authorizes the department to adopt rules to administer the program and campaign.

The bill may have an indeterminate impact on state expenditures. It does not appear to impact
local government revenues or expenditures. See Section V, Fiscal Impact Statement.

The bill takes effect July 1, 2026.
BILL: SB 528 Page 2

II. Present Situation:

Manufacturing

According to the Department of Commerce, Florida has more than 430,000 manufacturing jobs,
and experienced the highest growth in manufacturing employment among large states from
2014-2022. In 2024, Florida’s manufacturing output grew to $80.7 billion. Manufacturing jobs
generally pay higher wages than those in other industries and are economically resilient against
downturns. Manufacturing jobs also create seven jobs for every one manufacturing job.1

The North American Industry Classification System (NAICS) is the standard used by federal
statistical agencies to classify businesses by industry for statistical data collection and analysis
on the U.S. economy.2 NAICS Sector Codes 311-339 include unique manufacturing industries in
Florida that have outpaced the nation in job growth, which include, but are not limited to, the
following:3
• Food manufacturing
• Beverage and tobacco product manufacturing
• Textile mills and textile product mills
• Apparel manufacturing
• Leather and allied product manufacturing
• Wood product and paper manufacturing
• Printing and related support activities
• Petroleum and coal products manufacturing
• Chemical manufacturing
• Plastics and rubber products manufacturing
• Nonmetallic mineral product manufacturing
• Primary metal manufacturing
• Fabricated metal product manufacturing
• Machinery manufacturing
• Computer and electronic product manufacturing
• Electrical equipment and appliances
• Transportation equipment manufacturing
• Furniture and related product manufacturing
• Miscellaneous manufacturing

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

1
Department of Commerce analysis for SB 528 (2026). On file with Senate Commerce and Tourism Committee.
2
United States Census Bureau, North American Industry Classification System (NAICS), available at
https://www.census.gov/naics/, (last visited Jan. 12, 2026).
3
Department of Commerce, 2023 Florida Manufacturing, 114, available at https://www.floridajobs.org/docs/default-
source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Jan. 12, 2026).
4
Id. at 47
BILL: SB 528 Page 3

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

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

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

Manufacturing Extension Partnership (MEP)

The MEP National Network is a public-private partnership that delivers comprehensive solutions
to U.S. manufacturers, fueling growth and advancing the U.S. manufacturing sector.13 MEP is
part of the U.S. Department of Commerce’s National Institute of Standards and Technology
(NIST).14 The MEP National Network, the mission of which is to strengthen and empower U.S.
manufacturers, is comprised of NIST’s Manufacturing Extension Partnership (NIST MEP), the
51 MEP Centers located in all 50 states and Puerto Rico, the MEP Advisory Board, MEP Center
boards, and the Foundation for Manufacturing Excellence, as well as over 1,440 trusted advisors
and experts at approximately 460 MEP service locations, providing any U.S. manufacturer with

5
Section 163.3252, F.S.
6
Id.
7
Section 163.3253, F.S.
8
Section 163.3252, F.S.
9
Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at
https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-
contents/manufacturing-competitiveness-act-development-approval-program (last visited Jan. 12, 2026).
10
Section 445.004(1), F.S.
11
See CareerSource Florida, About Us, available at https://careersourceflorida.com/ (last visited Jan. 12, 2026).
12
See s. 288.101, F.S.
13
National Institute of Standards and Technology (NIST), MEP National Network, available at
https://www.nist.gov/mep/mep-national-network (last visited Jan. 12, 2026).
14
Id.
BILL: SB 528 Page 4

access to resources they need to succeed.15 FloridaMakes is the official representative of the
MEP National Network and NIST MEP in the state of Florida.16

The department collaborates with FloridaMakes to promote and support the growth of Florida’s
manufacturing sector by providing resources, data, and partnership opportunities to
manufacturers, often highlighting the industry’s economic impact through initiatives like the
“Florida Manufacturing Report”, which is developed jointly by both entities.17

III. Effect of Proposed Changes:

Chief Manufacturing Officer

Section 1 amends s. 20.60, F.S., expanding the department’s responsibilities to encourage and
oversee manufacturing in the state in coordination with the newly created Chief Manufacturing
Officer (CMO).

Section 2 creates s. 20.602, F.S., to designate a CMO among the department's senior leadership
to promote manufacturing statewide. Duties of the CMO include:
• Serving as the subject-matter expert on manufacturing;
• Promoting and coordinating manufacturing efforts in the state and identifying gaps across
state-supported activities;
• Providing strategic direction for interagency and cross-disciplinary initiatives to promote and
support manufacturing in the state;
• Working with federal, state, regional, and local governmental entities and nongovernmental
entities to align manufacturing priorities;
• Engaging with state agencies and water management districts to create processes, programs,
decision frameworks, and reporting mechanisms intended to support manufacturing in the
state;
• Collaborating with the Department of Education, elementary, middle, and high schools,
technical colleges, and workforce boards to promote manufacturing career paths through
career development initiatives and funding manufacturing training centers.

The bill requires the department to submit a report by December 15, 2027, and every two years
thereafter, on the strength and economic importance of Florida's manufacturing industry.

Florida Manufacturers’ Workforce Development Grant Program

Section 3 creates s. 288.103, F.S., establishing the Manufacturers’ Workforce Development
Grant Program (program) within the department, under the direction of the CMO in consultation
with the state’s National Institute of Standards and Technology Manufacturing Extension
Partnership organization. The purpose of the program is to support small manufacturers in
Florida in deploying new technologies or cybersecurity infrastructure, and to strengthen the
manufacturing workforce pipeline from elementary education through postsecondary training

15
Id.
16
FloridaMakes, About Us, available at https://www.floridamakes.com/about-us/how-we-help (last visited Jan. 12, 2026).
17
FloridaMakes, News, Blogs & Events, available at https://www.floridamakes.com/blogs/frances-
nevill/2024/06/04/spotlight-on-floridas-inaugural-manfucturing-repor (last visited Jan. 12, 2026).
BILL: SB 528 Page 5

and workforce reentry. Grants may be used for workforce and development operations, subject to
appropriations.

The bill establishes ranking metrics for the program, including the number of employees,
applicants’ matching funds, and expected benefits from the grant awards. Priority must be given
to projects with innovative plans, advanced technologies, development strategies focusing on
workforce development for small manufacturers, and must include one or more of the following:
• Regional manufacturing training center establishment or expansion;
• Partnerships with school districts, technical and state colleges to support manufacturing
curricula, dual enrollment, and industry certification programs;
• Development of career awareness programs in elementary and middle schools;
• Outreach and training programs targeting underrepresented populations, including reentry
populations; and
• Marketing and promotion of manufacturing careers.

The department must include project grant awards and each project's status in its annual
incentives report.

The department may adopt rules to implement this provision.

Florida Manufacturing Promotional Campaign

Section 4 creates s. 288.1031, F.S., establishing the Florida Manufacturing Promotional
Campaign to:
• Increase consumer awareness of manufacturing;
• Expand market exposure for manufactured products and goods; and
• Inspire future generations of entrepreneurs, fabricators, and skilled workers to build and grow
domestic businesses and manufacturing operations.

The campaign is voluntary, managed by the department, and coordinated with the National
Institute of Standards and Technology Manufacturing Extension Partnership. The department
must develop logos, promotional materials, register participants, create in-kind advertising, and
contract with the media. The department must prepare an annual report on campaign
performance (submitted as part of the department’s annual report) that includes performance
measures and outcomes, sources of in-kind advertising, contracts, participant names, and other
relevant information.

The bill defines a “manufactured product” as any durable or non-durable tangible personal
property or consumer good that has been processed, fabricated, or produced through industrial or
mechanical processes. This includes items sold or leased to consumers.

The department may adopt rules to implement and administer the campaign, establish logos or
product identifiers used in the campaign, ensure compliance with the campaign, and govern
participant registration.

Section 5 provides an effective date of July 1, 2026.
BILL: SB 528 Page 6

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

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

C. Government Sector Impact:

The bill has an indeterminate fiscal impact on the department because the Florida
Manufacturers’ Workforce Development Grant Program is subject to legislative
appropriation.

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

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.
BILL: SB 528 Page 7

VIII. Statutes Affected:

This bill substantially amends section 20.60 of the Florida Statutes.
This bill creates sections 20.602, 288.103, and 288.1031 of the Florida Statutes.

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 528 Florida Senate - 2026 SB 528

By Senator Truenow

13-00485B-26 2026528__ 13-00485B-26 2026528__
1 A bill to be entitled 30 requiring the department, in coordination with the
2 An act relating to manufacturing; amending s. 20.60, 31 Chief Manufacturing Officer and the National Institute
3 F.S.; revising the duties of the Department of 32 of Standards and Technology Manufacturing Extension
4 Commerce; creating s. 20.602, F.S.; establishing the 33 Partnership organization in this state, to establish
5 Chief Manufacturing Officer among the senior 34 and publish ranking metrics for reviewing and awarding
6 leadership of the department for a specified purpose; 35 grants; providing guidelines for such metrics;
7 providing that the Chief Manufacturing Officer is 36 requiring that priority be given to projects that meet
8 appointed by and serves at the pleasure of the 37 certain criteria; authorizing applicants to seek
9 Secretary of Commerce; providing the duties of the 38 funding for a specified purpose; prohibiting such
10 Chief Manufacturing Officer; requiring all state and 39 funding from being used for certain expenses;
11 local governmental entities to assist the Chief 40 requiring the department to administer the grant
12 Manufacturing Officer within certain constraints; 41 awards from the Economic Development Trust Fund;
13 requiring the department to prepare a specified report 42 requiring the department to annually provide a list to
14 and submit it to the Governor and the Legislature by a 43 the public of specific information regarding the grant
15 specified date, and every 2 years thereafter; creating 44 program; requiring the department to include certain
16 s. 288.103, F.S.; creating the Florida Manufacturers’ 45 information in its annual incentives report;
17 Workforce Development Grant Program within the 46 authorizing the department to adopt rules; creating s.
18 department; providing that the grant program is under 47 288.1031, F.S.; providing legislative findings;
19 the direction of the Chief Manufacturing Officer in 48 defining terms; creating the Florida Manufacturing
20 consultation with the National Institute of Standards 49 Promotional Campaign within the department; requiring
21 and Technology Manufacturing Extension Partnership 50 the Chief Manufacturing Officer to administer the
22 organization in this state; providing a purpose for 51 campaign in coordination with the National Institute
23 the grant program; requiring the department, in 52 of Standards and Technology Manufacturing Extension
24 coordination with the Chief Manufacturing Officer and 53 Partnership organization in this state; providing the
25 the National Institute of Standards and Technology 54 purpose of the campaign; requiring the department to
26 Manufacturing Extension Partnership organization in 55 take certain actions to promote the campaign;
27 this state, to review submitted applications and to 56 requiring persons who participate in the campaign to
28 select specified projects; providing that the 57 register annually with the department; requiring the
29 department has sole discretion in final grant awards; 58 department to establish by rule the form and manner of

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59 registration; requiring the department to adopt rules 88 pleasure of the Secretary of Commerce.
60 to implement and administer the campaign; requiring 89 (2) The Chief Manufacturing Officer shall do all of the
61 the department annually to create a specified report 90 following:
62 and submit it to the Governor and the Legislature as 91 (a) Serve as a subject-matter expert for the state on
63 part of its annual report; providing an effective 92 issues related to manufacturing.
64 date. 93 (b) Promote and coordinate manufacturing efforts in this
65 94 state and identify gaps across state-supported activities.
66 Be It Enacted by the Legislature of the State of Florida: 95 (c) Provide strategic direction for interagency and cross-
67 96 disciplinary initiatives to promote and support manufacturing in
68 Section 1. Paragraph (m) is added to subsection (4) of 97 this state.
69 section 20.60, Florida Statutes, to read: 98 (d) Work with federal, state, regional, and local
70 20.60 Department of Commerce; creation; powers and duties.— 99 governmental entities and nongovernmental entities to align
71 (4) The purpose of the department is to assist the Governor 100 manufacturing priorities.
72 in working with the Legislature, state agencies, business 101 (e) Engage with state agencies and water management
73 leaders, and economic development professionals to formulate and 102 districts to create processes, programs, decision frameworks,
74 implement coherent and consistent policies and strategies 103 and reporting mechanisms intended to support manufacturing in
75 designed to promote economic opportunities for all Floridians. 104 this state.
76 The department is the state’s chief agency for business 105 (f) Collaborate with the Department of Education, school
77 recruitment and expansion and economic development. To 106 districts, charter schools, technical colleges, state colleges,
78 accomplish such purposes, the department shall: 107 and regional workforce development boards to promote
79 (m) Encourage and oversee manufacturing in this state in 108 manufacturing as a career path. Such collaboration must include
80 coordination with the Chief Manufacturing Officer. 109 all of the following:
81 Section 2. Section 20.602, Florida Statutes, is created to 110 1. Supporting curriculum development and career awareness
82 read: 111 initiatives in elementary and middle schools, including
83 20.602 Chief Manufacturing Officer.— 112 classroom resources, career fairs, and outreach activities
84 (1) There is designated among the senior leadership of the 113 designed to inspire interest in manufacturing.
85 Department of Commerce a Chief Manufacturing Officer for the 114 2. Establishing technology demonstration centers, work-
86 purpose of supporting the manufacturing ecosystem statewide. The 115 based learning opportunities, and exposure to manufacturing
87 Chief Manufacturing Officer is appointed by and serves at the 116 careers through partnerships with guidance counselors and

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13-00485B-26 2026528__ 13-00485B-26 2026528__
117 recognized career exploration programs, including Project Lead 146 in this state.
118 The Way. 147 Section 3. Section 288.103, Florida Statutes, is created to
119 3. Preserving and expanding manufacturing programs in high 148 read:
120 schools, promoting dual enrollment and industry certifications, 149 288.103 Florida Manufacturers’ Workforce Development Grant
121 and ensuring that course selection and grade point average 150 Program.—
122 weighting policies encourage students to pursue, rather than 151 (1) The Florida Manufacturers’ Workforce Development Grant
123 discourage them from pursuing, manufacturing tracks. 152 Program is created within the Department of Commerce, under the
124 4. Funding and supporting regional manufacturing training 153 direction of the Chief Manufacturing Officer in consultation
125 centers to provide multiple entry points for careers in 154 with the National Institute of Standards and Technology
126 manufacturing, including awareness initiatives for 155 Manufacturing Extension Partnership organization in this state,
127 underrepresented populations and individuals reentering the 156 to fund proposed projects, subject to appropriation by the
128 workforce. 157 Legislature, which support small manufacturers in this state
129 5. Reenergizing the marketing and promotion of 158 with the deployment of new technologies or cybersecurity
130 manufacturing careers in coordination with the Florida 159 infrastructure and to strengthen the manufacturing workforce
131 Manufacturing Promotional Campaign created in s. 288.1031, using 160 pipeline from elementary education through postsecondary
132 messaging tailored to the interests and language of today’s 161 training and workforce reentry.
133 youth. 162 (2) The department, in coordination with the Chief
134 (3) All state and local governmental entities shall assist 163 Manufacturing Officer and the National Institute of Standards
135 the Chief Manufacturing Officer to the extent such assistance is 164 and Technology Manufacturing Extension Partnership organization
136 consistent with law and with budgetary constraints. 165 in this state, shall review submitted applications and select
137 (4) The department shall prepare a report, in consultation 166 projects for awards which create strategic investments in
138 with the Chief Manufacturing Officer and the National Institute 167 workforce training and education partnerships to facilitate the
139 of Standards and Technology Manufacturing Extension Partnership 168 deployment of new technologies or cybersecurity infrastructure
140 organization in this state, regarding manufacturing efforts in 169 and to expand career awareness and preparation for manufacturing
141 this state. The department shall submit the report to the 170 occupations across the K-12, postsecondary, and workforce
142 Governor, the President of the Senate, and the Speaker of the 171 training systems. Final grant awards are made at the sole
143 House of Representatives by December 15, 2027, and every 2 years 172 discretion of the department.
144 thereafter. The report must include information regarding the 173 (3) The department, in coordination with the Chief
145 strength and economic importance of the manufacturing industry 174 Manufacturing Officer and the National Institute of Standards

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175 and Technology Manufacturing Extension Partnership organization 204 (5) The department shall annually provide a list to the
176 in this state, shall establish and publish ranking metrics for 205 public of each project awarded a grant, the benefit of each
177 reviewing grants and awarding them to applicants on a 206 project in meeting the goals and objectives of the program, and
178 competitive basis. Metrics may include the number of employees, 207 the current status of each project. The department shall include
179 matching funds pledged by the applicant, and expected benefits 208 such information in the annual incentives report required under
180 from the grant award. Priority must be given to projects with 209 s. 288.0065.
181 innovative plans, advanced technologies, and development 210 (6) The department may adopt rules to implement this
182 strategies that focus on workforce development for small 211 section.
183 manufacturers across this state and that include one or more of 212 Section 4. Section 288.1031, Florida Statutes, is created
184 the following: 213 to read:
185 (a) Establishment or expansion of regional manufacturing 214 288.1031 Florida Manufacturing Promotional Campaign.—
186 training centers. 215 (1) The Legislature finds that there is a need for a
187 (b) Partnerships with the Department of Education, school 216 campaign to increase consumer awareness of manufacturing
188 districts, charter schools, technical colleges, and state 217 activities in this state, to expand market exposure for
189 colleges to support manufacturing curricula, dual enrollment, 218 manufactured products and goods in this state, and to inspire
190 and industry certification programs. 219 future generations of entrepreneurs, fabricators, and skilled
191 (c) Development of elementary and middle school career 220 workers to build and grow domestic businesses and manufacturing
192 awareness programs, including technology demonstration centers 221 operations in this state. The Legislature further finds that a
193 and guidance counselor resources. 222 campaign that creates a partnership between the state and
194 (d) Outreach and training programs targeting 223 manufacturers in this state is necessary to promote and
195 underrepresented populations, including reentry populations. 224 advertise manufactured products efficiently.
196 (e) Marketing and promotion of manufacturing careers 225 (2) As used in this section, the term:
197 consistent with s. 288.1031. 226 (a) “Manufactured product” means any tangible personal
198 (4) Applicants may seek funding for workforce development 227 property or consumer good, whether a durable or nondurable good,
199 and operations; however, grant funding awarded under this 228 that has been processed, fabricated, or produced, often through
200 section may not be used to pay salary and benefits or general 229 industrial or mechanical processes. The term includes items sold
201 business or office expenses. Grants awarded under the program 230 or leased to consumers.
202 shall be administered by the department from the Economic 231 (b) “Person” means an individual, a firm, a partnership, a
203 Development Trust Fund established in s. 288.095. 232 corporation, an association, a business, a trust, a legal

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233 representative, or any other business unit. 262 and outcomes, sources of in-kind advertising, contracts related
234 (3) The Florida Manufacturing Promotional Campaign is 263 to disbursement of promotional materials, the names of persons
235 created within the department. The Chief Manufacturing Officer 264 participating in the campaign, and other information for the
236 shall administer the campaign in coordination with the National 265 campaign. The department shall submit the report as part of the
237 Institute of Standards and Technology Manufacturing Extension 266 annual report required in s. 20.602(4).
238 Partnership organization in this state. The purpose of the 267 Section 5. This act shall take effect July 1, 2026.
239 campaign is to serve as a voluntary marketing program to promote
240 manufacturing products and businesses in this state.
241 (4) The department shall do all of the following:
242 (a) Develop logos for the campaign and authorize the use of
243 such logos by rule.
244 (b) Create promotional materials for the campaign.
245 (c) Register campaign participants.
246 (d) Develop in-kind advertising programs.
247 (e) Contract with media representatives for the purpose of
248 dispersing promotional materials.
249 (5) A person who produces manufactured products may
250 participate in the campaign only by registering annually with
251 the department. The department shall establish by rule the form
252 and manner of registration.
253 (6) The department shall adopt rules to implement and
254 administer the campaign. By rule, the department shall establish
255 the logos or product identifiers to be depicted for use in the
256 campaign for advertising, publicizing, and promoting the sale of
257 manufactured products in this state. The department shall also
258 adopt rules necessary to ensure compliance with the campaign and
259 to govern participant registration.
260 (7) The department shall annually create a report on the
261 success of the campaign, including detailed performance measures

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The Florida Senate

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BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL: SB 806
INTRODUCER: Senator Truenow
SUBJECT: Consumers’ Right to Repair Certain Equipment
DATE: January 12, 2026 REVISED:

ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Favorable
2. AG
3. RC

I. Summary:

SB 806 creates the Portable Wireless Device Repair Act, which requires manufacturers of
portable wireless devices purchased or used in this state to make documentation, parts, and tools
available to owners and independent repair providers. The bill also provides civil remedies for a
violation of this Act, and remedies and penalties under the Florida Deceptive and Unfair Trade
Practices Act.

Further, the bill creates the Agricultural Equipment Fair Repair Act, requiring original equipment
manufacturers of agricultural equipment to provide certain manufacturing, diagnostic, and repair
information to independent repair providers and owners. Original equipment manufacturers are
prohibited from excluding certain information concerning security-related functions. The bill
does not apply to motor vehicle manufacturers or motor vehicle dealers. Additionally, a civil
penalty may be collected from any original equipment manufacturer who is found to be in
violation.

The bill takes effect on July 1, 2026.

II. Present Situation:

Right to Repair

Over the last eight years, state legislatures across the country have been contemplating “right to
repair” laws, which require manufacturers to share repair information and tools so that
consumers may repair their products more easily and less costly.1 This type of legislation is

1
Press Release, PIRG, All 50 states now have filed Right to Repair legislation over last 8 years (Feb. 24, 2025), available at
https://pirg.org/media-center/release-all-50-states-now-have-filed-right-to-repair-legislation-over-last-8-years/ (last visited
Jan. 12, 2026).
BILL: SB 806 Page 2

founded on the idea that consumers should be able to choose how to repair their products.2
Advocates are concerned due to the amount of products that are utilizing computer chips and
advanced technology, which are becoming increasingly difficult to repair without sending the
entire product back to the manufacturer.3 Many products, ranging from cars and appliances to
wheelchairs, use proprietary tools and parts.4 Manufacturers may decline to publish documents
necessary for a third party or consumer to repair.5 The policy objectives of these laws are to
ensure customers have access to manuals, schematics, and software updates, as well as
diagnostic tools needed to service the product themselves.6 Moreover, proponents of digital right
to repair legislation are concerned about reducing repair costs for consumers, minimizing
electronic waste in landfills, and increasing the longevity of products.7

While there is a push for this type of legislation, manufacturers are concerned about electronic
privacy and preservation of intellectual property.8 Technological advances in electronic
equipment, such as fitness monitors, home security devices, and smart home appliances, have led
to consumer data being collected at a higher volume.9 Opponents of right to repair legislation are
worried that proprietary access to tools and information needed to repair these electronic
products may undermine consumers’ digital privacy, as diagnostic tools may provide access to
an entire device and improper repair can disable security features.10 Additionally, there is a
concern that unrestricted access into product software design may compromise intellectual
property protections.11 If proprietary knowledge is embedded in the products they sell, some
manufacturers worry that trade secrets will become public knowledge when required to disclose
digital locks and other information.12

Smartphones

Cell phone repair is intentionally limited by manufacturers who do not wish to share proprietary
information on their electronic products.13 As such, consumers with broken devices are limited to
disposing the phone and purchasing a new one; mailing the phone back to the manufacturer to be
repaired; attempting to repair the phone themselves; or seeking out an independent repair
provider.14 If the consumer mails their cell phone to a manufacturer, it could take weeks to

2
Mike Serra, Looking Under the Hood on the Right to Repair, 101 MICH. B.J. 34 (May 2022), available at
https://www.michbar.org/journal/Details/Looking-under-the-hood-on-the-right-to-repair?ArticleID=4428 (last visited Jan. 12,
2026).
3
Thorin Klosowski, What You Should Know About Right to Repair, available at
https://www.nytimes.com/wirecutter/blog/what-is-right-to-repair/ (last visited Jan. 12, 2026).
4
Id.
5
Id.
6
Id.
7
Brian T. Yeh, CONG. RSCH. SERV., Repair, Modification, or Resale of Software-Enabled Consumer Electronic Devices:
Copyright Law Issues, https://crsreports.congress.gov/product/pdf/R/R44590/3 (last visited Jan. 12, 2026).
8
Ike Brannon, CATO INST., A Criticism of Right to Repair Laws, available at https://www.cato.org/regulation/spring-
2024/criticism-right-repair-laws (last visited Jan. 12, 2026).
9
See id.
10
Id.
11
Id.
12
Id.
13
See Elaine S. Povich, Pandemic Drives Phone, Computer ‘Right-to-Repair’ Bills, available at
https://stateline.org/2021/03/11/pandemic-drives-phone-computer-right-to-repair-bills/ (last visited Jan. 12, 2026).
14
Yeh, supra note 7.
BILL: SB 806 Page 3

receive the fixed product back.15 If the consumer would rather spend their money locally, they
also face barriers—many small repair shops cannot fix older digital devices due to manufacturer
restrictions.16

Currently, over 98% of Americans own a cellphone, and nine out of ten of all cell phone owners
have a smartphone.17 Smartphones are not only prevalent but necessary for many people, as 15%
of U.S. adults only access the internet from their smartphone because they do not subscribe to a
home broadband service.18 The majority of those smartphone-dependent users are young adults
and the elderly.19 Moreover, smartphone dependency most greatly affects people who make less
than $30,000 per year.20

Agricultural Equipment

Farmers face similar barriers when attempting to repair agricultural equipment.21 As it stands,
only a handful of authorized dealerships have access to the necessary diagnostic tools to fix
farming equipment.22 Without the necessary software to diagnose problems, farmers must ship
their equipment to the closest authorized dealership for repair.23 With lengthy transport times and
wait times for repairs, “farmers can lose tens or even hundreds of thousands of dollars in
potential yields.”24

While there was an attempt to pass a national right to repair law in 2023,25 Colorado is the only
jurisdiction to pass a law giving consumers the right to repair agricultural equipment.26 In
response to the surge of legislation attempting to resolve this issue,27 the American Farm Bureau
Federation (AFBF) has signed memorandums of understanding (MOUs) with five major farm
equipment companies.28 These MOUs ensure farmers have access to manuals, seminars, on-
board diagnostics, software, and other publications with information on service, parts, operation,
and safety on fair and reasonable terms.29

15
Povich, supra note 13.
16
Povich, supra note 13.
17
PEW RSCH. CTR., Mobile Fact Sheet, available at https://www.pewresearch.org/internet/fact-sheet/mobile/ (last visited Jan.
12, 2026).
18
Id.
19
Id.
20
Id.; see also FED. TRADE COMM’N, Nixing the Fix: An FTC Report to Congress on Repair Restrictions, available at
https://www.ftc.gov/system/files/documents/reports/nixing-fix-ftc-report-congress-repair-
restrictions/nixing_the_fix_report_final_5521_630pm-508_002.pdf?ref=cecna-io (last visited Jan. 12, 2026) (“This
smartphone dependency makes repair restrictions on smartphones more likely to affect these communities adversely.”).
21
Jesse Bedayn, AP NEWS, 11 States Consider ‘Right to Repair’ for Farming Equipment, available at
https://apnews.com/article/farm-equipment-repairs-d5ea466725328d965a85a62130503d49 (last visited Jan. 12, 2026).
22
Farm Action, Right to Repair Campaign, available at https://farmaction.us/righttorepair/ (last visited Jan. 12, 2026).
23
Id.
24
Id.
25
H.R. 5604, 118th Cong. (2023).
26
Colo. Rev. Stat. Ann. §§ 6-1-1501-1505 (2024).
27
Bedayn, supra note 21; see also Jennifer Bamberg, John Deere faces lawsuit as lawmakers introduce right-to-repair bills,
available at https://investigatemidwest.org/2025/03/05/john-deere-faces-lawsuit-as-lawmakers-introduce-right-to-repair-bills/
(last visited Jan. 12, 2026).
28
AFBF, Right to Repair, available at https://www.fb.org/issue/right-to-repair (last visited Jan. 12, 2026).
29
Id.
BILL: SB 806 Page 4

Despite the MOUs, farmers’ grievances have not been assuaged. In February 2025, the Federal
Trade Commission (FTC) filed a lawsuit against John Deere over unfair manufacturer policies
that create a monopoly in the repair market and inflate farmers’ repair costs.30 The complaint
alleges that John Deere is able to raise prices, reduce output, and degrade quality in the market
for large tractors and combines in the U.S.31 Even with the MOU, farmers and independent repair
providers must pay John Deere $3,160 for a one-year subscription to the necessary software to
diagnose and fix their tractors and combines.32 The complaint alleges access to repair is still
impaired, as this software has a degraded functionality compared to the separate software
available to authorized dealerships.33 The FTC’s complaint illustrates the problems that have yet
to be overcome regarding tractor and combine repair.

III. Effect of Proposed Changes:

Smartphone Repair

Requirements
Section 4 creates s. 559.973, F.S., mandating that a manufacturer34 must make documentation,35
parts,36 and tools37 available to owners38 and independent repair providers39 on fair and
reasonable terms.40 Manufacturers are not required to provide parts that are no longer available.

30
Complaint of Plaintiff, Fed. Trade Comm’n v. Deere, Case No. 3:25-cv-50017 (N.D. Ill. filed Feb. 7, 2025), available at
https://www.ftc.gov/system/files/ftc_gov/pdf/DeereCoREDACTEDComplaintCaseNo325-cv-50017.pdf (last visited Jan. 12,
2026); see also FTC, States Sue Deere & Company to Protect Farmers from Unfair Corporate Tactics, High Repair Costs,
available at https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-states-sue-deere-company-protect-farmers-
unfair-corporate-tactics-high-repair-costs (last visited Jan. 12, 2026).
31
Id. at 1-4.
32
Id. at 12.
33
Id. at 14-16.
34
“Manufacturer” means an individual or a business that sells, leases, or otherwise supplies new portable wireless devices, or
parts of new portable wireless devices, manufactured by or on behalf of the individual or business to another individual or
business.
35
“Documentation” means a manual, a diagram, a reporting output, a service code description, a schematic, a security code
or a password, or any other information used in the diagnosis, maintenance, or repair of portable wireless devices.
36
“Part” means any replacement component made available by or to a manufacturer for the purpose of maintaining or
repairing portable wireless devices manufactured by or on behalf of, sold by, or otherwise supplied by the manufacturer.
37
“Tool” means any software program, hardware implement, or other apparatus used for diagnosing, maintaining, or
repairing portable wireless devices, including software or other mechanisms that program or repair a part, calibrate
functionality, or perform any other function required to bring portable wireless devices back to fully functional condition.
38
“Owner” means an individual or a business that lawfully acquires a portable wireless device purchased or used in this state.
39
“Independent repair provider” means an individual or a business that does not have an arrangement with a manufacturer as
an authorized repair provider and that is not affiliated with any other individual or business that has such an arrangement with
the manufacturer when that individual or business diagnoses, maintains, or repairs portable wireless devices. The term
includes a manufacturer or an independent repair provider that diagnoses, maintains, or repairs portable wireless devices that
are not manufactured by or on behalf of, or sold or otherwise supplied by, the manufacturer.
40
“Fair and reasonable terms,” for purposes of obtaining a part, a tool, or documentation, means costs and terms that are
equivalent to the most favorable costs and terms under which the manufacturer offers the part, tool, or documentation to an
authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling
fully restored and updated functionality, rights of use, or other incentive or preference that the manufacturer offers to an
authorized repair provider or any additional cost, burden, or impediment that the manufacturer imposes on an owner or
independent repair provider. For documentation, including any relevant updates, the term also means at no charge, except
that, when the documentation is requested in printed form, a charge may be included for the reasonable actual costs of
preparing and mailing the documentation.
BILL: SB 806 Page 5

Additionally, a manufacturer that sells diagnostic, service, or repair information to third parties
in a standard format may not require an authorized repair provider41 to continue purchasing
diagnostic, service, or repair information in a proprietary format, unless otherwise specified.

Enforcement
Section 5 creates s. 559.974, F.S., requiring that an independent repair provider or owner who
believes that the manufacturer failed to provide documentation, parts, or tools for diagnosis,
maintenance, or repair, must notify the manufacturer in writing of this failure. The manufacturer
has 30 days following receipt of notice to correct the failure. If the manufacturer responds to the
notice and corrects the failure within 30 days of notice, damages in any subsequent litigation are
limited to actual damages.

If the manufacturer does not respond to the notice or corrects the failure unsatisfactorily, the
owner or independent repair provider may file a complaint in a specified circuit court. The
complaint must include:
• Written information confirming that the independent repair provider has attempted to acquire
and use, through the then-available standard support function provided by the manufacturer,
relevant documentation, parts, and tools, including communicating with customer assistance;
and
• Evidence of the owner or independent repair provider’s written notification to the
manufacturer.

Additionally, violations of this bill are punishable under the Florida Deceptive and Unfair Trade
Practices Act (FDUTPA), ss. 501.201-501.213, F.S. It is unlawful under the FDUTPA for a party
to take part in “unfair methods of competition, unconscionable acts or practices, and unfair or
deceptive acts of practices in the conduct of any trade or commerce.”42 Such practices include
fraudulent billing,43 misleading a consumer or misrepresenting a product’s characteristics,44 or
other behavior determined to be unfair by a court.45 Under the FDUTPA, the office of the state
attorney or Department of Legal Affairs, either by their own inquiry or through complaints, may
investigate violations of the FDUTPA.46 In addition to other remedies under state and federal
law, the enforcing authority may bring actions for declaratory judgment, injunctive relief, actual
damages on behalf of consumers and businesses, cease and desist orders, and civil penalties up to

41
“Authorized repair provider” means an individual or a business that is unaffiliated with the manufacturer and has an
arrangement with the manufacturer under which the manufacturer grants to the individual or business a license to use a trade
name, service mark, or other proprietary identifier for the diagnosis, maintenance, or repair of portable wireless devices under
the name of the manufacturer, or any other arrangement with the manufacturer to offer services on behalf of the
manufacturer. A manufacturer that offers the services of diagnosis, maintenance, or repair of portable wireless devices
manufactured by the manufacturer or on the manufacturer’s behalf, or sold or otherwise supplied by the manufacturer, and
that does not do so exclusively through one or more arrangements as described in this subsection with an unaffiliated
individual or business, is deemed to be an authorized repair provider of portable wireless devices.
42
Section 501.204, F.S.
43
State Farm Mut. Auto. Ins. Co. v. Medical Service Center of Florida, Inc., 103 F. Supp. 3d 1343 (S.D. Fla. 2015).
44
Lewis v. Mercedes-Benz USA, LLC, 530 F. Supp. 3d 1183 (S.D. Fla. 2021); Marty v. Anheuser-Busch Companies, LLC, 43
F. Supp. 3d 1333 (S.D. Fla. 2014).
45
See Siever v. BWGaskets, Inc., 669 F. Supp. 2d 1286, 1292-93 (M.D. Fla. 2009).
46
The enforcing authority under the FDUTPA may “administer oaths and affirmations, subpoena witnesses or matter, and
collect evidence.” Section 501.206, F.S.
BILL: SB 806 Page 6

$10,000 per violation.47 Moreover, consumers may bring private actions against parties for
violating the FDUTPA, resulting in either:
• Declaratory judgment and injunctive relief when the consumer is aggrieved by a FDUTPA
violation; or
• Actual damages, attorney fees, and court costs, when the consumer has suffered a loss due to
the FDUTPA violation.48

Limitations
Section 6 creates s. 559.975, F.S., providing that this bill does not require:
• A manufacturer to divulge a trade secret,49 except when necessary to provide required
materials on fair and reasonable terms.
• A manufacturer or an authorized repair provider to provide an owner or independent repair
provider access to nondiagnostic and nonrepair information which was provided by the
manufacturer to the authorized repair provider.

Miscellaneous Provisions
Section 1 creates part XIV of ch. 559, F.S., consisting of ss. 559.971-559.976, F.S., entitled
“Digital Right to Repair.”

Section 2 creates s. 559.971, F.S., titling this part as the “Portable Wireless Device Repair Act.”

Section 3 creates s. 559.972, F.S., creating definitions for use in this part.

Section 7 creates s. 559.976, F.S., providing that this part applies to portable wireless devices
sold or in use on or after July 1, 2026. This bill does not apply to portable wireless devices
approved by the U.S. FDA, security or life-safety systems and devices, or manufacturers of
security or life-safety systems and devices.

Agricultural Equipment Repair

Requirements
Section 8 creates s. 686.35, F.S., requiring original equipment manufacturers50 (OEM) to provide
diagnostic and repair documentation, including updates and corrections to embedded software,51

47
Sections 501.207, 501.2077, 501.2075, 501.208, F.S.
48
Sections 501.2105, 501.211, F.S.
49
“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or
process that: (a) Derives independent economic value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) Is
the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Section 688.002, F.S.
50
“Original equipment manufacturer” means a person or business that, in the ordinary course of business, is engaged in the
selling or leasing of new equipment to a person or business and is engaged in the diagnosis, service, maintenance, or repair of
such equipment.
51
“Embedded software” means any programmable instructions provided on firmware delivered with equipment for the
purpose of equipment operation, including all relevant patches and fixes made by the original equipment manufacturer for
this purpose. The term includes, but is not limited to, a basic internal operating system, an internal operating system, machine
code, assembly code, robot code, or microcode. “Firmware” means a software program or set of instructions programmed on
a hardware device to allow the device to communicate with other computer hardware.
BILL: SB 806 Page 7

to any independent repair provider52 or owner53 of equipment54 manufactured by the OEM. Such
information must be available free of charge or provided to an independent repair provider or
owner in the same manner that the OEM would divulge such information to an authorized repair
provider. Moreover, the bill states the OEM is subsequently not responsible for the content and
functionality of aftermarket tools, diagnostics, or service information systems.

Additionally, the OEM may not exclude any diagnostic, service, and repair information
necessary to reset a security-related electronic function on equipment manufactured by the OEM
which is sold or used in this state to provide security-related functions. If such information is
excluded under this bill, the necessary documentation to reset an immobilizer system or security-
related electronic module must be made available through the appropriate secure data release
system.

Exclusions
The bill explicitly does not:
• Require a manufacturer to divulge a trade secret.55
• Interfere with terms of an agreement between the OEM and an authorized repair provider,56
except for any provision within the agreement that waives, avoids, restricts, or limits and
OEM’s compliance with the terms defined within this bill.
• Require that OEMs or authorized repair providers give an owner or independent repair
provider access to non-diagnostic and repair documentation provided by an OEM to an
authorized repair provider pursuant the terms of an authorized repair agreement.

Civil Penalty
An OEM that violates this section is liable for a civil penalty of up to $500 per violation.

Effective Date

Section 9 sets out an effective date of July 1, 2026.

52
“Independent repair provider” means a person or business operating in this state which is not affiliated with an original
equipment manufacturer or an original equipment manufacturer’s authorized repair provider and which is engaged in the
diagnosis, service, maintenance, or repair of equipment. However, an original equipment manufacturer meets the definition
of an independent repair provider if such original equipment manufacturer engages in the diagnosis, service, maintenance, or
repair of equipment that is not affiliated with the original equipment manufacturer.
53
“Owner” means a person or business that owns or leases a digital electronic product purchased or used in this state.
54
“Equipment” means digital electronic equipment, or a part for such equipment, which is originally manufactured for farm
equipment, including combines, tractors, implements, self-propelled equipment, and related attachments and implements, and
which is manufactured for distribution and sale in this state. “Part” means a replacement part, either new or used, which the
original equipment manufacturer makes available to the authorized repair provider for the purpose of effecting repair.
55
“Trade secret” means anything, whether tangible or intangible or electronically stored or kept, which constitutes,
represents, evidences, or records intellectual property, including secret or confidentially held designs, processes, procedures,
formulas, inventions, or improvements or secret or confidentially held scientific, technical, merchandising, production,
financial, business, or management information. The term also includes any other trade secret as defined in 18 U.S.C. s.
1839.
56
“Authorized Repair Provider” means an individual or entity that has an arrangement for a definite or indefinite period in
which an original equipment manufacturer grants to a separate individual or entity a license to use a trade name, service
mark, or related characteristic for the purpose of offering repair services under the name of the original equipment
manufacturer.
BILL: SB 806 Page 8

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

None.

C. Government Sector Impact:

None.

VI. Technical Deficiencies:

The phrase “fair and reasonable terms” is defined in section 8 of the bill, but the phrase is not
used elsewhere under the Agricultural Equipment Fair Repair Act portion of the bill, rendering
the definition unnecessary.

VII. Related Issues:

None.

VIII. Statutes Affected:

This bill creates the following sections of the Florida Statutes: 559.971, 559.976, 559.972,
559.973, 559.974, 559.975, 686.35.
BILL: SB 806 Page 9

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 806 Florida Senate - 2026 SB 806

By Senator Truenow

13-01298-26 2026806__ 13-01298-26 2026806__
1 A bill to be entitled 30 Be It Enacted by the Legislature of the State of Florida:
2 An act relating to consumers’ right to repair certain 31
3 equipment; providing a directive to the Division of 32 Section 1. The Division of Law Revision is directed to
4 Law Revision; creating s. 559.971, F.S.; providing a 33 create part XIV of chapter 559, Florida Statutes, consisting of
5 short title; creating s. 559.972, F.S.; defining 34 ss. 559.971-559.976, Florida Statutes, to be entitled “Digital
6 terms; creating s. 559.973, F.S.; requiring portable 35 Right to Repair.”
7 wireless device manufacturers to make certain items 36 Section 2. Section 559.971, Florida Statutes, is created to
8 available to device owners and independent repair 37 read:
9 providers; prohibiting certain manufacturers from 38 559.971 Short title.—This part may be cited as the
10 requiring authorized repair providers to continue 39 “Portable Wireless Device Repair Act.”
11 purchasing certain information in a proprietary 40 Section 3. Section 559.972, Florida Statutes, is created to
12 format; providing an exception; creating s. 559.974, 41 read:
13 F.S.; providing for enforcement; providing for 42 559.972 Definitions.—As used in this act, the term:
14 damages; providing that a complaint may be filed in 43 (1) “Authorized repair provider” means an individual or a
15 circuit court under certain circumstances; providing 44 business that is unaffiliated with the manufacturer and has an
16 requirements for such complaint; providing that a 45 arrangement with the manufacturer under which the manufacturer
17 violation is a deceptive and unfair trade practice; 46 grants to the individual or business a license to use a trade
18 creating s. 559.975, F.S.; providing construction; 47 name, service mark, or other proprietary identifier for the
19 creating s. 559.976, F.S.; providing applicability; 48 diagnosis, maintenance, or repair of portable wireless devices
20 creating s. 686.35, F.S.; defining terms; requiring 49 under the name of the manufacturer, or any other arrangement
21 original equipment manufacturers of agricultural 50 with the manufacturer to offer services on behalf of the
22 equipment to make certain diagnostic and repair 51 manufacturer. A manufacturer that offers the services of
23 information available for no charge and in a certain 52 diagnosis, maintenance, or repair of portable wireless devices
24 manner to independent repair providers and owners; 53 manufactured by the manufacturer or on the manufacturer’s
25 prohibiting original equipment manufacturers from 54 behalf, or sold or otherwise supplied by the manufacturer, and
26 excluding certain information concerning security- 55 that does not do so exclusively through one or more arrangements
27 related functions; providing construction; providing 56 as described in this subsection with an unaffiliated individual
28 civil liability; providing an effective date. 57 or business, is deemed to be an authorized repair provider of
29 58 portable wireless devices.

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13-01298-26 2026806__ 13-01298-26 2026806__
59 (2) “Documentation” means a manual, a diagram, a reporting 88 (5) “Manufacturer” means an individual or a business that
60 output, a service code description, a schematic, a security code 89 sells, leases, or otherwise supplies new portable wireless
61 or a password, or any other information used in the diagnosis, 90 devices, or parts of new portable wireless devices, manufactured
62 maintenance, or repair of portable wireless devices. 91 by or on behalf of the individual or business to another
63 (3) “Fair and reasonable terms,” for purposes of obtaining 92 individual or business.
64 a part, a tool, or documentation, means costs and terms that are 93 (6) “Owner” means an individual or a business that lawfully
65 equivalent to the most favorable costs and terms under which the 94 acquires a portable wireless device purchased or used in this
66 manufacturer offers the part, tool, or documentation to an 95 state.
67 authorized repair provider, accounting for any discount, rebate, 96 (7) “Part” means any replacement component made available
68 convenient and timely means of delivery, means of enabling fully 97 by or to a manufacturer for the purpose of maintaining or
69 restored and updated functionality, rights of use, or other 98 repairing portable wireless devices manufactured by or on behalf
70 incentive or preference that the manufacturer offers to an 99 of, sold by, or otherwise supplied by the manufacturer.
71 authorized repair provider or any additional cost, burden, or 100 (8) “Portable wireless device” means a product that
72 impediment that the manufacturer imposes on an owner or 101 includes a battery, microphone, speaker, and display designed to
73 independent repair provider. For documentation, including any 102 send and receive transmissions through a cellular radio-
74 relevant updates, the term also means at no charge, except that, 103 telephone service.
75 when the documentation is requested in print form, a charge may 104 (9) “Tool” means any software program, hardware implement,
76 be included for the reasonable actual costs of preparing and 105 or other apparatus used for diagnosing, maintaining, or
77 mailing the documentation. 106 repairing portable wireless devices, including software or other
78 (4) “Independent repair provider” means an individual or a 107 mechanisms that program or repair a part, calibrate
79 business that does not have an arrangement with a manufacturer 108 functionality, or perform any other function required to bring
80 as an authorized repair provider and that is not affiliated with 109 portable wireless devices back to fully functional condition.
81 any other individual or business that has such an arrangement 110 (10) “Trade secret” has the same meaning as in s. 688.002.
82 with the manufacturer when that individual or business 111 Section 4. Section 559.973, Florida Statutes, is created to
83 diagnoses, maintains, or repairs portable wireless devices. The 112 read:
84 term includes a manufacturer or an independent repair provider 113 559.973 Requirements.—
85 that diagnoses, maintains, or repairs portable wireless devices 114 (1) A manufacturer must make available to an owner of a
86 that are not manufactured by or on behalf of, or sold or 115 portable wireless device and to an independent repair provider
87 otherwise supplied by, the manufacturer. 116 of such device, on fair and reasonable terms, documentation,

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117 parts, and tools, inclusive of any updates, for diagnosing, 146 provided under paragraph (a), or if an independent repair
118 maintaining, or repairing such device. This subsection does not 147 provider or owner is not satisfied with the manufacturer’s cure,
119 require a manufacturer to provide a part that is no longer 148 the independent repair provider or owner may file a complaint in
120 available to the manufacturer. 149 the circuit court of the county in which the independent repair
121 (2) A manufacturer that sells diagnostic, service, or 150 provider has his, her, or its principal place of business or in
122 repair information to an independent repair provider or any 151 which the owner resides. The complaint must include the
123 other third-party provider in a format that is standardized with 152 following:
124 other manufacturers, and in a manner and on terms and conditions 153 1. Written information confirming that the independent
125 more favorable than the manner and terms and conditions pursuant 154 repair provider or owner has attempted to acquire and use,
126 to which an authorized repair provider obtains the same 155 through the then-available standard support function provided by
127 diagnostic, service, or repair information, may not require an 156 the manufacturer, relevant documentation, parts, and tools,
128 authorized repair provider to continue purchasing diagnostic, 157 including communicating with customer assistance.
129 service, or repair information in a proprietary format, unless 158 2. Evidence of manufacturer notification as required by
130 such proprietary format includes diagnostic, service, repair, or 159 paragraph (a).
131 dealership operations information or functionality that is not 160 (2) In addition to the remedy provided under subsection
132 available in such standardized format. 161 (1), a violation of this part is a deceptive and unfair trade
133 Section 5. Section 559.974, Florida Statutes, is created to 162 practice under the Florida Deceptive and Unfair Trade Practices
134 read: 163 Act. All remedies, penalties, and authority granted to the
135 559.974 Enforcement.— 164 enforcing authority by that act are available for the
136 (1)(a) An independent repair provider or owner who believes 165 enforcement of this part.
137 that a manufacturer has failed to provide documentation, parts, 166 Section 6. Section 559.975, Florida Statutes, is created to
138 or tools for diagnosing, maintaining, or repairing a portable 167 read:
139 wireless device as required by this part must notify the 168 559.975 Limitations.—
140 manufacturer in writing and give the manufacturer 30 days 169 (1) This part does not require a manufacturer to divulge a
141 following receipt of notice to cure the failure. If the 170 trade secret, except as necessary to provide documentation,
142 manufacturer responds to the notice and cures the failure within 171 parts, and tools on fair and reasonable terms.
143 the cure period, damages are limited to actual damages in any 172 (2) This part does not require a manufacturer or an
144 subsequent litigation. 173 authorized repair provider to provide an owner or independent
145 (b) If a manufacturer fails to respond to the notice 174 repair provider access to nondiagnostic and nonrepair

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175 information provided by a manufacturer to an authorized repair 204 (c) “Equipment” means digital electronic equipment, or a
176 provider. 205 part for such equipment, which is originally manufactured for
177 Section 7. Section 559.976, Florida Statutes, is created to 206 agricultural equipment, including combines, tractors,
178 read: 207 implements, self-propelled equipment, and related attachments
179 559.976 Applicability.— 208 and implements, and which is manufactured for distribution and
180 (1) This part applies to portable wireless devices sold or 209 sale in this state.
181 in use on or after July 1, 2026. 210 (d) “Fair and reasonable terms” means an equitable price in
182 (2) This part does not apply to portable wireless devices 211 light of relevant factors, including, but not limited to:
183 approved by the United States Food and Drug Administration, 212 1. The net cost to the authorized repair provider for
184 security or life-safety systems and devices, or manufacturers of 213 similar information obtained from an original equipment
185 security or life-safety systems and devices. 214 manufacturer, excluding any applicable discount, rebate, or
186 Section 8. Section 686.35, Florida Statutes, is created to 215 other incentive program;
187 read: 216 2. The cost to the original equipment manufacturer for
188 686.35 Agricultural Equipment Fair Repair Act.— 217 preparing and distributing the information, excluding any
189 (1) As used in this section, the term: 218 research and development costs incurred in designing and
190 (a) “Authorized repair provider” means an individual or 219 implementing, upgrading, or altering the product, but including
191 entity that has an arrangement for a definite or indefinite 220 amortized capital costs for the preparation and distribution of
192 period in which an original equipment manufacturer grants to a 221 the information;
193 separate individual or entity a license to use a trade name, 222 3. The price charged by other original equipment
194 service mark, or related characteristic for the purpose of 223 manufacturers for similar information;
195 offering repair services under the name of the original 224 4. The price charged by original equipment manufacturers
196 equipment manufacturer. 225 for similar information before the launch of original equipment
197 (b) “Embedded software” means any programmable instructions 226 manufacturer websites;
198 provided on firmware delivered with equipment for the purpose of 227 5. The ability of aftermarket technicians or shops to
199 equipment operation, including all relevant patches and fixes 228 afford the information;
200 made by the original equipment manufacturer for this purpose. 229 6. The means by which the information is distributed;
201 The term includes, but is not limited to, a basic internal 230 7. The extent to which the information is used, including
202 operating system, an internal operating system, a machine code, 231 the number of users and the frequency, duration, and volume of
203 an assembly code, a robot code, or a microcode. 232 use; and

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233 8. Inflation. 262 confidentially held scientific, technical, merchandising,
234 (e) “Firmware” means a software program or set of 263 production, financial, business, or management information. The
235 instructions programmed on a hardware device to allow the device 264 term also includes any other trade secret as defined in 18
236 to communicate with other computer hardware. 265 U.S.C. s. 1839.
237 (f) “Independent repair provider” means a person or 266 (2) For equipment sold and used in this state, the original
238 business operating in this state which is not affiliated with an 267 equipment manufacturer shall make available diagnostic and
239 original equipment manufacturer or an original equipment 268 repair information, including repair technical updates and
240 manufacturer’s authorized repair provider and which is engaged 269 corrections to embedded software, to any independent repair
241 in the diagnosis, service, maintenance, or repair of equipment. 270 provider or owner of equipment manufactured by such original
242 However, an original equipment manufacturer meets the definition 271 equipment manufacturer. The information must be made available
243 of an independent repair provider if such original equipment 272 for no charge or must be provided in the same manner as the
244 manufacturer engages in the diagnosis, service, maintenance, or 273 original equipment manufacturer makes such diagnostic and repair
245 repair of equipment that is not affiliated with the original 274 information available to an authorized repair provider.
246 equipment manufacturer. 275 Thereafter, the original equipment manufacturer is not
247 (g) “Original equipment manufacturer” means a person or 276 responsible for the content and functionality of such
248 business that, in the ordinary course of business, is engaged in 277 aftermarket diagnostic tools, diagnostics, or service
249 the selling or leasing of new equipment to a person or business 278 information systems.
250 and is engaged in the diagnosis, service, maintenance, or repair 279 (3) Original equipment manufactured by the original
251 of such equipment. 280 equipment manufacturer which is sold or used in this state to
252 (h) “Owner” means a person or business that owns or leases 281 provide security-related functions may not exclude from
253 a digital electronic product purchased or used in this state. 282 information provided to an owner or an independent repair
254 (i) “Part” means a replacement part, either new or used, 283 provider any diagnostic, service, and repair information
255 which the original equipment manufacturer makes available to the 284 necessary to reset a security-related electronic function. If
256 authorized repair provider for the purpose of effecting repair. 285 such information is excluded under this section, the information
257 (j) “Trade secret” means anything, whether tangible or 286 necessary to reset an immobilizer system or a security-related
258 intangible, electronically stored or kept, which constitutes, 287 electronic module must be obtainable by an owner or an
259 represents, evidences, or records intellectual property, 288 independent repair provider through the appropriate secure data
260 including secret or confidentially held designs, processes, 289 release system.
261 procedures, formulas, inventions, or improvements or secret or 290 (4) This section may not be construed to do any of the

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291 following:
292 (a) Require an original equipment manufacturer to divulge a
293 trade secret.
294 (b) Abrogate, interfere with, contradict, or alter the
295 terms of an agreement executed and in force between an
296 authorized repair provider and an original equipment
297 manufacturer, including, but not limited to, the performance or
298 provision of warranty or recall repair work by an authorized
299 repair provider on behalf of an original equipment manufacturer
300 pursuant to such authorized repair agreement, except that any
301 provision in such an authorized repair agreement which purports
302 to waive, avoid, restrict, or limit an original equipment
303 manufacturer’s compliance with this section is void and
304 unenforceable.
305 (c) Require original equipment manufacturers or authorized
306 repair providers to provide an owner or an independent repair
307 provider access to nondiagnostic and repair information provided
308 by an original equipment manufacturer to an authorized repair
309 provider pursuant to the terms of an authorized repair
310 agreement.
311 (5) An original equipment manufacturer found in violation
312 of this section is liable for a civil penalty of not more than
313 $500 for each violation.
314 Section 9. This act shall take effect July 1, 2026.

Page 11 of 11
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The Florida Senate
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Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL: SB 696
INTRODUCER: Senator Martin
SUBJECT: Registration of Trademarks
DATE: January 12, 2025 REVISED:

ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Favorable
2. ATD
3. RC

I. Summary:

SB 696 aligns Florida’s trademark registration system with federal law and international
standards. This bill creates an online registration system and allows for verification of
applications to be made via a written declaration or other statutorily accepted methods rather
than a Notary Public. The bill also mandates the Department of State (Department) must adopt
the U.S. Patent and Trademark Office’s (USPTO) system of classification of goods and services
yearly to avoid repeatedly amending state statutes.

The bill takes effect on July 1, 2026.

II. Present Situation:

Trademarks

A registered trademark can be any word, phrase, symbol, or design which distinguishes the
source of goods and services and provides legal protection for a brand.1 A trademark (“TM”)
protects a good while a service mark (“SM”) protects a service.2 While an owner can register
their mark with federal and state governments, it is not required by law—an owner of an
unregistered mark may still use it to brand their goods or services and still enforce trademark
rights under certain laws.3 However, trademark registration allows a person to prove ownership
more easily in legal proceedings and provides additional protections under state and federal law.4

1
USPTO, What is a trademark?, available at https://www.uspto.gov/trademarks/basics/what-trademark (last visited Jan. 12,
2026).
2
Id.
3
Id.
4
USPTO., Why register your trademark?, available at https://www.uspto.gov/trademarks/basics/why-register-your-trademark
(last visited Jan. 12, 2026).
BILL: SB 696 Page 2

Federal Law and Nice Classification

The USPTO regulates interstate use of trademarks pursuant to the Lanham Act, which was
adopted in 1946.5 In 1972, U.S. became a signatory to the Nice Agreement, a multilateral treaty
administered by the World Intellectual Property Organization.6 As such, all applications filed
under the Lanham Act after September 1, 1973, are subject to the Nice Classification. Under the
treaty, the Nice System classifications are reviewed and updated to reflect changes in technology
and commercial practices. The USPTO updates these classifications via federal rulemaking to
follow the Nice Classification.7

The Nice Classification is reviewed and revised by its Committee of Experts, which is made up
of representatives of each party to the Nice Agreement. “In 2013, the Committee of Experts
began annual revisions to the Nice Classification. The annual revisions enter into force on
January 1 each year [and] are referred to as versions and identified by an edition number and the
year of the effective date (e.g., “Nice Classification, 10th ed., ver. 2013” or “NCL 10-2013”).”8
The changes consist of the addition and deletion of new or obsolete goods and services from the
Nice Classification’s class headings, alphabetical list of named goods and services, and
explanatory notes, as well as any other required amendments.

Pursuant to the Nice Agreement and prior to registration under federal law, a trademark
application must specify the class of the goods and services to which the trademark applies.9 For
example, Class 1 includes chemical products for use in industry, science, and agriculture, while
Class 7 includes mainly machines, machine tools, motors, and engines.10

Florida Trademark Registration

In Florida, ch. 495, F.S., governs the intrastate use of trademarks in Florida, the registration of
which is overseen by the Department’s Division of Corporations (Division). Registering a
trademark in the state gives an owner greater rights over its use. There are currently 18,307
active trademark or service mark registrations in Florida.11

5
15 U.S.C. § 1051.
6
See World Intellectual Property Organization, WIPO-Administered Treaties, available at
https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=12 (last visited Jan. 12, 2026).
7
See, e.g., International Trademark Classification Changes, 90 Fed. Reg. 47,592 (Oct. 2, 2025) (codified at 37 C.F.R. 6.1).
8
Id., see also World Intellectual Property Organization, About the Nice Classification, available at
https://www.wipo.int/en/web/classification-nice/preface (last visited Jan. 12, 2026).
9
USPTO, Nice Agreement current edition version - general remarks, class headings and explanatory notes, available at
https://www.uspto.gov/trademarks/trademark-updates-and-announcements/nice-agreement-current-edition-version-general-
remarks (last visited Jan. 12, 2026).
10
Id.
11
Div. of Corp., Yearly Statistics, available at https://dos.fl.gov/sunbiz/about-us/yearly-statistics/ (last visited Jan. 12, 2026).
BILL: SB 696 Page 3

To register for a trademark,12 an applicant13 must mail a paper application to the Division, which
must include:
• The name, address, and if applicable, place of incorporation.
• An explanation of how the trademark will be used in connection with goods and services.
• The class(es) under which the goods or services fall—such classes are detailed in s. 495.111,
F.S.
• The date the trademark was first used, along with other details of the history of the
trademark’s use.
• A statement that the applicant is the owner of the trademark, the trademark is in use, and that
no other entity or person has registered the trademark or has the right to use the trademark in
Florida.14

The Division may require the applicant to provide additional information or amend the
application as needed.15 Furthermore, the applicant must sign the application form before a
Notary Public to comply with the statutory requirement that the application be “signed and
verified.”16

Recent Changes and Recommendations

In 2019, Florida statutes were updated to conform the state’s classifications for trademark goods
and services to the 11th edition of the Nice Classification;17 however, international standards are
updated often, making Florida statutes out of date already.18 The Florida Bar Business Law
Section has proposed amendments to Florida statutes to align the state trademark registration
system with national and international standards without needing to enact technical amendments
to the statute each year ministerial updates are made on the national level.19 Additionally, the
online application modernizes the registration system and ensures timely applications.20

III. Effect of Proposed Changes:

Classification

Section 1 amends s. 495.111, F.S., removing the previous classifications in this statute and
requiring the Department to adopt the USPTO’s classification system on July 1 each year. The

12
“Trademark” means any word, name, symbol, or device, or any combination thereof, used by a person to identify and
distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate
the source of the goods, even if the source is unknown. S. 495.011, F.S.
13
“Applicant” means the person filing an application for registration of a mark under this chapter and the legal
representatives, successors, or assigns of such person. S. 495.011, F.S.
14
Section 495.031, F.S.
15
Section 495.035, F.S.
16
Id.
17
See s. 495.111, F.S.; see also Fla. SB 198 (2019).
18
Florida Bar Business Law Section, Trademark Modernization Amendments Act of 2026 White Paper, available at
https://flabizlaw.org/wp-content/uploads/2025/06/2026-Trademark-Draft-Bill-White-Paper-for-Circulation-1.pdf (last visited
Jan. 12, 2026).
19
Id.
20
Id.
BILL: SB 696 Page 4

Department must publish this classification system as part of the trademark registration
application as set out in ss. 495.031 and 495.0315, F.S.

Application for Registration

Section 2 creates s. 495.0315, F.S., directing the Department to create and maintain a website for
applicants to submit online trademark registration applications and renewals. The website must
protect applicants’ information to ensure data integrity and the website must be available by July
1, 2027. The website must also allow the applicant to provide an electronic version of the
required specimen of use, provide an electronic version of a drawing of the mark, pay the
required fee, and complete the required verification.

Section 3 amends s. 495.031, F.S., mandating that verification for applications be made in
accordance with s. 92.525, F.S. (allowing verification by oath/affirmation or written declaration).
Additionally, the bill requires that every online application be accompanied by an electronic
copy of the specimen which complies with the requirements of the Department, showing the
mark as actually used.

Effective Date

Section 4 sets out an effective date of July 1, 2026.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

Under s. 3, art. II of the Florida Constitution, the non-delegation doctrine prohibits the
Legislature from delegating its primary policymaking functions to the other branches of
state government or the federal government.21 Pursuant to this doctrine, the Legislature

21
Bush v. Schiavo, 885 So. 2d 321, 332 (Fla. 2004).
BILL: SB 696 Page 5

may not adopt or incorporate any federal law that has not yet been enacted.22 In Welch,
the Florida Supreme Court struck down a statute criminalizing certain acts by reference
to future drug abuse laws.23 The Court held that when a statute incorporates by reference
future federal laws, Florida courts should apply federal law that was in effect at the time a
state law was enacted—not federal laws, rules, or standards that come into existence
afterwards.24 This bill directs the department to look to future federal law.

However, in Eastern Air Lines, the Florida Supreme Court limited the holding of Welch
to cases which incorporate federal statutes and rules which substantively change the
law.25 In that case, the statute at issue mandated that adjustments to the fuel tax should be
based on the Consumer Price Index, updated monthly by the U.S. Department of Labor.26
The Court upheld the statute as constitutional because the calculations were ministerial
and the Legislature provided clear guidelines.27 Here, as the classification of trademarks
does not affect the rights and remedies of a trademark owner under law,28 USPTO’s
revisions to the federal trademark classification system could be found to be ministerial
and thus potentially constitutional.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

Indeterminate. Businesses in Florida will have minimal costs to comply with the
requirements of this bill.29

C. Government Sector Impact:

Indeterminate. There are minimal costs to update the Division’s online registration
system and comply with the requirement of this bill.30

22
Abbott Labs. v. Mylan Pharm., Inc., 15 So. 3d 642, 654 (Fla. 1st DCA 2009); State v. Welch, 279 So. 2d 11 (Fla. 1973);
Fla. Indus. Comm'n v. State ex rel. Orange State Oil Co., 21 So. 2d 599 (Fla. 1945); State v. Rodriquez, 365 So. 2d 157 (Fla.
1978); State v. Camil, 279 So.2d 832 (Fla. 1973); Hughes v. State, 943 So. 2d 176 (Fla. DCA 3d 2006).
23
Welch, 279 So. 2d at 12-13.
24
Id.
25
E. Air Lines, Inc. v. Dep't of Revenue, 455 So. 2d 311, 316 (Fla. 1984).
26
Id.
27
Id.
28
15 U.S.C. s. 1112 (“The Director may establish a classification of goods and services, for convenience of Patent and
Trademark Office administration, but not to limit or extend the applicant's or registrant's rights.”).
29
Florida Bar Business Law Section, Trademark Modernization Amendments Act of 2026 White Paper, available at
https://flabizlaw.org/wp-content/uploads/2025/06/2026-Trademark-Draft-Bill-White-Paper-for-Circulation-1.pdf (last visited
Jan. 12, 2026).
30
Id.
BILL: SB 696 Page 6

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

VIII. Statutes Affected:

This bill substantially amends the following sections of the Florida Statutes: 495.111, 495.031.
This bill creates section 495.0315 of the Florida Statutes.

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 696 Florida Senate - 2026 SB 696

By Senator Martin

33-00850-26 2026696__ 33-00850-26 2026696__
1 A bill to be entitled 30 495.0315. The following general classes of goods and services,
2 An act relating to registration of trademarks; 31 conforming to the classification adopted by the United States
3 amending s. 495.111, F.S.; removing provisions 32 Patent and Trademark Office, are established for convenience of
4 relating to the classification of goods and services 33 administration of this chapter:
5 for trademark purposes; requiring the Department of 34 (a) Goods:
6 State to adopt a federal system of classification each 35 1. Class 1 Chemicals for use in industry, science and
7 year; requiring publication of the classification as 36 photography, as well as in agriculture, horticulture and
8 part of the trademark registration application; 37 forestry; unprocessed artificial resins, unprocessed plastics;
9 creating s. 495.0315, F.S.; requiring the department 38 fire extinguishing and fire prevention compositions; tempering
10 to establish and maintain a secure Internet website 39 and soldering preparations; substances for tanning animal skins
11 that allows submission of an online trademark 40 and hides; adhesives for use in industry; putties and other
12 registration application and renewal application; 41 paste fillers; compost, manures, fertilizers; biological
13 providing website requirements; requiring the 42 preparations for use in industry and science.
14 department to make the online application system 43 2. Class 2 Paints, varnishes, lacquers; preservatives
15 available by a specified date; amending s. 495.031, 44 against rust and against deterioration of wood; colorants, dyes;
16 F.S.; providing online application requirements; 45 inks for printing, marking and engraving; raw natural resins;
17 providing an effective date. 46 metals in foil and powder form for use in painting, decorating,
18 47 printing and art.
19 Be It Enacted by the Legislature of the State of Florida: 48 3. Class 3 Non-medicated cosmetics and toiletry
20 49 preparations; non-medicated dentifrices; perfumery, essential
21 Section 1. Subsection (1) of section 495.111, Florida 50 oils; bleaching preparations and other substances for laundry
22 Statutes, is amended to read: 51 use; cleaning, polishing, scouring and abrasive preparations.
23 495.111 Classification.— 52 4. Class 4 Industrial oils and greases, wax; lubricants;
24 (1) The department shall, no later than July 1 of each 53 dust absorbing, wetting and binding compositions; fuels and
25 year, adopt as the state classification system the United States 54 illuminants; candles and wicks for lighting.
26 Patent and Trademark Office’s system of classification of goods 55 5. Class 5 Pharmaceuticals, medical and veterinary
27 and services in effect on June 1 of that year. The 56 preparations; sanitary preparations for medical purposes;
28 classification shall be published as part of the trademark 57 dietetic food and substances adapted for medical or veterinary
29 registration application as set forth in ss. 495.031 and 58 use, food for babies; dietary supplements for humans and

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Florida Senate - 2026 SB 696 Florida Senate - 2026 SB 696

33-00850-26 2026696__ 33-00850-26 2026696__
59 animals; plasters, materials for dressings; material for 88 assistive devices adapted for the disabled; massage apparatus;
60 stopping teeth, dental wax; disinfectants; preparations for 89 apparatus, devices and articles for nursing infants; sexual
61 destroying vermin; fungicides, herbicides. 90 activity apparatus, devices and articles.
62 6. Class 6 Common metals and their alloys, ores; metal 91 11. Class 11 Apparatus for lighting, heating, steam
63 materials for building and construction; transportable buildings 92 generating, cooking, refrigerating, drying, ventilating, water
64 of metal; non-electric cables and wires of common metal; small 93 supply and sanitary purposes.
65 items of metal hardware; metal containers for storage or 94 12. Class 12 Vehicles; apparatus for locomotion by land,
66 transport; safes. 95 air or water.
67 7. Class 7 Machines, machine tools, power-operated tools; 96 13. Class 13 Firearms; ammunition and projectiles;
68 motors and engines, except for land vehicles; machine coupling 97 explosives; fireworks.
69 and transmission components, except for land vehicles; 98 14. Class 14 Precious metals and their alloys; jewellery,
70 agricultural implements, other than hand-operated hand tools; 99 precious and semi-precious stones; horological and chronometric
71 incubators for eggs; automatic vending machines. 100 instruments.
72 8. Class 8 Hand tools and implements, hand-operated; 101 15. Class 15 Musical instruments.
73 cutlery; side arms, except firearms; razors. 102 16. Class 16 Paper and cardboard; printed matter;
74 9. Class 9 Scientific, nautical, surveying, photographic, 103 bookbinding material; photographs; stationery and office
75 cinematographic, optical, weighing, measuring, signaling, 104 requisites, except furniture; adhesives for stationery or
76 checking (supervision), life-saving and teaching apparatus and 105 household purposes; drawing materials and materials for artists;
77 instruments; apparatus and instruments for conducting, 106 paintbrushes; instructional and teaching materials; plastic
78 switching, transforming, accumulating, regulating or controlling 107 sheets, films and bags for wrapping and packaging; printers’
79 electricity; apparatus for recording, transmission or 108 type, printing blocks.
80 reproduction of sound or images; magnetic data carriers, 109 17. Class 17 Unprocessed and semi-processed rubber, gutta-
81 recording discs; compact discs, DVDs and other digital recording 110 percha, gum, asbestos, mica and substitutes for all these
82 media; mechanisms for coin-operated apparatus; cash registers, 111 materials; plastics and resins in extruded form for use in
83 calculating machines, data processing equipment, computers; 112 manufacture; packing, stopping and insulating materials;
84 computer software; fire-extinguishing apparatus. 113 flexible pipes, tubes and hoses, not of metal.
85 10. Class 10 Surgical, medical, dental and veterinary 114 18. Class 18 Leather and imitations of leather; animal
86 apparatus and instruments; artificial limbs, eyes and teeth; 115 skins and hides; luggage and carrying bags; umbrellas and
87 orthopaedic articles; suture materials; therapeutic and 116 parasols; walking sticks; whips, harness and saddlery; collars,

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117 leashes and clothing for animals. 146 (non-textile).
118 19. Class 19 Building materials (non-metallic); non- 147 28. Class 28 Games, toys and playthings; video game
119 metallic rigid pipes for building; asphalt, pitch and bitumen; 148 apparatus; gymnastic and sporting articles; decorations for
120 non-metallic transportable buildings; monuments, not of metal. 149 Christmas trees.
121 20. Class 20 Furniture, mirrors, picture frames; 150 29. Class 29 Meat, fish, poultry and game; meat extracts;
122 containers, not of metal, for storage or transport; unworked or 151 preserved, frozen, dried and cooked fruits and vegetables;
123 semi-worked bone, horn, whalebone or mother-of-pearl; shells; 152 jellies, jams, compotes; eggs; milk and milk products; oils and
124 meerschaum; yellow amber. 153 fats for food.
125 21. Class 21 Household or kitchen utensils and containers; 154 30. Class 30 Coffee, tea, cocoa and artificial coffee;
126 cookware and tableware, except forks, knives and spoons; combs 155 rice; tapioca and sago; flour and preparations made from
127 and sponges; brushes, except paintbrushes; brush-making 156 cereals; bread, pastries and confectionery; edible ices; sugar,
128 materials; articles for cleaning purposes; unworked or semi- 157 honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
129 worked glass, except building glass; glassware, porcelain and 158 sauces (condiments); spices; ice (frozen water).
130 earthenware. 159 31. Class 31 Raw and unprocessed agricultural,
131 22. Class 22 Ropes and string; nets; tents and tarpaulins; 160 aquacultural, horticultural and forestry products; raw and
132 awnings of textile or synthetic materials; sails; sacks for the 161 unprocessed grains and seeds; fresh fruits and vegetables, fresh
133 transport and storage of materials in bulk; padding, cushioning 162 herbs; natural plants and flowers; bulbs, seedlings and seeds
134 and stuffing materials, except of paper, cardboard, rubber or 163 for planting; live animals; foodstuffs and beverages for
135 plastics; raw fibrous textile materials and substitutes 164 animals; malt.
136 therefor. 165 32. Class 32 Beers; mineral and aerated waters and other
137 23. Class 23 Yarns and threads, for textile use. 166 non-alcoholic beverages; fruit beverages and fruit juices;
138 24. Class 24 Textiles and substitutes for textiles; 167 syrups and other preparations for making beverages.
139 household linen; curtains of textile or plastic. 168 33. Class 33 Alcoholic beverages (except beers).
140 25. Class 25 Clothing, footwear, headgear. 169 34. Class 34 Tobacco; smokers’ articles; matches.
141 26. Class 26 Lace and embroidery, ribbons and braid; 170 (b) Services:
142 buttons, hooks and eyes, pins and needles; artificial flowers; 171 1. Class 35 Advertising; business management; business
143 hair decorations; false hair. 172 administration; office functions.
144 27. Class 27 Carpets, rugs, mats and matting, linoleum and 173 2. Class 36 Insurance; financial affairs; monetary
145 other materials for covering existing floors; wall hangings 174 affairs; real estate affairs.

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175 3. Class 37 Building construction; repair; installation 204 Section 2. Section 495.0315, Florida Statutes, is created
176 services. 205 to read:
177 4. Class 38 Telecommunications. 206 495.0315 Online application for registration.—
178 5. Class 39 Transport; packaging and storage of goods; 207 (1) The department shall establish and maintain a secure
179 travel arrangement. 208 Internet website that allows an applicant to submit an online
180 6. Class 40 Treatment of materials. 209 trademark registration application in accordance with ss.
181 7. Class 41 Education; providing of training; 210 495.031 and 495.035 and a renewal application in accordance with
182 entertainment; sporting and cultural activities. 211 s. 495.071. The website must safeguard the applicant’s
183 8. Class 42 Scientific and technological services and 212 information to ensure data integrity and allow the applicant to:
184 research and design relating thereto; industrial analysis and 213 (a) Provide an electronic version of a required specimen of
185 research services; design and development of computer hardware 214 use.
186 and software. 215 (b) Provide an electronic version of a drawing of the mark.
187 9. Class 43 Services for providing food and drink; 216 (c) Pay the fee required by s. 495.191.
188 temporary accommodation. 217 (d) Complete the verification required by s. 495.031(5).
189 10. Class 44 Medical services; veterinary services; 218 (2) The department shall make the online application system
190 hygienic and beauty care for human beings or animals; 219 required by this section available no later than July 1, 2027.
191 agriculture, horticulture and forestry services. 220 Section 3. Subsections (5) and (6) of section 495.031,
192 11. Class 45 Legal services; security services for the 221 Florida Statutes, are amended to read:
193 physical protection of tangible property and individuals; 222 495.031 Application for registration.—
194 personal and social services rendered by others to meet the 223 (5) Every application under this section shall be signed
195 needs of individuals. 224 and verified by the applicant or by a member of the firm or an
196 (c) Certification and collective membership marks: 225 officer or other authorized representative of the business
197 1. Class 200 Collective membership marks. 226 entity applying. Verification must be made in accordance with s.
198 2. Class A Certification marks for goods. 227 92.525.
199 3. Class B Certification marks for services. 228 (6) Every paper application under this section shall be
200 (d) The goods and services recited in collective trademark 229 accompanied by three specimens or facsimiles showing the mark as
201 and collective service mark applications are assigned to the 230 actually used. Every online application under this section must
202 same classes that are appropriate for those goods and services 231 be accompanied by an electronic copy of a specimen, complying
203 in general. 232 with the requirements of the department, showing the mark as

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33-00850-26 2026696__
233 actually used.
234 Section 4. This act shall take effect July 1, 2026.

Page 9 of 9
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
/I3/06 APPEARANCE RECORD G96
Meeting Date Bill Number or Topic
Deliver both copies of this form to
CoMMuet'eY tu$ Senate professional staff conducting the meeting

Name a at .2-757274
Amendment Barcode (if applicable)

«. &t1 M[rl Email 3can,or@pa,-ri

El pip g, Zip

Speaking: « D Against D Information OR Waive Speaking: D In Support D Against

PLEASE CHECK ONE OF THE FOLLOWING:
~ appearing without
compensation or sponsorship.
D I am a registered lobbyist,
representing:
□ I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:

While it is a tradition to encourage public testimony, time may not permit all persons wishing tu speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. § 11.045 andJoint Rule I. 2020-2022JointRules.pdf(f/senate.aov)

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

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

BILL: SB 930
INTRODUCER: Senator Martin
SUBJECT: Florida Retirement Savings Task Force
DATE: January 12, 2026 REVISED:

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

I. Summary:

SB 930 creates the Florida Retirement Savings Task Force (task force) to study and develop
recommendations to expand access to retirement savings options for private-sector employees
who do not have employer-sponsored retirement plans. The task force must examine coverage
gaps in Florida, evaluate approaches in other states, propose policy and implementation
recommendations, and identify barriers to retirement savings.

The bill establishes and specifies membership of the Task Force. The Department of Commerce
must provide administrative, technical, and staff support. The task force must submit a final
report on recommendations to the Governor and the Legislature by June 1, 2027.

The bill takes effect upon becoming law.

II. Present Situation:

Task Force Requirements

Florida law defines a “task force” as an advisory group established without specific statutory
enactment for a period not exceeding one year or formed by specific statutory enactment for a
duration of no more than three years. Its purpose is to study a specific problem and recommend
solutions or policy options related to that issue. The task force must disband once it has
completed its designated task.1 Members of a task force, unless expressly provided otherwise by
specific statutory enactment, serve without additional compensation and are authorized to receive
only per diem and reimbursement for travel expenses.2

1
Section 20.03(5), F.S.
2
Section 20.052(4)(d), F.S.
BILL: SB 930 Page 2

Private Sector Retirement Plans

Research shows that 47 percent of private-sector full-time and part-time workers aged 18 and
older lack access to employer-sponsored retirement savings plans in the United States. Small
businesses with fewer than 50 employees are among the hardest-hit sectors, with 63 percent of
employees lacking access.3

About 59 percent of Florida’s private sector employees work for an employer that does not offer
either a traditional pension or a retirement savings plan. This includes all levels of earnings,
education, and backgrounds.4 Additionally, 73 percent of small businesses with 10-24 employees
lack access to employer-sponsored retirement plans, and in businesses with fewer than 100
employees, about 2.5 million workers lack access to a retirement plan.5

Twenty states6 have enacted a variety of state-administered retirement savings programs to
expand private-sector access to retirement plans, including Payroll Deduction IRAs,7 auto-IRAs,8
and multiple-employer plans.9 The programs have the potential to provide coverage to more than
20 million workers in those states who currently lack access.10

III. Effect of Proposed Changes:

SB 930 creates s. 445.15, F.S., establishing the Florida Retirement Savings Task Force Act (task
force), adjunct to the Department of Commerce (department), for the purpose of examining and
developing recommendations for expanding access to retirement savings vehicles for private
sector employees who lack employer-sponsored retirement plans. The department must provide
administrative, technical, and staff support to the task force.

The bill requires that the task force consists of 15 members divided as follows:
• Five members appointed by the Governor, who must possess the following qualifications:
o An actuarial or investment specialist well-versed in long-term asset performance.

3
Georgetown University, Center for Retirement Initiatives, State Programs 2025: Partnerships Continue to Expand and
Several New Programs Will Launch, available at https://cri.georgetown.edu/states/ (last visited Jan. 12, 2026).
4
AARP, Florida Work & Save Hub, available at https://states.aarp.org/florida/aarp-florida-work-save-hub (last visited Jan.
12, 2026).
5
Id.
6
The 20 states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts,
Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, Vermont, and
Washington. See Georgetown University, Center for Retirement Initiatives, State Programs 2025: Partnerships Continue to
Expand and Several New Programs Will Launch, available at https://cri.georgetown.edu/states/ (last visited Jan. 12, 2026).
7
Under a Payroll Deduction IRA, employees establish a Traditional or Roth IRA with a financial institution and authorize a
payroll deduction amount for it. See Internal Revenue Service, Payroll deduction IRA, available at
https://www.irs.gov/retirement-plans/plan-sponsor/payroll-deduction-ira (last visited Jan. 12, 2026).
88
Auto-IRAs require a private employer that doesn’t sponsor a savings plan of their own to enroll workers in a state-
facilitated IRA at the present savings rate, which is automatically deducted from the employee’s paycheck. See AARP, How
Auto IRAs Are Helping More Workers Save for Retirement, available at https://www.aarp.org/money/retirement/states-with-
automatic-ira-savings-programs/?utm_source=chatgpt.com (last visited Jan. 12, 2026).
9
A multiple-employer plan is a plan maintained by two or more employers who are not related. See Internal Revenue
Service, Multiple employer plans, available at https://www.irs.gov/retirement-plans/multiple-employer-plans (last visited Jan.
12, 2026).
10
Georgetown University, Center for Retirement Initiatives, State Programs 2025: Partnerships Continue to Expand and
Several New Programs Will Launch, available at https://cri.georgetown.edu/states/ (last visited Jan. 12, 2026).
BILL: SB 930 Page 3

o A community advocate representing a low-income or underserved community.
o An attorney or policy analyst well-versed in labor law, pension regulation, or state
legislative frameworks.
o A representative from the American Association of Retired Persons to provide
insight into senior financial security and retirement readiness.
o A Florida resident who has demonstrated experience in retirement planning or
workforce financial education.
• Five members appointed by the Senate President, who must possess the following
qualifications:
o A current employee of the Department of Management Services of the Division of
Retirement.
o A representative from the public sector.
o A small business owner.
o A certified financial planner.
o A professor from a state university whose area of academic research is labor
economics, demography, or retirement system design.
• Five members appointed by the Speaker of the House of Representatives, who must possess
the following qualifications:
o A current employee of the department.
o A representative from the private sector or a nontraditional employment area.
o A representative from a large employer or an employer association.
o A retirement policy analyst familiar with the Florida Retirement System.
o A state university professor whose area of academic research is in labor
economics, demography, or retirement system design.

The task force must convene no later than 60 days after the bill becomes law and must meet
quarterly thereafter, or upon call of the chair. Members serve without compensation but are
entitled to receive reimbursement for per diem and travel expenses.

The task force is charged with the following tasks:
• Assessing current coverage gaps in Florida’s private sector retirement;
• Reviewing existing state and national models for retirement plans;
• Proposing policy, design, and implementation recommendations;
• Identifying regulatory, administrative, and financial barriers to implementation; and
• Evaluating fiscal impacts and possible funding mechanisms.

Any confidential or exempt information received from state agencies must remain confidential
and exempt by the task force.11

The task force must submit an interim report outlining the task force’s initial findings to the
Governor, the President of the Senate, and the Speaker of the House of Representatives by
December 1, 2026. A final report must be submitted by June 1, 2027, that includes actionable
recommendations and proposed statutory language to expand access to retirement savings

11
Records designated as “confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute. See WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th
DCA 2004).
BILL: SB 930 Page 4

vehicles for private-sector employees who lack employer-sponsored retirement plans. The task
force expires July 1, 2028, unless reenacted by the Legislature.

The bill takes effect upon becoming law.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

None.

C. Government Sector Impact:

The Department of Commerce may incur some costs in supporting the Task Force.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.
BILL: SB 930 Page 5

VIII. Statutes Affected:

This bill creates section 445.15 of the Florida Statutes.

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 930 Florida Senate - 2026 SB 930

By Senator Martin

33-01407-26 2026930__ 33-01407-26 2026930__
1 A bill to be entitled 30 445.15 Florida Retirement Savings Task Force.—
2 An act relating to the Florida Retirement Savings Task 31 (1) There is created adjunct to the department the Florida
3 Force; providing a short title; creating s. 445.15, 32 Retirement Savings Task Force, a task force as defined in s.
4 F.S.; creating the Florida Retirement Savings Task 33 20.03(5). The department shall provide administrative,
5 Force adjunct to the Department of Commerce; requiring 34 technical, and staff support to the task force. The purpose of
6 the department to provide administrative, technical, 35 the task force is to examine and develop recommendations to
7 and staff support to the task force; providing a 36 expand access to retirement savings vehicles for private sector
8 purpose for the task force; providing for the 37 employees who lack employer-sponsored retirement plans.
9 membership of the task force; requiring the task force 38 (2) The task force shall be composed of 15 members, as
10 to convene its first meeting within a specified 39 follows:
11 timeframe; requiring the task force to meet quarterly 40 (a) An actuarial or investment specialist well-versed in
12 or upon the call of the chair; requiring the task 41 long-term asset performance, appointed by the Governor.
13 force to elect a chair and vice chair; providing that 42 (b) A community advocate who represents a low-income or
14 members serve without compensation but are entitled to 43 underserved community, appointed by the Governor.
15 per diem and travel reimbursement; providing the 44 (c) An attorney or policy analyst well-versed in labor law,
16 duties of the task force; authorizing the task force 45 pension regulation, or state legislative frameworks, appointed
17 to receive confidential and exempt information under 46 by the Governor.
18 specified conditions; requiring the task force to 47 (d) A representative from the American Association of
19 provide the Governor and Legislature a certain 48 Retired Persons who may provide insight into senior financial
20 preliminary report and a final report by specified 49 security and retirement readiness, appointed by the Governor.
21 dates; providing for the expiration of the task force; 50 (e) A Florida resident who has demonstrated experience in
22 providing an effective date. 51 retirement planning or workforce financial education, appointed
23 52 by the Governor.
24 Be It Enacted by the Legislature of the State of Florida: 53 (f) A current employee of the Department of Management
25 54 Services of the Division of Retirement, appointed by the
26 Section 1. This act may be cited as the “Florida Retirement 55 President of the Senate.
27 Savings Task Force Act.” 56 (g) A representative from the public sector, appointed by
28 Section 2. Section 445.15, Florida Statutes, is created to 57 the President of the Senate.
29 read: 58 (h) A small business owner, appointed by the President of

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59 the Senate. 88 reimbursement for per diem and travel expenses as provided in s.
60 (i) A certified financial planner, appointed by the 89 112.061.
61 President of the Senate. 90 (4) At a minimum, the task force shall do all of the
62 (j) A professor from a state university whose area of 91 following:
63 academic research is labor economics, demography, or retirement 92 (a) Assess current coverage gaps in this state in private
64 system design, appointed by the President of the Senate. 93 sector retirement.
65 (k) A current employee of the department, appointed by the 94 (b) Review existing state and national models for
66 Speaker of the House of Representatives. 95 retirement plans.
67 (l) A representative from the private sector or a 96 (c) Propose policy, design, and implementation
68 nontraditional employment area, appointed by the Speaker of the 97 recommendations.
69 House of Representatives. 98 (d) Identify regulatory, administrative, and financial
70 (m) A representative from a large employer or an employer 99 barriers to implementation.
71 association, appointed by the Speaker of the House of 100 (e) Evaluate fiscal impacts and possible funding
72 Representatives. 101 mechanisms.
73 (n) A retirement policy analyst who is familiar with the 102 (5) The task force may receive confidential or exempt
74 Florida Retirement System, appointed by the Speaker of the House 103 information from state agencies, and the task force must
75 of Representatives. 104 maintain the confidential and exempt nature of such information
76 (o) A professor from a state university whose area of 105 to the extent allowed by law.
77 academic research is labor economics, demography, or retirement 106 (6)(a) No later than December 1, 2026, the task force shall
78 system design, appointed by the Speaker of the House of 107 submit an interim report to the Governor, the President of the
79 Representatives. 108 Senate, and the Speaker of the House of Representatives which
80 (3)(a) The task force shall convene no later than 60 days 109 outlines the task force’s initial findings.
81 after the effective date of this act and shall meet quarterly 110 (b) No later than June 1, 2027, the task force shall submit
82 thereafter or upon the call of the chair. 111 to the Governor, the President of the Senate, and the Speaker of
83 (b) At its first meeting, the task force shall elect a 112 the House of Representatives the final report that includes
84 chair and a vice chair from among its members. 113 actionable recommendations and proposed statutory language for
85 (c) The task force may meet using communications media 114 expanding access to retirement savings vehicles for private-
86 technology as defined in s. 120.54(5)(b)2. 115 sector employees who lack employer-sponsored retirement plans.
87 (d) Members serve without compensation but are entitled to 116 (7) This section expires July 1, 2028, unless reenacted by

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Florida Senate - 2026 SB 930

33-01407-26 2026930__
117 the Legislature.
118 Section 3. This act shall take effect upon becoming a law.

Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate

Meeting Date
APPEARANCE RECORD 563 330
Bill Number or Topic
Deliver both copies of this form to
Senate professional staff conducting the meeting
err? Isis
Committee Amendment Barcode (if applicable)

Name

Address Email
Street

I
City State Zip

Speaking: D For D Against D Information OR Waive Speaking: [ in support D Against

PLEASE CHECK ONE OF THE FOLLOWING:

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

427 sponsored by:

While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat.§ 7 7.045 and Joint Rule 7. 2020-2022JointRules.odf (f/senate.gov)

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

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

BILL: SB 874
INTRODUCER: Senator Gaetz
SUBJECT: Professional Licensure Reciprocity for the Practice of Surveying and Mapping
DATE: January 12, 2026 REVISED:

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

I. Summary:

SB 874 amends s. 472.015, F.S., to revise the requirements for surveying and mapping applicants
seeking licensure by endorsement from the Board of Professional Surveyors and Mappers
(board), under the Department of Agriculture and Consumer Services (DACS). The criteria
applies to applicants from outside the state who:
• Hold a valid license to practice as a surveyor and mapper in another U.S. state or territory;
• Are in good standing with the licensing authority of that jurisdiction; and
• Has at least 5 years of active practice as a licensed surveyor and mapper, which must indicate
that the applicant was in responsible charge of the accuracy and correctness of the surveying
and mapping work performed.

Additionally, the bill authorizes the board to require and independently evaluate certain
documents and information. The bill grants the board rulemaking authority.

The bill takes effect July 1, 2026.

II. Present Situation:

Land Surveying and Mapping

Chapter 472, F.S., governs the practice of land surveying and mapping in Florida. Surveyors and
mappers are regulated and licensed by the Board of Professional Surveyors and Mappers (board)
under the Florida Department of Agriculture and Consumer Services (DACS).1

1
Section 472.007, F.S.
BILL: SB 874 Page 2

These regulations include, but are not limited to:2
• Examination;
• Licensure, including certificates of authorization;
• Continuing education;
• Standards of practice; and
• Disciplinary guidelines.

Licensed professional surveyors and mappers determine and display the facts of size, shape,
topography, tidal datum planes, legal or geodetic location or relation, and orientation of
improved or unimproved real property through direct measurement or from certifiable
measurement through accepted photogrammetric procedures.3

Examination Prerequisites

All pathways to licensure as a professional surveyor and mapper in Florida require at least a
four-year college degree, work experience, and an examination. The education and work
experience prerequisites to take the licensure examination to practice as a surveyor and mapper
are as follows:4
• A bachelor’s degree in surveying and mapping or in a similarly titled program, with:
o Four or more years of work experience under a professional surveyor;
o All four years of work experience must have been in responsible charge of the
accuracy and correctness of the surveying work performed; or
• A bachelor’s degree in a course of study other than surveying and mapping, with:
o Six or more years of work experience under a professional surveyor;
o Five of the six years of experience must have been in responsible charge of the
accuracy and correctness of the surveying work performed; and
o A minimum of 25 semester hours from a college or university approved by the
board in surveying and mapping subjects or in any combination of courses in civil
engineering, surveying, mapping, mathematics, photogrammetry, forestry, or land
law and the physical sciences.

Licensure by Endorsement

To be licensed by endorsement as a professional surveyor and mapper by the board, an out-of-
state applicant must fulfill one of the following criteria to qualify for the examination:5
• Grandfathered path:
o Possesses a valid license to practice surveying and mapping in another state or
territory that was issued prior to July 1, 1999;
o Passed an exam that is substantially equivalent to Florida’s surveyor and mapper
exam requirements;6 and

2
See ch. 472, F.S.
3
Section 472.005(3), F.S.
4
See s. 472.013, F.S.
5
Section 472.015(5)(a), F.S.
6
See s. 472.013, F.S.
BILL: SB 874 Page 3

o Holds a specific experience record of at least 8 years as a subordinate to a
registered surveyor and mapper in the active practice of surveying and mapping,
with 6 years in responsible charge of the accuracy and correctness of the
surveying and mapping work performed.
• Substantial equivalent standards option:
o Holds a valid license for surveying and mapping from another state or territory,
regardless of issue date, as long as the criteria for obtaining that license were
substantially similar to Florida’s licensure requirements at the time the license
was granted.

All endorsement applicants must pass the Florida law and rules portion of the exam before
licensure.7

III. Effect of Proposed Changes:

SB 874 amends s. 472.015, F.S., to revise the requirements for surveying and mapping applicants
eligible to be qualified for licensure by endorsement by the board to include applicants from
outside the state who meet the following requirements:
• Holds a valid license to practice as a surveyor and mapper in another U.S. state or territory;
• Is in good standing with the licensing authority of that jurisdiction; and
• Has at least 5 years of active practice as a licensed surveyor and mapper, which must indicate
that the applicant was in responsible charge of the accuracy and correctness of the surveying
and mapping work performed.

The bill authorizes the board to require documentation, verification, or certification from the
issuing authority, and to independently evaluate disciplinary, regulatory, or competency records
maintained by the authority or other reliable sources. The bill also grants the board rulemaking
authority.

The bill takes effect on July 1, 2026.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

7
Section 472.015(5)(b), F.S.
BILL: SB 874 Page 4

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

The bill may increase the number of eligible surveyors and mappers by expanding the
eligibility for licensure by endorsement.

C. Government Sector Impact:

The board may experience minor administrative impacts associated with revising the
application review procedures and adopting implementing rules. These impacts can likely
be absorbed within existing resources.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

VIII. Statutes Affected:

This bill substantially amends section 472.015 of the Florida Statutes.

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 874 Florida Senate - 2026 SB 874

By Senator Gaetz

1-01332A-26 2026874__ 1-01332A-26 2026874__
1 A bill to be entitled 30 performed; or
2 An act relating to professional licensure reciprocity 31 2. Holds a valid license to practice surveying and mapping
3 for the practice of surveying and mapping; amending s. 32 issued by another state or territory of the United States if the
4 472.015, F.S.; revising the requirements for 33 criteria for issuance of the license were substantially the same
5 applicants eligible to be qualified for licensure by 34 as the licensure criteria that existed in Florida at the time
6 endorsement by the Board of Professional Surveyors and 35 the license was issued; or
7 Mappers to include applicants from outside of the 36 3. Holds a valid license to practice surveying and mapping
8 state who meet certain requirements; authorizing the 37 issued by another state or territory of the United States, is
9 board to require and independently evaluate certain 38 currently in good standing with such licensing authority, and
10 documents and information; authorizing the board to 39 has a specific experience record of at least 5 years as a
11 adopt certain rules; providing an effective date. 40 registered surveyor and mapper in the active practice of
12 41 surveying and mapping, which must be of a nature indicating that
13 Be It Enacted by the Legislature of the State of Florida: 42 the applicant was in responsible charge of the accuracy and
14 43 correctness of the surveying and mapping work performed.
15 Section 1. Subsection (5) of section 472.015, Florida 44 (b) All applicants for licensure by endorsement must pass
16 Statutes, is amended to read: 45 the Florida law and rules portion of the examination prior to
17 472.015 Licensure.— 46 licensure.
18 (5)(a) The board shall certify as qualified for a license 47 (c) For purposes of determining whether an applicant is in
19 by endorsement an applicant who, at the time of application: 48 good standing under subparagraph (a)3., the board may require
20 1. Holds a valid license to practice surveying and mapping 49 documentation, verification, or certification from the issuing
21 issued before July 1, 1999, by another state or territory of the 50 authority, and may independently evaluate disciplinary,
22 United States; has passed a national, regional, state, or 51 regulatory, or competency records maintained by such authority
23 territorial licensing examination that is substantially 52 or other reliable sources. The board may adopt rules to
24 equivalent to the examination required by s. 472.013; and has a 53 implement this section in a manner consistent with s. 472.008.
25 specific experience record of at least 8 years as a subordinate 54 Section 2. This act shall take effect July 1, 2026.
26 to a registered surveyor and mapper in the active practice of
27 surveying and mapping, 6 years of which must be of a nature
28 indicating that the applicant was in responsible charge of the
29 accuracy and correctness of the surveying and mapping work

Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL: SB 898
INTRODUCER: Senator Garcia
SUBJECT: Online Media Transparency
DATE: January 12, 2026 REVISED:

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

I. Summary:

SB 898 creates s. 501.981, F.S., which provides that any content creator within Florida who is
required to disclose a material connection to a person or an entity, pursuant to the most recent
rule, regulation, or guidance from the Federal Trade Commission (FTC) must clearly and
conspicuously disclose such material connection within any social media content disseminated in
Florida. Failure to disclose such material connection constitutes an unfair or deceptive act or
practice.

The bill requires any content creator who has a material connection to a foreign principal of a
foreign country to file a full and public disclosure of sponsorship with the Department of State
for any fiscal year he or she receives such sponsorship.

The bill defines “content creator” as any individual, group, or entity that produces or
disseminates digital media through social media platforms, blogs, video-sharing services,
podcasts, or other Internet-based communication channels for the purpose of influencing public
opinion or consumer behavior.

The bill defines “foreign principal” as any foreign government or foreign political party, or any
person or entity that is established under the laws of a foreign country or has its principal place
of business there. The term includes any individual who is not a United States citizen but is
domiciled in the United States.

The bill defines “material connection” as any financial, employment, personal, or family
relationship with a person or an entity pursuant to the disclosure rules, regulations, and guides of
the Federal Trade Commission.

The bill takes effect July 1, 2026.
BILL: SB 898 Page 2

II. Present Situation:

Federal Unfair and Deceptive Trade Practices

The FTC’s unfair and deceptive trade practices regulations prohibit unfair1 or deceptive2 acts or
practices in or affecting commerce.3 The FTC’s regulations include “Truth In Advertising”
guidelines, which require advertisements to be truthful, not misleading, and, when appropriate,
backed by scientific evidence.4 To enforce these regulations, the FTC takes law enforcement
actions, provides consumer and business education, issues reports and policy guidance, leads
workshops, and participates in other forums.5

Endorsement Guides
The FTC’s endorsement guides reflect the basic truth-in-advertising principles that
endorsements6 must be honest and not misleading.7 An endorser must convey their honest
opinion, and an endorsement cannot be used to make a claim that the marketer of a product could
not legally make.8 Additionally, the guides establish that if there is a connection between an
endorser and the marketer of a product and it would affect how a consumer would evaluate such
endorsement, that connection should be disclosed clearly and conspicuously.9

Social Media Influencers
The FTC provides guidance on the appropriate disclosures to make when endorsing products.10
For instance, if an “influencer” or “endorser” endorses a product through social media, the

1
An “unfair” practice is unfair if it causes or is likely to cause substantial injury to consumers which is not reasonably
avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. See 15
U.S.C. Sec. 45(n).
2
A “deceptive” practice involves a material representation, omission or practice that is likely to mislead a consumer acting
reasonably in the circumstances. See FTC Policy Statement on Deception (Oct. 14, 1983) available at
https://www.ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt.pdf (last visited Jan. 12, 2026).
See also Federal Trade Commission, A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement,
and Rulemaking Authority (revised, July 2025) available at https://www.ftc.gov/about-ftc/what-we-do/enforcement-authority
(last visited Jan. 12, 2026).
3
15 U.S.C. s. 45(a)(1).
4
Federal Trade Commission, Truth In Advertising, available at https://www.ftc.gov/news-events/media-resources/truth-
advertising (last visited Jan. 12, 2026).
5
Federal Trade Commission, Protecting Consumers from Fraud and Deception, available at https://www.ftc.gov/news-
events/media-resources/truth-advertising/protecting-consumers (last visited Jan. 12, 2026).
6
The FTC defines “endorsement” as any advertising, marketing, or promotional message for a product that consumers are
likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if
the views expressed by that party are identical to those of the sponsoring advertiser. Verbal statements, tags in social media
posts, demonstrations, depictions of the name, signature, likeness or other identifying personal characteristics of an
individual, and the name or seal of an organization can be endorsements. The party whose opinions, beliefs, findings, or
experience the message appears to reflect will be called the “endorser” and could be or appear to be an individual, group, or
institution. See 88 FR 48102.
7
Federal Trade Commission, FTC’s Endorsement Guides: What People Are Asking, available at
https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking#about (last visited Jan.
12, 2026).
8
Id.
9
Id.
10
Federal Trade Commission, Disclosures 101 for Social Media Influencers (Nov. 2019), available at
https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers (last visited Jan. 12, 2026).
BILL: SB 898 Page 3

endorsement message should make it obvious of any “material connection” with a brand.11 A
“material connection” to a brand includes a personal, family, or employment relationship or a
financial relationship.12

The FTC also provides guidance on how to disclose “material connections” to consumers.13
First, an endorser must make sure consumers will see and understand the disclosure, which is
done by placing the disclosure in a location that is “hard to miss.”14 The disclosure should also
use “simple and clear language.”15 Further, the FTC’s guidance advises endorsers that they are
prohibited from making up claims about a product that would require “proof” the endorser or
advertiser does not have.16

Federal Communications Commission

The Communications Act of 1934 gives the Federal Communication Commission (FCC)
authority over broadcasters17 and empowers the FCC to grant and renew broadcast licenses based
on whether the licensee serves the public convenience, interest, or necessity.18

The FCC enforces Section 317 of the Communications Act, which requires broadcasters to
disclose to their listeners or viewers if matters have been aired in exchange for money, services,
or other valuable consideration.19 Additionally, the FCC enforces Section 507 of the
Communications Act, which establishes that when anyone provides or promises to provide
money, services, or other valuable consideration to a broadcast employee or station in exchange
for airing programming, the broadcaster must disclose this fact to audiences before the
programming airs.20
11
Id.
12
Id. A financial relationship to a brand includes the brand paying the endorser or giving the endorser free or discounted
products. See also 16 CFR § 255.5. “Material connections” can also include other benefits to the endorser, such as early
access to a product or the possibility of being paid, of winning a prize, or of appearing on television or in other media
promotions. Some connections may be immaterial because they are too insignificant to affect the weight or credibility given
to endorsements. A material connection needs to be disclosed when a significant minority of the audience for an endorsement
does not understand or expect the connection.
13
Id.
14
See id. The FTC guidance provides the following: (1) disclosures should be placed with the endorsement message itself.;
(2) if an endorsement is in a “picture” platform like Snapchat or Instagram, then the disclosure should be superimposed over
the picture; (3) if an endorsement is in a “video,” the disclosure should be in the video and not just in the description
uploaded with the video; (4) if making an endorsement in a “live stream,” the disclosure should be repeated periodically so
viewers who only see part of the stream will see the relevant disclosure.
15
See id. The FTC guidance provides the following: (1) the disclosure should be in the same language as the endorsement
itself; and (2) An endorser should not assume that a platform’s disclosure tool is good enough, but instead should consider
using any such tool in addition to the endorsers own disclosure.
16
See id. For instance, claims that need to be backed up by scientific proof. An example provided by the FTC is when a
product is being advertised as treating a health condition.
17
47 USC § 153(7) provides that “broadcasting” means the dissemination of radio communications intended to be received
by the public, directly or by the intermediary of relay stations.
18
See 47 USC § 307. The FCC provides certain broadcasting restrictions which are subject to First Amendment limitations
and statutory prohibition on censorship. However, there is a prohibition on obscene, indecent, or profane language, a
prohibition on news distortion, a requirement that broadcasters give equal opportunities to candidates for public office, and a
requirement that broadcasters disclose sponsors of on-air programming.
19
See 47 USC § 317.
20
See 47 USC § 508. Failure to disclose such payment or the providing of services or other consideration, or promise to
provide them, is commonly referred to as “payola” and is punishable by a fine of not more than $10,000 or imprisonment for
BILL: SB 898 Page 4

Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

The 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.21 The FDUTPA was modeled after the Federal Trade Commission Act.22

The Department of Legal Affairs (DLA) or the state attorney’s office 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.23 The state attorney’s office may enforce violations of
the 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.24

In certain circumstances, consumers may also file suit through private actions.25

The DLA and the state attorney’s office have powers to investigate the FDUTPA claims, which
include:26
• Administering oaths and affirmations;
• Subpoenaing witnesses or matter; and
• Collecting evidence.

The DLA and the state attorney’s office may seek the following remedies:27
• Declaratory judgments;
• Injunctive relief;

not more than one year or both. These criminal penalties bring violations within the purview of the Department of Justice. On
June 10, 2024, the FCC released rule modifications to the sponsorship identification requirements for foreign government-
provided programming, which require a public disclosure to be made, at the time of broadcast, identifying the foreign source
of such programming. The Office of Management and Budget approved such modifications on June 10, 2025, however the
Media Bureau deferred requiring compliance of the revised rules until June 7, 2026. See also 47 CFR § 73.1212. See also
Federal Communications Commission, Public Notice DA 25-1017 (Dec. 5, 2025), available at
https://docs.fcc.gov/public/attachments/DA-25-1017A1.pdf (last visited Jan. 12, 2026). A “broadcast television licensee”
means the licensee of (a) a full-power television station; or (b) a low-power television station that has been accorded primary
status as a Class A television licensee under section 73.6001 (a) of title 47, Code of Federal Regulations. See 47 USC §
1401(6).
21
Section 501.202, F.S.
22
See 15 U.S.C. s. 45.
23
Sections 501.203(2) and 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 FLA. BAR J. 52 (Dec. 2002), available
at https://www.floridabar.org/the-florida-bar-journal/fdutpa-for-civil-antitrust-additional-conduct-party-and-geographic-
coverage-state-actions-for-consumer-restitution/ (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida) (last visited Jan. 12, 2026).
24
Section 501.203(2), F.S.
25
Section 501.211, F.S.
26
Section 501.206(1), F.S.
27
Sections 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. Section 501.2105, F.S.
BILL: SB 898 Page 5

• Actual damages on behalf of consumers and businesses;
• Cease and desist orders;28 and
• Civil penalties of up to $10,000 per willful violation.29

The FDUTPA may not be applied to certain entities in certain circumstances, including:30
• Any person or activity regulated under laws administered by the Office of Insurance
Regulation or the Department of Financial Services; and
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.

The Department of State

The Department of State (DOS), created in s. 20.10, F.S., is composed of six divisions:
Elections, Historical Resources, Corporations, Library and Information Services, Cultural
Affairs, and Administration. The head of the department is the Secretary of State (Secretary).31
The Secretary is appointed by the Governor, subject to confirmation by the Senate, and serves at
the pleasure of the Governor. Additionally, the Secretary serves as Florida’s State Protocol
Officer. Housed within the Division of Arts and Culture, the Office of International Affairs
facilitates consular relations between the state and all foreign governments doing business in
Florida.32

III. Effect of Proposed Changes:

SB 898 creates s. 501.981, F.S., to be cited as the “Online Media Transparency Act,” and
provides that any content creator within Florida who is required to disclose a material connection
to a person or an entity, pursuant to the most recent rule, regulation, or guidance from the Federal
Trade Commission (FTC) must clearly and conspicuously disclose such material connection
within any social media content disseminated in Florida.

The disclosure must:
• Identify any sponsorship and indicate that the content has been sponsored or materially
supported;
• Use simple and clear language;
• Be in the same language as the sponsorship; and
• Use platform-specific standards so that the disclosure is visible on all devices and formats.

Failure to disclose such material connection constitutes an unfair or deceptive act or practice
under part II of ch. 501, F.S.

The bill requires any content creator who has a material connection to a foreign principal of a
foreign country to file a full and public disclosure of sponsorship with the DOS for any fiscal

28
Section 501.208, F.S.
29
Section 501.2075, F.S.
30
Section 501.212(4), F.S.
31
Section 20.10, F.S.
32
The Florida Department of State, Office of International Affairs, available at https://dos.fl.gov/cultural/about-us/office-of-
international-affairs/ (last visited Jan. 12, 2026).
BILL: SB 898 Page 6

year he or she receives such sponsorship. Such disclosure must include the following
information:
• The foreign principal’s name;
• The address of the content creator’s primary residence and all other addresses associated with
the content creator;
• A detailed statement describing the nature of the content creator’s business;
• The total amount of such payments the content creator has received from all sponsorships
from a foreign principal; and
• A detailed statement of the payments made by the foreign principal during the previous fiscal
year in connection with actions taken by the content creator as an agent of, on behalf of, or in
furtherance of the goals of a foreign country. The statement must identify the amount of the
payment.

The bill creates the following definitions:
• “Content creator” means any individual, group, or entity that produces or disseminates digital
media through social media platforms, blogs, video-sharing services, podcasts, or other
Internet-based communication channels for the purpose of influencing public opinion or
consumer behavior.
• “Foreign country” means a country other than the United States or any territory of the United
States, including Guam, American Samoa, the Virgin Islands, and the Commonwealth of
Puerto Rico.
• “Foreign principal” means any foreign government or foreign political party, or any person
or entity that is established under the laws of a foreign country or has its principal place of
business there. The term includes any individual who is not a United States citizen but is
domiciled in the United States.
• “Material connection” means any financial, employment, personal, or family relationship
with a person or an entity pursuant to the disclosure rules, regulations, and guides of the
Federal Trade Commission.
• “Sponsorship” means any payment, gift, service, or other thing of value provided to a content
creator in exchange for the promotion, endorsement, or favorable presentation of a product,
service, organization, or idea.

The bill grants rulemaking authority to the “department,” however it is unclear if that authority
extends to the DOS, the DLA, or to both the DOS and the DLA.

The bill takes effect July 1, 2026.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.
BILL: SB 898 Page 7

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

None.

C. Government Sector Impact:

The DOS will presumably incur some costs in accepting and filing the public disclosures
required by the bill.

VI. Technical Deficiencies:

The bill’s provisions are placed in part VII of ch. 501, F.S., but might be better placed in part VI
of ch. 501, F.S.

VII. Related Issues:

The bill grants rulemaking authority to the “department,” however it is unclear if that authority
extends to the DOS, the DLA, or to both the DOS and the DLA.

VIII. Statutes Affected:

This bill creates section 501.981 of the Florida Statutes.

IX. Additional Information:

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

None.
BILL: SB 898 Page 8

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 898 Bill No. SB 898

Ì652430qÎ652430 Ì652430qÎ652430

LEGISLATIVE ACTION 11 (a) “Content creator” means any individual, group, or
Senate . House 12 entity that produces or disseminates digital media through
. 13 social media platforms, blogs, video-sharing services, podcasts,
. 14 or other Internet-based communication channels for the purpose
. 15 of influencing public opinion or consumer behavior.
. 16 (b) “Foreign country” means a country other than the United
. 17 States or any territory of the United States, including Guam,
18 American Samoa, the Virgin Islands, and the Commonwealth of
19 Puerto Rico.
20 (c) “Foreign principal” means any foreign government or
21 foreign political party, or any person or entity that is
22 established under the laws of a foreign country or has its
23 principal place of business there.
24 (d) “Material connection” means any financial, employment,
25 personal, or family relationship with a person or an entity
The Committee on Commerce and Tourism (Garcia) recommended the 26 pursuant to the disclosure rules, regulations, and guidance of
following: 27 the Federal Trade Commission.
28 (e) “Sponsorship” means any payment, gift, service, or
1 Senate Amendment (with title amendment) 29 other thing of value provided to a content creator in exchange
2 30 for the promotion, endorsement, or favorable presentation of a
3 Delete everything after the enacting clause 31 product, service, organization, or idea.
4 and insert: 32 (3) DISCLOSURE OF MATERIAL CONNECTION.—
5 Section 1. Section 501.1741, Florida Statutes, is created 33 (a) Any content creator within this state that is required
6 to read: 34 to disclose a material connection to a person or an entity,
7 501.1741 Online Media Transparency Act.— 35 pursuant to the most recent rule, regulation, or guidance from
8 (1) SHORT TITLE.—This section may be cited as the “Online 36 the Federal Trade Commission, shall clearly and conspicuously
9 Media Transparency Act.” 37 disclose such material connection within any social media
10 (2) DEFINITIONS.—As used in this section, the term: 38 content disseminated in this state.
39 (b) The disclosure must:

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Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 898 Bill No. SB 898

Ì652430qÎ652430 Ì652430qÎ652430

40 1. Identify any sponsorship and indicate that the content 69 activity and removing illegal content occurring on its
41 has been sponsored or materially supported. 70 interactive computer service. However, a provider of an
42 2. Use simple and clear language. 71 interactive computer service is not liable for content generated
43 3. Be in the same language as the promoted content. 72 by a person in violation of this act.
44 4. Use platform-specific standards so that the disclosure 73 (6) RULEMAKING.—The Department of Legal Affairs may adopt
45 is communicated on all devices and formats. 74 rules necessary to implement this section.
46 (c) Failure to disclose a material connection as required 75 Section 2. This act shall take effect July 1, 2026.
47 under this subsection constitutes an unfair or deceptive act or 76
48 practice under part II of this chapter. 77 ================= T I T L E A M E N D M E N T ================
49 (4) FOREIGN COUNTRY SPONSORSHIP DISCLOSURE.—Any content 78 And the title is amended as follows:
50 creator that has a material connection to a foreign principal of 79 Delete everything before the enacting clause
51 a foreign country must file a full and public disclosure of 80 and insert:
52 sponsorship with the Department Legal Affairs for any fiscal 81 A bill to be entitled
53 year such creator receives such sponsorship. Such disclosure 82 An act relating to online media transparency; creating
54 must include all of the following information: 83 s. 501.1741, F.S.; providing a short title; defining
55 (a) The foreign principal’s name. 84 terms; requiring certain content creators to clearly
56 (b) A detailed statement describing the nature of the 85 and conspicuously disclose any sponsorship within any
57 content creator’s business. 86 related media content; specifying requirements for the
58 (c) The total amount of such payments the content creator 87 disclosure; providing that failure to disclose a
59 has received from all sponsorships from a foreign principal. 88 sponsorship constitutes an unfair or deceptive act or
60 (d) A detailed statement of the payments made by the 89 practice; requiring a content creator that receives
61 foreign principal during the previous fiscal year in connection 90 sponsorship from a foreign principal of a foreign
62 with actions taken by the content creator as an agent of, on 91 country to file a certain disclosure with the
63 behalf of, or in furtherance of the goals of a foreign country. 92 Department of Legal Affairs; specifying requirements
64 The statement must identify the amount of each payment. 93 for such disclosure; requiring providers of an
65 (5) DUTIES AND LIABILITIES OF INTERACTIVE COMPUTER SERVICE 94 interactive computer service to track, flag, and
66 PROVIDERS.—A provider of an interactive computer service, as 95 investigate illegal activity and remove illegal
67 defined in 47 U.S.C. s. 230(f)(2), shall develop and implement a 96 content; providing that providers of interactive
68 system for tracking, flagging, and investigating illegal 97 computer services are not liable for certain content;

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Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 898

Ì652430qÎ652430

98 authorizing the Department of Legal Affairs to adopt
99 rules; providing an effective date.

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Florida Senate - 2026 SB 898 Florida Senate - 2026 SB 898

By Senator Garcia

36-00837-26 2026898__ 36-00837-26 2026898__
1 A bill to be entitled 30 States or any territory of the United States, including Guam,
2 An act relating to online media transparency; creating 31 American Samoa, the Virgin Islands, and the Commonwealth of
3 s. 501.981, F.S.; providing a short title; defining 32 Puerto Rico.
4 terms; requiring certain content creators to clearly 33 (c) “Foreign principal” means any foreign government or
5 and conspicuously disclose any sponsorship within any 34 foreign political party, or any person or entity that is
6 related media content; providing requirements for the 35 established under the laws of a foreign country or has its
7 disclosure; providing that failure to disclose a 36 principal place of business there. The term includes any
8 sponsorship constitutes an unfair or deceptive act or 37 individual who is not a United States citizen but is domiciled
9 practice; requiring a content creator who receives 38 in the United States.
10 sponsorship from a foreign principal of a foreign 39 (d) “Material connection” means any financial, employment,
11 country to file a certain disclosure with the 40 personal, or family relationship with a person or an entity
12 Department of State; providing requirements for such 41 pursuant to the disclosure rules, regulations, and guides of the
13 disclosure; authorizing the department to adopt rules; 42 Federal Trade Commission.
14 providing an effective date. 43 (e) “Sponsorship” means any payment, gift, service, or
15 44 other thing of value provided to a content creator in exchange
16 Be It Enacted by the Legislature of the State of Florida: 45 for the promotion, endorsement, or favorable presentation of a
17 46 product, service, organization, or idea.
18 Section 1. Section 501.981, Florida Statutes, is created to 47 (3) DISCLOSURE OF MATERIAL CONNECTION.—
19 read: 48 (a) Any content creator within this state who is required
20 501.981 Online Media Transparency Act.— 49 to disclose a material connection to a person or an entity,
21 (1) SHORT TITLE.—This section may be cited as the “Online 50 pursuant to the most recent rule, regulation, or guidance from
22 Media Transparency Act.” 51 the Federal Trade Commission, shall clearly and conspicuously
23 (2) DEFINITIONS.—As used in this section, the term: 52 disclose such material connection within any social media
24 (a) “Content creator” means any individual, group, or 53 content disseminated in this state.
25 entity that produces or disseminates digital media through 54 (b) The disclosure must:
26 social media platforms, blogs, video-sharing services, podcasts, 55 1. Identify any sponsorship and indicate that the content
27 or other Internet-based communication channels for the purpose 56 has been sponsored or materially supported.
28 of influencing public opinion or consumer behavior. 57 2. Use simple and clear language.
29 (b) “Foreign country” means a country other than the United 58 3. Be in the same language as the sponsorship.

Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 898

36-00837-26 2026898__
59 4. Use platform-specific standards so that the disclosure
60 is visible on all devices and formats.
61 (c) Failure to disclose a material connection as required
62 under this subsection constitutes an unfair or deceptive act or
63 practice under part II of this chapter.
64 (4) FOREIGN COUNTRY SPONSORSHIP DISCLOSURE.—Any content
65 creator who has a material connection to a foreign principal of
66 a foreign country must file a full and public disclosure of
67 sponsorship with the Department of State for any fiscal year he
68 or she receives such sponsorship. Such disclosure must include
69 all of the following information:
70 (a) The foreign principal’s name.
71 (b) The address of the content creator’s primary residence
72 and all other addresses associated with the content creator.
73 (c) A detailed statement describing the nature of the
74 content creator’s business.
75 (d) The total amount of such payments the content creator
76 has received from all sponsorships from a foreign principal.
77 (e) A detailed statement of the payments made by the
78 foreign principal during the previous fiscal year in connection
79 with actions taken by the content creator as an agent of, on
80 behalf of, or in furtherance of the goals of a foreign country.
81 The statement must identify the amount of the payment.
82 (5) RULEMAKING.—The department may adopt rules necessary to
83 implement this section.
84 Section 2. This act shall take effect July 1, 2026.

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

BILL: SB 826
INTRODUCER: Senator Leek
SUBJECT: Gift Certificates
DATE: January 12, 2026 REVISED:

ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. BI
3. RC

I. Summary:

SB 826 expands the definition of “gift certificate” in s. 501.95, F.S., to include a reward card,
consumer loyalty card, or promotional gift card, which will provide such cards with some
consumer protections relating to expiration dates, expiration periods, and fees.

The bill removes a provision that authorizes a gift card to have an expiration date if it is provided
to the recipient, or to a purchaser for transfer to the recipient, as part of a loyalty or promotional
program when the recipient does not pay a separate identifiable charge for the certificate. Thus, a
gift certificate purchased or credit memo issued in Florida may not have an expiration date,
expiration period, or any type of postsale charge or fee imposed when it is provided to the
recipient, or to a purchaser for transfer to the recipient, as part of a loyalty program or
promotional program.

The bill takes effect July 1, 2026.

II. Present Situation:

Gift Certificates

Section 501.95, F.S., regulates gift certificates and credit memos, and provides that a gift
certificate purchased or credit memo issued in Florida may not have an expiration date,
expiration period, or any type of postsale charge or fee imposed on the gift certificate or credit
memo.1 However, a gift certificate may have an expiration date of not less than 3 years if it is
provided as a charitable contribution, or not less than 1 year if it is provided as a benefit pursuant

1
Section 501.95(2)(a). This includes, but is not limited to, service charges, dormancy fees, account maintenance fees, or
cash-out fees.
BILL: SB 826 Page 2

to an employee-incentive program, and the expiration date is prominently disclosed in writing to
the consumer at the time it is provided.2

Additionally, a gift certificate may have an expiration date if it is provided to the recipient, or to
a purchaser for transfer to the recipient, as a part of a loyalty or promotional program when the
recipient does not pay a separate identifiable charge for the certificate, or if it is provided in
conjunction with a convention, conference, vacation, or event.3 These provisions do not apply to
a gift certificate or credit memo sold or issued by a financial institution,4 or by a money services
business,5 if the gift certificate or credit memo is redeemable by multiple unaffiliated merchants. 6

If a violation of s. 501.95, F.S, occurs, the Department of Agriculture and Consumer Services
(DACS) may enter an order doing one or more of the following:
• Impose an administrative fine not to exceed $100 for each violation; or
• Direct the violator to cease and desist specified activities.7

Unclaimed Property

Chapter 717, F.S., is entitled the Florida Disposition of Unclaimed Property Act, over which the
Department of Financial Services (DFS) is responsible for administering. Unclaimed property is
any funds or other property, tangible or intangible, that has remained unclaimed by the owner for
a certain number of years, and it may include savings and checking accounts, money orders,
travelers’ checks, uncashed payroll or cashiers’ checks, stocks, bonds, other securities, insurance
policy payments, refunds, security and utility deposits, and contents of safe deposit boxes.8
Every person holding funds or other property, tangible or intangible, presumed unclaimed and
subject to custody as unclaimed property must report it to the DFS.9 Until claimed, unclaimed
money is deposited into the state school fund to be used for public education.10 There is no
statute of limitations and persons may claim their property at any time and at no cost.11

2
Id.
3
Id.
4
Section 655.005, F.S., defines “financial institution” as a state or federal savings or thrift association, bank, savings bank,
trust company, international bank agency, international banking corporation, international branch, international representative
office, international administrative office, international trust entity, international trust company representative office,
qualified limited service affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve
Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C.
ss. 611 et seq.
5
Section 560.103, F.S., defines “money services business” as any person located in or doing business in this state, from this
state, or into this state from locations outside this state or country who acts as a payment instrument seller, foreign currency
exchanger, check casher, or money transmitter.
6
Section 501.95(2)(b), F.S.
7
Section 501.95(2)(c), F.S. See also ss. 501.142(3), (4), and (5). The administrative proceedings that could result in the entry
of an order imposing any penalties are governed by ch. 120, F.S. Additionally, any moneys recovered by the DACS as a
penalty must be deposited in the General Inspection Trust Fund.
8
See ss. 717.104-717.116, F.S.
9
Section 717.117(1), F.S.
10
Florida Department of Financial Services, Unclaimed Property General Questions, available at
https://fltreasurehunt.gov/UP-Web/sitePages/FAQs.jsp (last visited Jan. 12, 2026).
11
Id.
BILL: SB 826 Page 3

An unredeemed gift certificate or credit memo as defined within s. 501.95, F.S., is not required
to be reported as unclaimed property unless the gift certificate or credit memo is sold or issued
by a financial institution or a money services business.12

Secondhand Dealers

Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of
secondhand goods. The purpose of such regulations is to assist law enforcement in recovering
stolen property and in solving other theft-related crimes.13

A secondhand dealer is defined as any person, corporation, or other business organization or
entity that is not a secondary metals recycler and is engaged in purchasing, consigning, or trading
secondhand goods. The term also includes a secondhand dealer engaged in purchasing
secondhand goods through an automated kiosk.14

Secondhand goods are previously owned or used personal property purchased, consigned, or
traded as used property.15 The term also includes gift certificates and credit memos16 that are
purchased, consigned, or traded by a secondhand dealer. Secondhand goods do not include office
furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry; gold, silver,
platinum, palladium, or rhodium bullion that has been assayed and is properly marked as to its
weight and fineness; cardio and strength training or conditioning equipment designed primarily
for indoor use, and secondhand sports equipment that is not permanently labeled with a serial
number.17

A secondhand dealer must annually register his or her business with the Department of Revenue
(DOR).18

12
Section 717.1045, F.S. See also s. 501.95(2)(b), F.S. Section 655.005, F.S., defines “financial institution” as a state or
federal savings or thrift association, bank, savings bank, trust company, international bank agency, international banking
corporation, international branch, international representative office, international administrative office, international trust
entity, international trust company representative office, qualified limited service affiliate, credit union, or an agreement
corporation operating pursuant to s. 25 of the Federal Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation
organized pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss. 611 et seq. Section 560.103, F.S., defines “money
services business” as any person located in or doing business in this state, from this state, or into this state from locations
outside this state or country who acts as a payment instrument seller, foreign currency exchanger, check casher, or money
transmitter.
13
See ss. 538.04, 538.06, F.S. (identifying recordkeeping requirements and holding periods in connection with secondhand
goods); see also Jarret C. Oeltjen, Florida Pawnbroking: An Industry in Transition, 23 FLA. ST. U. L. REV. 995, 1013 (Spring
1996) (noting that “[t]he main impetus behind [ch. 538, F.S.] was to confront the problem of property theft and drug-related
crimes by facilitating recovery of stolen goods and apprehending those criminals who may turn to secondhand dealers for
cash”).
14
Section 538.03(1)(h), F.S.
15
Section 538.03(1)(i), F.S.
16
Section 501.95, F.S., defines “credit memo” as a certificate, card, stored value card, or similar instrument issued in
exchange for returned merchandise when the certificate, card, or similar instrument is redeemable for merchandise, food, or
services regardless of whether any cash may be paid to the owner of the certificate, card, or instrument as part of the
redemption transaction.
17
Section 538.03(1)(i), F.S.
18
See generally s. 538.09, F.S. (providing for registration).
BILL: SB 826 Page 4

Penalties
If a law enforcement officer has probable cause to believe that the goods held by a secondhand
dealer are stolen, the officer may place a 90-day written hold order on the goods.19 This prevents
the secondhand dealer from selling the goods and preserves them for use as evidence in a
criminal trial. Additionally, it allows for the possibility of the goods being returned to their
rightful owner.

Law enforcement agencies having jurisdiction to enforce compliance with registration, record
keeping, holding periods, and inspection requirements.20 A person who knowingly violates the
requirements governing secondhand dealers in ch. 538, F.S., commits a first degree misdemeanor
and is subject to a fine not to exceed $10,000.21

III. Effect of Proposed Changes:

The bill amends the definition of “gift certificate” in s. 501.95, F.S., to mean a certificate, gift
card, stored value card, reward card, consumer loyalty card, promotional gift card, or similar
instrument purchased for monetary consideration when the certificate, card, or similar instrument
is redeemable for merchandise, food, or services regardless of whether any cash may be paid to
the owner of the certificate, card, or instrument as part of the redemption transaction, but this
term does not include tickets as specified in s. 717.1355, F.S.,22 or manufacturer or retailer
discounts or coupons.

The bill amends ss. 538.03 and 717.1045, F.S., to incorporate the changes made to s. 501.95, F.S.

The bill provides an effective date of July 1, 2026.

19
Section 538.06(3), F.S.
20
Section 538.05, F.S.
21
Section 538.07(1), F.S. A first degree misdemeanor is punishable by up to 1 year in county jail and a $1,000 fine. Sections
775.082 and 775.083, F.S.
22
Section 717.1355, F.S., regulates theme park and entertainment complex tickets and provides that ch. 717, F.S., does not
apply to any tickets for admission to a theme park or entertainment complex as defined in s. 509.013(9), F.S., or to any
tickets to a permanent exhibition or recreational activity within such theme park or entertainment complex. Section
509.013(9), F.S., defines “theme park or entertainment complex” to mean a complex comprised of at least 25 contiguous
acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of
recreational activities and has a minimum of 1 million visitors annually. Chapter 717, F.S., is the “Florida Disposition of
Unclaimed Property Act” (see section II “Present Situation” of this bill analysis for an overview of the Florida Disposition of
Unclaimed Property Act).
BILL: SB 826 Page 5

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

None.

C. Government Sector Impact:

None.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

VIII. Statutes Affected:

This bill substantially amends the following sections of the Florida Statutes: 501.95, 538.03,
717.1045
BILL: SB 826 Page 6

IX. Additional Information:

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

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 826 Florida Senate - 2026 SB 826

By Senator Leek

7-00351A-26 2026826__ 7-00351A-26 2026826__
1 A bill to be entitled 30 (2)(a) A gift certificate purchased or credit memo issued
2 An act relating to gift certificates; amending s. 31 in this state may not have an expiration date, expiration
3 501.95, F.S.; revising the definition of the term 32 period, or any type of postsale charge or fee imposed on the
4 “gift certificate”; deleting provisions authorizing 33 gift certificate or credit memo, including, but not limited to,
5 the expiration of a gift certificate under specified 34 service charges, dormancy fees, account maintenance fees, or
6 circumstances; reenacting ss. 538.03(1)(i) and 35 cash-out fees. However, a gift certificate may have an
7 717.1045, F.S., relating to definitions regarding 36 expiration date of not less than 3 years if it is provided as a
8 secondhand dealers and to gift certificates and 37 charitable contribution, or not less than 1 year if it is
9 similar credit items, respectively, to incorporate the 38 provided as a benefit pursuant to an employee-incentive program,
10 amendment made to s. 501.95, F.S., in references 39 and the expiration date is prominently disclosed in writing to
11 thereto; providing an effective date. 40 the consumer at the time it is provided. In addition, a gift
12 41 certificate may have an expiration date if it is provided to the
13 Be It Enacted by the Legislature of the State of Florida: 42 recipient, or to a purchaser for transfer to the recipient, as
14 43 part of a loyalty or promotional program when the recipient does
15 Section 1. Paragraph (b) of subsection (1) and paragraph 44 not pay a separate identifiable charge for the certificate, or
16 (a) of subsection (2) of section 501.95, Florida Statutes, are 45 if it is provided in conjunction with a convention, conference,
17 amended to read: 46 vacation, or sporting or fine arts event having a limited
18 501.95 Gift certificates and credit memos.— 47 duration so long as the majority of the value paid by the
19 (1) As used in this section, the term: 48 recipient is attributable to the convention, conference,
20 (b) “Gift certificate” means a certificate, gift card, 49 vacation, or event. An issuer may honor a gift certificate that
21 stored value card, reward card, consumer loyalty card, 50 has expired on or before the effective date of this act.
22 promotional gift card, or similar instrument purchased for 51 Section 2. For the purpose of incorporating the amendment
23 monetary consideration when the certificate, card, or similar 52 made by this act to section 501.95, Florida Statutes, in a
24 instrument is redeemable for merchandise, food, or services 53 reference thereto, paragraph (i) of subsection (1) of section
25 regardless of whether any cash may be paid to the owner of the 54 538.03, Florida Statutes, is reenacted to read:
26 certificate, card, or instrument as part of the redemption 55 538.03 Definitions; applicability.—
27 transaction, but this term does shall not include tickets as 56 (1) As used in this part, the term:
28 specified in s. 717.1355 or manufacturer or retailer discounts 57 (i) “Secondhand goods” means personal property previously
29 and coupons. 58 owned or used which is not regulated metals property regulated

Page 1 of 4 Page 2 of 4
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Florida Senate - 2026 SB 826 Florida Senate - 2026 SB 826

7-00351A-26 2026826__ 7-00351A-26 2026826__
59 under part II and which is purchased, consigned, or traded as 88 and credit memos.
60 used property. The term includes gift certificates and credit 89 (4) However, a gift certificate or credit memo described in
61 memos as defined in s. 501.95 which are purchased, consigned, or 90 s. 501.95(2)(b) shall be reported as unclaimed property. The
62 traded by a secondhand dealer. The term does not include office 91 consideration paid for such a gift certificate or credit memo is
63 furniture; pianos; books; clothing; organs; coins; motor 92 the property of the owner of the gift certificate or credit
64 vehicles; costume jewelry; gold, silver, platinum, palladium, or 93 memo.
65 rhodium bullion that has been assayed and is properly marked as 94 Section 4. This act shall take effect July 1, 2026.
66 to its weight and fineness; cardio and strength training or
67 conditioning equipment designed primarily for indoor use; and
68 secondhand sports equipment that is not permanently labeled with
69 a serial number. As used in this paragraph, the term “secondhand
70 sports equipment” does not include golf clubs.
71 Section 3. For the purpose of incorporating the amendment
72 made by this act to section 501.95, Florida Statutes, in a
73 reference thereto, section 717.1045, Florida Statutes, is
74 reenacted to read:
75 717.1045 Gift certificates and similar credit items.—
76 Notwithstanding s. 717.117, an unredeemed gift certificate or
77 credit memo as defined in s. 501.95 is not required to be
78 reported as unclaimed property.
79 (1) The consideration paid for an unredeemed gift
80 certificate or credit memo is the property of the issuer of the
81 unredeemed gift certificate or credit memo.
82 (2) An unredeemed gift certificate or credit memo is
83 subject only to any rights of a purchaser or owner thereof and
84 is not subject to a claim made by any state acting on behalf of
85 a purchaser or owner.
86 (3) It is the intent of the Legislature that this section
87 apply to the custodial holding of unredeemed gift certificates

Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL: CS/SB 838
INTRODUCER: Commerce and Tourism Committee and Senator Yarborough
SUBJECT: Electronic Payments of Retail Installment Contracts
DATE: January 14, 2026 REVISED:

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

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

I. Summary:

CS/SB 838 creates s. 520.105, F.S., authorizing a holder of a retail installment contract (or its
agent) to collect a fee for processing a retail buyer’s electronic payment, under the Florida Motor
Vehicle Retail Sales Finance Act, if all the following conditions are met:
• The fee is reasonably related to the expense incurred in processing the electronic payment.
• The buyer has the option to make payments by another method without a fee (e.g., check,
cash, money order).
• The holder or agent discloses the fee amount, does not establish electronic payment as the
expected form of payment, and states that alternative no-fee payment methods are available.

The bill takes effect July 1, 2026.

II. Present Situation:

Office of Financial Regulation

The Office of Financial Regulation (OFR) is the regulatory authority for Florida’s financial
services industry. The OFR enforces and administers the Financial Institutions Codes; supervises
banks, credit unions, savings associations, and international bank agencies; and licenses and
regulates non-depository finance companies and the securities industry.1 The OFR reports to the

1
Section 20.121(3)(a)2., F.S.
BILL: CS/SB 838 Page 2

Financial Services Commission (the Commission), which comprises the Governor and the
members of the Florida Cabinet: the Chief Financial Officer, Attorney General, and Agriculture
Commissioner.2

Florida Motor Vehicle Retail Sales Finance Act

The Florida Motor Vehicle Retail Sales Finance Act3 regulates sellers,4 commonly referred to as
auto dealers, who enter into retail installment contracts with buyers5 for the purchase or lease of
a motor vehicle. A "retail installment contract" is an agreement made in Florida under which the
seller retains title to, or a lien on, a motor vehicle involved in a retail installment transaction as
security for the buyer's obligation, either in whole or in part. This includes conditional sales
contracts and contracts for the leasing or bailment of a motor vehicle, in which the lessee or
bailee agrees to pay compensation that is significantly equal to or greater than the vehicle's value.
Additionally, it stipulates that the lessee or bailee becomes the owner of the motor vehicle upon
full compliance with the contract terms.6

Except for certain businesses, such as banks and trust companies, sellers must obtain a license to
operate in Florida.7 A seller must submit an application, specified information, and a
nonrefundable fee to the OFR to obtain the required license.8

Retail installment contracts must comply with several requirements and prohibitions, including,
but not limited to, the contract must:
• Be in writing;9
• Contain a “Notice to the Buyer” which includes specified information;10 and
• Contain other specified information, including the amount financed, finance charges, total
amount of payments, total sale price, and payment details.11

The Florida Motor Vehicle Retail Sales Finance Act does not authorize a seller to charge a fee
specifically for processing electronic payments on motor vehicle retail installment contracts.

III. Effect of Proposed Changes:

CS/SB 838 creates s. 520.105, F.S., to authorize a retail installment contract holder (or its agent)
to collect a fee for processing an electronic payment only if the following conditions are met:

2
Section 20.121(3), F.S.
3
Sections 520.01-520.10, 520.12, 520.125, and 520.13, F.S.
4
Section 520.02(11), F.S., defines “motor vehicle retail installment seller” as a person engaged in the business of selling
motor vehicles to retail buyers in retail installment transactions.
5
Section 520.02(16), F.S., defines “retail buyer” as a person who buys a motor vehicle from a seller not principally for resale,
and who executes a retail installment contract in connection therewith or a person who succeeds to the rights and obligations
of such person.
6
Section 520.02(17), F.S.
7
Section 520.03(1), F.S.
8
Section 520.03(2), F.S.
9
Section 520.07(1)(a), F.S.
10
Section 520.07(1)(b), F.S.
11
Section 520.07(2), F.S.
BILL: CS/SB 838 Page 3

• The fee is reasonably related to the actual expense incurred by the holder or its agent in
processing the electronic payment;
• The holder or its agent allows the buyer to make a payment by a method other than an
electronic payment, which does not incur a fee;
• The holder or its agent does not establish electronic payment as the expected or required
form of payment; and
• The holder or agent discloses, before the buyer agrees to make an electronic payment, the
amount of the fee and the buyer’s option to use a fee-free alternative payment method such as
a check, cash, or money order.

The bill defines the term “electronic payment” to include credit cards, debit cards, electronic
funds transfers, electronic checks, and other electronic methods.

The bill takes effect July 1, 2026.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

D. State Tax or Fee Increases:

None.

E. Other Constitutional Issues:

None identified.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

The bill may affect consumers and businesses that use retail installment contracts by
allowing fee-based electronic payment processing under certain conditions. Consumers
may benefit from clear disclosure of electronic payment fees and the availability of fee-
BILL: CS/SB 838 Page 4

free alternative payment methods. Businesses may incur compliance costs associated
with fee disclosures.

C. Government Sector Impact:

None.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

VIII. Statutes Affected:

This bill creates section 520.105 of the Florida Statutes.

IX. Additional Information:

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

CS by Commerce and Tourism on January 13, 2026
The CS uses the term “retail buyer” to maintain consistency throughout the bill.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 838

Ì254968_Î254968

LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/14/2026 .
.
.
.

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

1 Senate Amendment
2
3 Delete lines 31 - 35
4 and insert:
5 3. Before the retail buyer agrees to make an electronic
6 payment, provides disclosure of all of the following:
7 a. The amount of the fee to be charged under this section;
8 and
9 b. The retail buyer’s option to make a payment by an
10 alternative

Page 1 of 1
1/12/2026 3:27:42 PM 577-01881-26
Florida Senate - 2026 SB 838 Florida Senate - 2026 SB 838

By Senator Yarborough

4-01239-26 2026838__ 4-01239-26 2026838__
1 A bill to be entitled 30 form of payment; and
2 An act relating to electronic payments of retail 31 3. Before the buyer agrees to make an electronic payment,
3 installment contracts; creating s. 520.105, F.S.; 32 provides disclosure of all of the following:
4 defining the term “electronic payment”; authorizing a 33 a. The amount of the fee to be charged under this section;
5 holder of a retail installment contract, or its agent, 34 and
6 to collect a fee for processing a retail buyer’s 35 b. The buyer’s option to make a payment by an alternative
7 electronic payment only if certain conditions are met; 36 method that does not incur a fee, including payment by check,
8 providing an effective date. 37 cash, or money order.
9 38 Section 2. This act shall take effect July 1, 2026.
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 520.105, Florida Statutes, is created to
13 read:
14 520.105 Convenience fee for processing electronic
15 payments.—
16 (1) As used in this section, the term “electronic payment”
17 means a payment made by credit card, debit card, electronic
18 funds transfer, electronic check, or other electronic method.
19 (2) A holder of a retail installment contract, or its
20 agent, may collect a fee for processing a retail buyer’s
21 electronic payment under the retail installment contract only if
22 all of the following conditions are met:
23 (a) The fee is reasonably related to the actual expense
24 incurred by the holder or its agent in processing the electronic
25 payment.
26 (b) The holder or its agent:
27 1. Allows the retail buyer to make a payment by a method
28 other than an electronic payment which does not incur a fee;
29 2. Does not establish electronic payment as the expected

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Name Phone
(sso) Zo5-?ooo
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lam appearing without Iam a registered lobbyisl I am not a lobbyist, but received
compensation or sponsorship.
X representing: something of value for my appearance
(travel, meals, lodging, etc.),
bc'u<*"| fq o{'rJ sponsored by:

This form is part of the public record for this meeting. s-001 (08/10/2021)
7B
Date
The Florida Senate

APPEARANCE RECORD
Deliver both copies of this form to
tse Bill Number orTopic

n".,,"^\.fc-e- Senate professional staff conducting the meeting

Committee Amendment Barcode (if applicable)

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

PLEASE CHECK ONE OFTHE FOLLOWING:

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

A^ q1'tcrt a. F*^ ^c{ ? [ Sno"r'L.o s fosoe;c.]-.u^ sponsored by:

This form is part of the public record for this meeting. 5-001 (08/10/2021\

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