Meeting Packet — Commerce Committee, Webster Hall (January 27, 2026)
Summary
Meeting packet for the House of Representatives Commerce Committee, Tuesday, January 27, 2026, 12:30 PM to 2:30 PM at Webster Hall, with Daniel Perez as Speaker and James Buchanan as Chair. The Committee Meeting Notice lists HB 267 on Local Housing Assistance Plans, HB 379 on Rural Electric Cooperatives, HB 505 on Virtual Currency Kiosks and HB 7017 on OGSR/Trade Secrets, among other bills, and is marked finalized on 01/23/2026. The packet includes the Florida House of Representatives bill analysis of HB 267, which says the bill revises the State Housing Incentives Partnership Program (SHIP) to authorize lot rental assistance for mobile home owners. It ends with the text of HB 7017.
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“Meeting Packet — Commerce Committee, Webster Hall (January 27, 2026).”
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Commerce Committee
Tuesday, January 27, 2026
12:30 PM - 2:30 PM
Webster Hall (212 Knott)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Commerce Committee
Start Date and Time: Tuesday, January 27, 2026 12:30 PM
End Date and Time: Tuesday, January 27, 2026 02:30 PM
Location: Webster Hall (212 Knott)
Duration: 2.00 hrs
Consideration of the following bill(s):
HB 267 Local Housing Assistance Plans by Stark, Berfield
HB 379 Rural Electric Cooperatives by Shoaf
CS/HB 405 Commercial Construction Projects by Industries & Professional Activities Subcommittee, Griffitts
CS/HB 487 Repair of Mobility Devices by Industries & Professional Activities Subcommittee, Eskamani, Valdés
HB 505 Virtual Currency Kiosks by Owen, Daley
HB 645 Limited Agent Licenses by Smith
HB 1399 Property Insurance Affiliates by Berfield
HB 7017 OGSR/Trade Secrets by Government Operations Subcommittee, Sapp
NOTICE FINALIZED on 01/23/2026 4:30PM by Marks.Amie
01/23/2026 04:30:21PM Leagis ® Page 1 of 1
HB 267
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 267 COMPANION BILL: SB 594 (Burton)
TITLE: Local Housing Assistance Plans LINKED BILLS: None
SPONSOR(S): Stark and Berfield RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
16 Y, 0 N 14 Y, 0 N
SUMMARY
Effect of the Bill:
The bill revises the State Housing Incentives Partnership Program (SHIP) to:
• Authorize participating local governments to expend funds for lot rental assistance for mobile home
owners.
• Require local governments to include strategies for addressing the needs of persons impacted by the
closure of a mobile home park and providing SHIP funds to mobile home owners, including lot rental
assistance, in their local housing assistance plan.
• Provide that mobile homes are eligible for home ownership assistance and rehabilitation and emergency
repair funding.
• Eliminate the prohibition on participating local governments from using more than 20% of SHIP funds for
manufactured housing.
Fiscal or Economic Impact:
The bill may have an indeterminate insignificant negative impact on local government expenditures for costs
associated with updating their local housing assistance plans. The bill may have an indeterminate fiscal impact on
beneficiaries of the SHIP program to the extent the provisions of the bill revise which entities are eligible for
funding.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill allows a local government participating in the State Housing Initiatives Partnership Program (SHIP) to use
program funds to provide lot rental assistance to mobile home owners for up to six months. (Section 1).
The bill requires each local government participating in SHIP to address in its local housing assistance plan the
needs of persons who are deprived of affordable housing due to the closure of a mobile home park. The bill also
requires a local housing assistance plan to include a strategy for providing program funds to mobile home owners,
which must include lot rental assistance. (Section 2).
The bill specifies that lot rental assistance for mobile home owners is an approved home ownership activity for
which local governments may award funds. (Section 2).
The bill authorizes the use of SHIP funds for rehabilitation and emergency repairs for mobile home owners.
(Section 2).
The bill eliminates the restriction that limited the amount of SHIP funds that could be used for manufactured
housing to no more than 20 percent of the allocated amount. (Section 2).
STORAGE NAME: h0267d.COM
DATE: 1/23/2026
1
HB 267
The bill makes a conforming change to a cross-reference in another statutory provision. (Section 3).
The bill has an effective date of July 1, 2026. (Section 4).
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate insignificant negative impact on local government expenditures for costs
associated with updating their local housing assistance plans.
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on beneficiaries of the SHIP program to the extent the provisions
of the bill revise which entities are eligible for funding.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
State Housing Initiatives Partnership Program (SHIP)
SHIP was created in 1992 1 to provide funds to local governments as an incentive to create partnerships that
produce and preserve affordable homeownership and multifamily housing. SHIP provides funds to all 67 counties
and 54 community development block grant 2 entitlement cities on a population-based formula to finance and
preserve affordable housing based on locally adopted housing plans. 3 To participate, local governments must
establish a local housing assistance program by ordinance and develop a local housing assistance plan (LHAP) and
housing incentive strategy. 4
SHIP is administered by the Florida Housing Finance Corporation (FHFC) 5 and was designed to serve very-low,
low, and moderate-income families. “Very-low income persons” means one or more persons or a family, not
including students, whose total annual adjusted gross household income does not exceed 50 percent of the median
annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross
income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in
which the person or family resides, whichever is greater. For “low-income persons,” the statutory threshold is 80
percent, and for “moderate-income persons,” it is 120 percent. 6
SHIP funds may be used to pay for emergency repairs, new construction, rehabilitation, down payment and closing
cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for
affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. 7
1 Ch. 92-317, Laws of Fla.
2 The community development block grant program is a federal program created in 1974 that provides funding for housing
and community development activities. Dept. of Housing and Urban Development, Community Development Block Grant
Program, https://www.hudexchange.info/programs/cdbg/ (last visited Jan. 8, 2026).
3 See ss. 420.907-420.9089, F.S.; Florida Finance Housing Corporation, Annual Report 2024, p. 23,
https://www.floridahousing.org/docs/default-source/data-docs-and-reports/annual-reports/2024-annual-
report.pdf?sfvrsn=88c6f17b_1 (last visited Jan. 8, 2026).
4 Id.
5 In 1997, the Legislature created the Florida Housing Finance Corporation (FHFC) as a public-private entity to assist in
providing a range of affordable housing opportunities for Floridians. Ch. 97-167, Laws of Fla.
6 S. 420.9071, F.S.
7 State Housing Initiatives Partnership Program (SHIP), https://www.floridahousing.org/programs/special-programs/ship---
state-housing-initiatives-partnership-program (last visited Jan. 8, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 267
Funds are expended per each local government’s adopted LHAP, which details the housing strategies it will use. 8
Local governments submit their LHAPs to FHFC for review to ensure they meet the broad statutory guidelines and
the requirements of the program rules. FHFC must approve a LHAP before a local government may receive SHIP
funding. 9
A local government’s use of SHIP funds is subject to certain restrictions (excluding amounts set aside for
administrative costs):
• No more than 20 percent of SHIP funds may be used for manufactured housing. 10
• At least 75 percent of SHIP funds must be reserved for construction, rehabilitation, or emergency repair of
affordable, eligible housing. 11
• No more than 25 percent of SHIP funds may be reserved for allowed rental housing. 12
• At least 65 percent of SHIP funds must be reserved for home ownership for eligible persons. 13
• At least 20 percent of SHIP funds must serve persons with special needs. 14
• At least 30 percent of SHIP funds must be used for awards to very-low-income persons or eligible
sponsors 15 serving very-low-income persons, and another 30 percent must be used for awards for low-
income persons or eligible sponsors serving low-income persons. 16
Local governments may not use SHIP funds to provide ongoing rent subsidies, except for:
• Security and utility deposit assistance.
• Eviction prevention not to exceed six months’ rent.
• A rent subsidy program for very-low income households with at least one adult who meets either the
statutory definition of a person with special needs or homeless. The period of rental assistance may not
exceed 12 months. 17
In the state fiscal year 2021-2022, 18 SHIP reported the following: 19
• $147,433,487 in SHIP funding was disbursed for the 2021-2022 fiscal year.
• $156,842,730 was expended or encumbered for homeownership activities, assisting 4,071 homeownership
units.
• $23,240,239 was expended or encumbered for rental housing activities, assisting 1,223 rental housing
units.
Mobile Homes
Florida has one of the largest numbers of mobile homes parks in the country. 20 Florida law defines a mobile home
as “a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35
8 Sections 420.9075(1)(a) and 420.9075(3), F.S., outline a list of strategies LHAPs are encouraged to employ, such as helping
those affected by mobile home park closures, encouraging innovative housing design to reduce long-term housing costs,
preserving assisted housing, and reducing homelessness.
9 Counties and eligible municipalities participating in SHIP receive funding from “local housing distributions,” which are the
proceeds of the taxes deposited into the Local Government Housing Trust Fund. S. 420.9071(17), F.S.
10 S. 420.9075(5)(e), F.S.
11 S. 420.9075(5)(c), F.S.
12 S. 420.9075(5)(b), F.S.
13 “Eligible person” or “eligible household” means one or more natural persons or a family determined by the county or eligible
municipality to be of very low income, low income, or moderate income based upon the annual gross income of the household.
S. 420.9075(5)(a), F.S.
14 S. 420.9075(5)(d), F.S.
15 “Eligible sponsor” means a person or a private or public for-profit or not-for-profit entity that applies for an award under
the local housing assistance plan for the purpose of providing eligible housing for eligible persons. S. 420.9071(12), F.S.
16 S. 420.9075(5)(g)2., F.S.
17 S. 420.9072(7)(b), F.S.
18 Local governments have three years to expend funds. 2021-2022 is the most recent closed out fiscal year.
19 Annual Report 2024, supra note 4, at 23.
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HB 267
body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to
the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-
conditioning, and electrical systems contained therein.” 21 Mobile homes are designed to be used as a permanent
dwelling.
A mobile home park is land in which lots or spaces are offered for rent or lease for the placement of mobile homes
in which the primary use of the park is residential. 22 Mobile home parks have historically served as an affordable
housing option for low-and-moderate-income residents. However, increasing redevelopment pressures and rising
housing costs have put many mobile home owners at risk of permanent displacement. 23
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/HB 701 - Local Housing Assistance Plans Stark, Berfield/ Burton The bill died in the Senate.
2024 CS/CS/SB 1456 - Counties Designated as Mooney/ Calatayud The bill became law on July 1,
Areas of Critical State Concern 2024.
2024 CS/CS/CS/HB 613 - Mobile Home Park Lot Stark/ Burton The bill became law on July 1,
Tenancies 2024.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N 11/18/2025 Curtin Rodriguez
Subcommittee
Intergovernmental Affairs 14 Y, 0 N 12/11/2025 Darden Burgess
Subcommittee
Commerce Committee Hamon Rodriguez
20 Tiffany Salameh, Florida’s Mobile Home Parks Are an Affordable Housing Lifeline. But Residents Face Steep Eviction Risks,
News4JAX, (Aug. 14, 2025) https://www.news4jax.com/news/local/2025/08/14/floridas-mobile-home-parks-are-an-
affordable-housing-lifeline-but-residents-face-steep-eviction-risks/ (last visited Jan. 8, 2026).
21 S. 723.003(8), F.S.
22 S. 723.003(12), F.S.
23 Since 2011, at least 183 Florida mobile home parks have closed, according to self-reported and likely incomplete data from
the Florida Mobile Home Relocation Corporation and the Department of Business and Professional Regulation. Clara-Sophia
Daly, New development will rise to dizzying heights – and wipe out their trailer park, Miami Herald (Oct. 8, 2023)
https://www.miamiherald.com/news/business/real-estate-news/article278731494.html (last visited Jan. 8, 2026).
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 267 2026
1 A bill to be entitled
2 An act relating to local housing assistance plans;
3 amending s. 420.9072, F.S.; authorizing a county or an
4 eligible municipality to expend certain funds on lot
5 rental assistance for mobile home owners for a
6 specified time period; amending s. 420.9075, F.S.;
7 requiring counties and eligible municipalities to
8 develop certain strategies in their local housing
9 assistance plans; providing that lot rental assistance
10 is an approved home ownership activity for certain
11 purposes; authorizing certain funds to be provided to
12 mobile home owners for rehabilitation and emergency
13 repairs; removing a prohibition that only a certain
14 percentage of funds may be used for manufactured
15 housing; amending s. 420.9071, F.S.; conforming a
16 cross-reference; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (b) of subsection (7) of section
21 420.9072, Florida Statutes, is amended to read:
22 420.9072 State Housing Initiatives Partnership Program.—
23 The State Housing Initiatives Partnership Program is created for
24 the purpose of providing funds to counties and eligible
25 municipalities as an incentive for the creation of local housing
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 267 2026
26 partnerships, to expand production of and preserve affordable
27 housing, to further the housing element of the local government
28 comprehensive plan specific to affordable housing, and to
29 increase housing-related employment.
30 (7)
31 (b) A county or an eligible municipality may not expend
32 its portion of the local housing distribution to provide ongoing
33 rent subsidies, except for:
34 1. Security and utility deposit assistance.
35 2. Eviction prevention not to exceed 6 months' rent.
36 3. Lot rental assistance for mobile home owners as defined
37 in s. 723.003, not to exceed 6 months' rent.
38 4.3. A rent subsidy program for very-low-income households
39 with at least one adult who is a person with special needs as
40 defined in s. 420.0004 or homeless as defined in s. 420.621. The
41 period of rental assistance may not exceed 12 months for any
42 eligible household.
43 Section 2. Paragraphs (d) through (g) of subsection (3) of
44 section 420.9075, Florida Statutes, are redesignated as
45 paragraphs (e) through (h), respectively, paragraphs (f) through
46 (n) of subsection (5) are redesignated as paragraphs (e) through
47 (m), respectively, paragraph (c) of subsection (3) and
48 paragraphs (a), (c), and (e) and present paragraph (n) of
49 subsection (5) are amended, and new paragraphs (d) and (i) are
50 added to subsection (3) of that section, to read:
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HB 267 2026
51 420.9075 Local housing assistance plans; partnerships.—
52 (3)
53 (c) Each county and each eligible municipality is
54 encouraged to develop a strategy within its local housing
55 assistance plan that addresses the needs of persons who are
56 deprived of affordable housing due to the closure of a mobile
57 home park or the conversion of affordable rental units to
58 condominiums.
59 (d) Each county and each eligible municipality shall
60 include in its local housing assistance plan a strategy that
61 addresses the needs of persons who are deprived of affordable
62 housing due to the closure of a mobile home park.
63 (i) Each county and each eligible municipality shall
64 include in its local housing assistance plan a strategy for
65 providing program funds to mobile home owners, as defined in s.
66 723.003, which must include lot rental assistance.
67 (5) The following criteria apply to awards made to
68 eligible sponsors or eligible persons for the purpose of
69 providing eligible housing:
70 (a) At least 65 percent of the funds made available in
71 each county and eligible municipality from the local housing
72 distribution must be reserved for home ownership for eligible
73 persons. For purposes of this paragraph, lot rental assistance
74 for eligible mobile home owners as defined in s. 723.003 is an
75 approved home ownership activity.
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76 (c) At least 75 percent of the funds made available in
77 each county and eligible municipality from the local housing
78 distribution must be reserved for construction, rehabilitation,
79 or emergency repair of affordable, eligible housing. Funds may
80 be provided to mobile home owners as defined in s. 723.003 for
81 rehabilitation and emergency repairs under this paragraph.
82 (e) Not more than 20 percent of the funds made available
83 in each county and eligible municipality from the local housing
84 distribution may be used for manufactured housing.
85 (m)(n) Funds from the local housing distribution not used
86 to meet the criteria established in paragraph (a) or paragraph
87 (c) or not used for the administration of a local housing
88 assistance plan must be used for housing production and finance
89 activities, including, but not limited to, financing
90 preconstruction activities or the purchase of existing units,
91 providing rental housing, and providing home ownership training
92 to prospective home buyers and owners of homes assisted through
93 the local housing assistance plan.
94 1. Notwithstanding the provisions of paragraphs (a) and
95 (c), program income as defined in s. 420.9071(26) may also be
96 used to fund activities described in this paragraph.
97 2. When preconstruction due-diligence activities conducted
98 as part of a preservation strategy show that preservation of the
99 units is not feasible and will not result in the production of
100 an eligible unit, such costs shall be deemed a program expense
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101 rather than an administrative expense if such program expenses
102 do not exceed 3 percent of the annual local housing
103 distribution.
104 3. If both an award under the local housing assistance
105 plan and federal low-income housing tax credits are used to
106 assist a project and there is a conflict between the criteria
107 prescribed in this subsection and the requirements of s. 42 of
108 the Internal Revenue Code of 1986, as amended, the county or
109 eligible municipality may resolve the conflict by giving
110 precedence to the requirements of s. 42 of the Internal Revenue
111 Code of 1986, as amended, in lieu of following the criteria
112 prescribed in this subsection with the exception of paragraphs
113 (a) and (f) (g) of this subsection.
114 4. Each county and each eligible municipality may award
115 funds as a grant for construction, rehabilitation, or repair as
116 part of disaster recovery or emergency repairs or to remedy
117 accessibility or health and safety deficiencies. Any other
118 grants must be approved as part of the local housing assistance
119 plan.
120 Section 3. Subsection (27) of section 420.9071, Florida
121 Statutes, is amended to read:
122 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
123 term:
124 (27) "Recaptured funds" means funds that are recouped by a
125 county or eligible municipality in accordance with the recapture
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126 provisions of its local housing assistance plan pursuant to s.
127 420.9075(5)(i) s. 420.9075(5)(j) from eligible persons or
128 eligible sponsors, which funds were not used for assistance to
129 an eligible household for an eligible activity, when there is a
130 default on the terms of a grant award or loan award.
131 Section 4. This act shall take effect July 1, 2026.
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HB 379
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 379 COMPANION BILL: SB 288 (Rodriguez)
TITLE: Rural Electric Cooperatives LINKED BILLS: None
SPONSOR(S): Shoaf RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill clarifies that a rural electric cooperative is not prohibited from adopting policies or taking actions that have
the effect of restricting its own choice in the types or fuel sources used to produce the electricity it purchases or
generates, but a rural electric cooperative that sells electricity at retail may not adopt fees or policies that restrict
or prohibit the types or fuels sources of energy production used or provided by other specified entities.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill modifies a prohibition on certain actions of rural electric cooperatives that restrict or prohibit, or that have
the effect of restricting or prohibiting, the types or fuel sources of energy production which may be used, delivered,
converted, or supplied by specified entities. The bill amends this prohibition to clarify that a rural electric
cooperative may govern itself as to the types and fuel sources of energy used to produce electrical power it
purchases or generates, but a rural electric cooperative that sells electricity at retail may not take actions that have
the effect of restricting another entity’s energy choices. (Section 1)
To accomplish this, the bill provides that the prohibition applies only to rural cooperatives that sell electricity at
retail and removes public utilities and electric utilities, including all municipal electric utilities and rural electric
cooperatives, from the list of specified entities whose choice in energy production is protected by the prohibition.
(Section 1)
The bill further clarifies that rural electric cooperatives may not adopt any bylaw, tariff, policy, or fee—including a
“lot fee, developer fee, or surcharge”—that restricts or prohibits, or has the effect of restricting or prohibiting, the
types or fuel sources of energy production which may be used, delivered, converted, or supplied by the following
entities 1 to serve customers that such entities are authorized to serve:
• Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
• Investor-owned natural gas utilities;
• Gas districts;
• Municipal natural gas utilities;
• Natural gas transmission companies; and
• Certain liquefied petroleum gas dealers, dispensers, and gas cylinder exchange operators. (Section 1)
1 The bill cites to the entities listed in paragraphs (b)-(e) of s. 366.032(1), F.S.
STORAGE NAME: h0379b.COM
DATE: 1/23/2026
1
HB 379
The bill has an effective date of July 1, 2026. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Rural Electric Cooperatives
Rural electric cooperatives 2 are electric utilities that are owned by their members. 3 These private companies are
generally nonprofit, with their principal purpose being to deliver electrical service to their members. Rural electric
cooperatives are mostly located in rural areas where, at least historically, the return on investment for building or
installing electrical infrastructure was not enough to incentivize investor-owned utilities to provide service. 4
Rural electric cooperatives operate in 57 of Florida’s 67 counties and have a total membership of more than 2.7
million customers. 5 In Florida, as in most of the U.S., rural electric cooperatives serve a large percentage of
geographic area but have a low customer density. Specifically, Florida cooperatives serve approximately 10
percent of Florida’s total electric utility customers, but their service territory covers 60 percent of Florida’s total
land mass. 6 Each cooperative is governed by a board of trustees elected by the cooperative’s membership. 7
In addition to providing electric service, cooperatives in Florida are authorized to own and operate water and
sewer systems. 8 To promote economic development, a cooperative may provide any energy or nonenergy services
to its membership. 9
As of 2025, there were 18 rural electric cooperatives in Florida. 10 Of those 18 cooperatives, 15 are non-generating
retail utilities, two are wholesale-only generating utilities, and one is a retail utility capable of generating electricity
with a standby generating unit. 11
Electric Utilities
An electric utility is an investor-owned utility, municipally-owned utility, or a rural electric cooperative that owns,
maintains, or operates an electric generation, transmission, or distribution system within the state. 12 Fuels that
Florida electric utilities use to generate electric power include, but are not limited to: natural gas, nuclear, coal, and
renewables like solar and biomass. 13
2 The term “cooperative” is defined in s. 425.02, F.S., as “[c]ooperative, nonprofit, membership corporations” that are
organized “for the purpose of supplying electric energy and promoting and extending the use thereof in rural areas.”
3 The term “member” is defined in s. 425.03, F.S., and may include “any natural person, firm, association, corporation, business
trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic.”
4 University of Wisconsin Center for Cooperatives, Research on the Economic Impact of Cooperatives,
https://reic.uwcc.wisc.edu/electric/ (last visited Jan. 9, 2026).
5 Florida Electric Cooperative Association, Our History, https://feca.com/our-history/ (last visited Jan. 9, 2026).
6 Id.
7 Id.; s. 425.10(1), F.S.
8 S. 425.04(4), F.S.
9 S. 425.04(17), F.S.
10 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry 2025, p, 1,
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/General/FactsAndFigures/April%202025.pdf,
(last visited Jan. 9, 2026).
11 Seminole Electric Cooperative and PowerSouth Energy are wholesale-only generating utilities that provide electricity to
member distribution cooperatives, and Florida Keys Electric Cooperative is a distribution utility with a standby generating
unit. See Florida Public Service Commission, Statistics of the Florida Electric Utility Industry 2024, p. 9,
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/ElectricGas/Statistics/2024.pdf (last visited
Jan. 9, 2026).
12 S. 366.02(4), F.S.
13 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry 2025, supra note 10, at p. 2.
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There are four investor-owned electric utilities in Florida: Florida Power & Light Company, Duke Energy Florida,
Tampa Electric Company, and Florida Public Utilities Corporation. 14 These investor-owned electric utilities are also
“public utilities” as that term is defined in Florida law. 15 Additionally, there are 35 municipal electric utilities and
18 rural electric cooperatives. 16 Further, the Florida Municipal Power Agency was created through a series of
interlocal agreements under s. 163.01, F.S., to provide wholesale power supply to municipal electric utilities. 17
Natural Gas Utilities
A natural gas utility is a utility that supplies natural or manufactured gas, or liquefied gas with air admixture, or a
similar gaseous substance by pipeline, to or for the public. A natural gas utility can be an investor-owned utility,
gas district, or municipal gas utility. 18 Currently, there are five investor-owned natural gas utilities, 27 municipally
owned natural gas utilities, and four gas districts. 19 These five investor-owned gas utilities are also “public utilities”
as that term is defined in Florida law. 20
Liquified Petroleum Gas
Liquefied petroleum gas is any material which is composed predominately of any of the following hydrocarbons, or
mixtures: propane, propylene, butanes, and butylenes. 21 A category I liquid petroleum gas dealer is someone who
sells or offers to sell by delivery, or at a stationary location, any liquified petroleum gas to a consumer for
industrial, commercial, or domestic use. 22 A category II liquefied petroleum gas dispenser is a person who operates
a liquefied petroleum gas dispensing unit for the purpose of serving liquid products to the consumer for industrial,
commercial, or domestic use, and who sells, or offers to sell or lease equipment for the use of liquified petroleum
gas. 23 A category III liquified petroleum gas cylinder exchange operator is a person who operates a storage facility
used for the purpose of storing filled propane cylinders of certain capacities while awaiting sale to the consumer,
or a facility used for the storage of empty or filled containers which have been offered for exchange. 24
Preemption Over Utility Service Restrictions
Florida law expressly preempts the authority of local governments to restrict utility services. 25 It prohibits a body
of local government or other political subdivision of the state from enacting or enforcing any policy, or from taking
any action that restricts or prohibits, or has the effect of restricting or prohibiting, the types or fuel sources of
energy production which may be used, delivered, converted, or supplied by the following entities to serve
customers that these entities are authorized to serve:
• Investor-owned electric utilities;
• Municipal electric utilities;
• Rural electric cooperatives;
14 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry 2025, supra note 10, at p. 4.
15 The term “public utility” is defined in s. 366.02(8), F.S., to mean “every person, corporation, partnership, association, or
other legal entity . . . supplying electricity or gas . . . to or for the public within this state,” but the term does not include rural
electric cooperatives, municipal utilities, or certain other specified entities.
16 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry 2025, supra note 10, at 1.
17 Currently, FMPA serves the following municipalities: Alachua, Bartow, Blountstown, Bushnell, Chattahoochee, Clewiston,
Fort Meade, Fort Pierce, Gainesville, Green Cove Springs, Havana, Homestead, Jacksonville, Jacksonville Beach, Key West,
Kissimmee, Lake Worth Beach, Lakeland, Leesburg, Moore Haven, Mount Dora, New Smyrna Beach, Newberry, Ocala, Orlando,
Quincy, St. Cloud, Starke, Tallahassee, Wauchula, Williston, and Winter Park. Florida Municipal Power Agency, Members,
https://fmpa.com/members/ (last visited Jan. 9, 2026).
18 S. 366.04(3)(c), F.S.
19 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry 2025, supra note 10, at p. 14.
20 S. 366.02(8), F.S., supra note 14.
21 S. 527.01(1), F.S.
22 This category also includes “any person leasing or offering to lease, or exchanging or offering to exchange, any apparatus,
appliances, and equipment for the use of liquefied petroleum gas; any person installing, servicing, altering, or modifying
apparatus, piping, tubing, appliances, and equipment for the use of liquefied petroleum or natural gas; any person installing
carburetion equipment; or any person requalifying cylinders.” S. 527.01(6), F.S.
23 S. 527.01(7), F.S.
24 S. 527.01(8), F.S.
25 S. 366.032, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 379
• Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
• Investor-owned gas utilities;
• Gas districts;
• Municipal natural gas utilities;
• Natural gas transmission companies; and
• Certain propane dealers, dispensers, and gas cylinder exchange operators. 26
While the preemption prohibits actions of local government bodies that have restrictive effects on the entities
listed above, it does not prevent a municipality or government entity which owns or operates and directly controls
an electric or natural gas utility from passing rules, regulations, or policies governing the utility. 27
Florida law similarly prohibits a rural electric cooperative from adopting or enforcing policies or actions that have
the effect of restricting or prohibiting the types or fuel sources of energy production which may be used or
supplied by the same entities listed above. 28 However, current law does not provide an explicit protection for a
rural electric cooperative to adopt rules and policies governing its own energy choices.
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/HB 1137 - Utility Service Restrictions Shoaf Became law on May 20, 2025
2024 CS/CS/HB 1645 - Energy Resources Payne Became law on July 1, 2024
2021 CS/CS/HB 919 - Preemption Over Restriction Tomkow Became law on July 1, 2021
of Utility Services
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IEconomic Infrastructure 16 Y, 0 N 1/14/2026 Keating Rubottom
Subcommittee
Commerce Committee Hamon Rubottom
26 S. 366.032(1), F.S.
27 S. 366.032(3), F.S.
28 S. 425.041, F.S. The statute protects the types or fuel sources of energy production which may be used, delivered, converted,
or supplied by the entities listed in s. 366.032(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 379 2026
1 A bill to be entitled
2 An act relating to rural electric cooperatives;
3 amending s. 425.041, F.S.; prohibiting a cooperative
4 that sells electricity at retail from adopting,
5 enacting, or enforcing a fee meeting specified
6 criteria; revising the applicability of such
7 prohibition on the types or fuel sources of energy
8 production which may be used, delivered, converted, or
9 supplied by specified entities; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 425.041, Florida Statutes, is amended
15 to read:
16 425.041 Prohibited fees, bylaws, tariffs, and policies.—A
17 cooperative which sells electricity at retail may not adopt,
18 enact, or enforce any fee, including a lot fee, developer fee,
19 or surcharge, or any bylaw, tariff, or policy, or take any other
20 action, that restricts or prohibits or has the effect of
21 restricting or prohibiting:
22 (1) The types or fuel sources of energy production which
23 may be used, delivered, converted, or supplied by the entities
24 listed in s. 366.032(1)(b)-(e) s. 366.032 (1) to serve
25 customers that such entities are authorized to serve.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 379 2026
26 (2) The use of an appliance, including a stove or grill,
27 which uses the types or fuel sources of energy production which
28 may be used, delivered, converted, or supplied by the entities
29 listed in s. 366.032(1). As used in this subsection, the term
30 "appliance" means a device or apparatus manufactured and
31 designed to use energy and for which the Florida Building Code
32 or the Florida Fire Prevention Code provides specific
33 requirements.
34 Section 2. This act shall take effect July 1, 2026.
Page 2 of 2
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hb379-00
CS/HB 405
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 405 COMPANION BILL: SB 526 (Grall)
TITLE: Commercial Construction Projects LINKED BILLS: None
SPONSOR(S): Griffitts RELATED BILLS: None
Committee References
Industries & Professional State Administration Budget Commerce
Activities 11 Y, 0 N
13 Y, 2 N, As CS
SUMMARY
Effect of the Bill:
The bill makes provisions in public construction contracts which waive, release, or extinguish certain rights of the
contractor void if the delay is due to the acts or omissions of the awarding body; directs the Florida Building
Commission, in consultation with the Department of Business and Professional Regulation, to create a uniform
commercial building permit application to be used throughout the state; and directs local enforcement agencies to
reduce permit fees for plans review or building inspection services when an owner or contractor retains a private
provider for those purposes.
Fiscal or Economic Impact:
The bill may have a negative fiscal impact of $150,000 on state government, however there are sufficient agency
resources to cover this, an indeterminate negative fiscal impact on local governments, and a positive fiscal impact
on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Public Construction Contracts
The bill revises Florida law governing public procurement to void and render unenforceable any provision in a
public construction contract which purports to waive, release or extinguish the rights of a contractor to recover
costs, damages, or equitable adjustments, or obtain a time extension, for delays in performance of the contract
when the delays are caused by the awarding body 1 or its agents, employees or persons working on its behalf. These
provisions apply to all public construction contracts entered into on or after July 1, 2026. (Section 1)
However, the bill specifically does not void a provision that requires notice of a delay by the party claiming the
delay; provisions for liquidated damages for a delay caused by the contractor or its subcontractors, agents or
employees; or provisions related to arbitration or other procedures designed to settle contract disputes. (Section
1)
Uniform Commercial Building Code Forms
The bill directs the Florida Building Commission (Commission), in consultation with the Department of Business
and Professional Regulation (DBPR), to create a uniform commercial building permit application to be used,
unmodified, statewide. The application must, at a minimum, including the name and contact information of the
1 For state contracts, awarding body is an agency or department. For local government contracts, the awarding body is the
governing body of a county, a municipality, a special district, or any other political subdivision of the state. S. 287.05701(1),
F.S.
STORAGE NAME: h0405d.COM
DATE: 1/23/2026
1
CS/HB 405
property owner; the name, license number, and contact information of the contractor; the address and parcel
identification number of the construction project; the project type and occupancy classification under the Florida
Building Code; a description of the construction project, including whether the project is a new construction or an
alteration, an addition, or a repair; the total square footages and declared value of the construction project; the
architect or engineer of record, if applicable; the identification of any private provider services, if used. (Section 2)
The bill directs the Commission, in consultation with the DBPR, to create additional standardized forms to be used
statewide relating to specific trades that may be present on a project. The trades may include but are not limited to
electric, HVAC, plumbing, and water and sewer. A local enforcement agency may require these supplemental trade-
specific forms depending on the scope of the project. The use of supplemental forms must be standardized and
used statewide and may not expand the timelines for plans to be reviewed and permits issued. A local enforcement
agency may also require additional documentation or plans reasonably necessary to demonstrate compliance with
the Florida Building Code or local zoning ordinances, but the additional documents or plans may not alter the form,
content, or substance of the uniform commercial building application. In addition, local enforcement agencies must
allow relevant reviews to take place simultaneously. (Section 2)
The bill directs the Commission to make the uniform commercial building permit application available on its
website and to all local enforcement agencies by July 1, 2027. (Section 2)
The bill defines “commercial construction project” as “the construction, alteration, or repair of a building or
structure that is primarily intended for business, industrial, institutional, or mercantile use and is not classified as
residential under the Florida Building Code.” (Section 3)
Permit Fees
The bill directs local enforcement agencies to reduce permit fees for plans review or building inspection services
for a commercial construction contract when an owner or contractor retains a private provider for those purposes.
The local enforcement agency must reduce the fees for those services by at least 50 percent if part of the work is
contracted to a private provider, and by at least 75 percent if the private provider is retained for all of that work. If
the local enforcement agency does not reduce the fees appropriately, the bill prohibits the collection of any fees for
the commercial construction project. (Section 3)
Effective Date
The effective date of the bill is July 1, 2026. (Section 4)
RULEMAKING:
The bill requires the Commission, in consultation with DBPR, to create a uniform commercial building permit
application.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Requiring the Commission, in consultation with DBPR, to create a uniform commercial building permit application
may have a negative fiscal impact on the Commission and DBPR. The Commission estimates $150,000 for the
completion of these tasks, which includes the collection and review of building permit applications currently in use
throughout the state. 2 Additionally, there may be costs associated with the development of specific criteria for both
the uniform building permit application and trade-specific forms in order to create electronic standardized forms. 3
2 Department of Business and Professional Regulation, Agency Analysis of 2026 House Bill 405, pp. 5-6 (Jan. 6, 2026).
3 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/HB 405
Based on DBPR’s budget reversions, there should be sufficient funding to implement the bill. The contracted
services appropriation category in the Compliance and Enforcement budget entity, within the Professional
Regulation Program, has a five-year reversion average of $210,882, and a three-year average of $139,587.
The chart below shows the amount of budget reverted from Fiscal Year 2020-2021 through Fiscal Year 2024-2025.
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
$284,407 $351,242 $157,149 $153,280 $108,333
The bill will have an indeterminant negative fiscal impact on DBPR. Reducing local government permit fees will
reduce DBPR surcharges for local building permits, which fund the activities of the Commission, DBPR’s Building
Code Compliance and Mitigation Program, and the Florida Fire Prevention Code informal interpretations.
LOCAL GOVERNMENT:
The bill will have an indeterminant negative fiscal impact on local governments. The bill reduces local government
permit fees. Such fees must be used solely for carrying out the local government’s responsibilities in enforcing the
Building Code.
PRIVATE SECTOR:
The bill will reduce permit fees for contractors who use private providers.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Competitive Solicitation of Construction Services
Current law specifies the procedures to be followed in the procurement of construction services for public
property and publicly owned buildings. 4 The Department of Management Services (DMS) is responsible for
establishing by rule procedures: 5
• For determining the qualifications and responsibility of potential bidders prior to advertising for and
receiving bids for building construction contracts.
• For awarding each state agency construction project to the lowest qualified bidder.
• To govern negotiations for construction contracts and contract modifications when such negotiations are
determined to be in the best interest of the state.
• For entering into performance-based contracts for the development of public facilities when those
contracts are determined to be in the best interest of the state.
State contracts for construction projects that are projected to cost in excess of $200,000 must be competitively
bid. 6 A county, municipality, special district, or other political subdivision seeking to construct or improve a public
building must competitively bid the project if the estimated cost is in excess of $300,000. 7
Public Works Projects
A “public works project” is an activity that is paid for with any state-appropriated funds and that consists of the
construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer,
storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution
4 See ch. 255, F.S.
5 S. 255.29, F.S.
6 See s. 255.0525, F.S.; see also R. 60D-5.002 and 60D-5.0073, F.A.C.
7 S. 255.20(1), F.S. For electrical work, local governments must competitively bid projects estimated to cost over $75,000.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 405
system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any
political subdivision. 8
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum building code
that would ensure that Florida’s minimum standards were met. Local governments could choose from four
separate model codes. The state’s role was limited to adopting all or relevant parts of new editions of the four
model codes. Local governments could amend and enforce their local codes, as they desired. 9
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane Andrew
easily destroyed those structures that were allegedly built according to the strongest code. The Governor
eventually appointed a study commission to review the system of local codes and make recommendations for
modernizing the system. The 1998 Legislature adopted the study’s commission recommendations for a single state
building code and enhanced the oversight role of the state over local code enforcement. The 2000 Legislature
authorized implementation of the Florida Building Code (Building Code), and that first edition replaced all local
codes on March 1, 2002. 10 The current edition of the Building Code is the eighth edition, which is referred to as the
2023 Florida Building Code. 11
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction. 12
The Florida Building Commission (Commission) was created to implement the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a 19-member technical
body made up of design professionals, contractors, and government experts in various disciplines covered by the
Building Code. The Commission reviews several International Codes published by the International Code Council, 13
the National Electric Code, and other nationally adopted model codes to determine if the Building Code needs to be
updated and adopts an updated Building Code every three years. 14
Building Permits
Local governments have the power to inspect all buildings, structures, and facilities within their jurisdiction in
protection of the public’s health, safety, and welfare. 15 Every local government must enforce the Florida Building
Code and issue building permits. 16
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 17 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 18
8 S. 255.0992(1)(b), F.S.
9 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 15, 2026).
10 Id.
11 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 15, 2026).
12 See s. 553.72(1), F.S.
13 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building,
and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About
the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 22, 2026).
14 S. 553.73(7)(a), F.S.
15 S. 553.72, F.S.
16 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
17 S. 468.603, F.S.; s. 202 of the Eighth edition of the Florida Building Code.
18 Ss. 125.56(4)(a) and 553.79(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 405
Current law requires local governments to post their building permit applications, including a list of all required
attachments, drawings, and documents for each application, on its website. However, other than fire alarm building
permit applications, local governments are not required to have uniform building permit applications, and they are
free to create their own applications with their own requirements. 19
Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Florida Building Code. The Florida Building Code requires certain building, electrical,
plumbing, mechanical, and gas inspections. Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections are considered completed or closed. 20
Building Code Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the enforcing agency
for the issuance of a building permit. 21 Such fees must be used solely for carrying out the local government’s
responsibilities in enforcing the Building Code. 22 Enforcing the Building Code includes the direct costs and
reasonable indirect costs associated with training, review of building plans, building inspections, re-inspections,
building permit processing, and fire inspections. 23 Local governments must post all building permit and inspection
fee schedules on their website. 24
Local governments are only allowed to collect building permit fees that are sufficient to cover their costs in
enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated annual revenue
derived from fees, and the fines and investment earnings related to the fees, may not exceed the total estimated
annual costs of allowable activities. Any unexpended balances must be carried forward to future years for
allowable activities or must be refunded at the discretion of the local government. A local government may not
carry forward an amount exceeding the average of its operating budget, not including reserve amounts, for
enforcing the Building Code for the previous 4 fiscal years. 25
DBPR Surcharges
Current law requires all local governments to assess and collect a 1 percent surcharge on any building permit
issued by their enforcement agency for the purpose of enforcing the Building Code. The local jurisdictions collect
the assessment and remit the surcharge to DBPR to fund the activities of the Commission, DBPR’s Building Code
Compliance and Mitigation Program, and the Florida Fire Prevention Code informal interpretations. 26
Current law also requires all local governments to assess and collect a separate 1.5 percent surcharge on any
building permit issued by their enforcement agency for the purpose of enforcing the Building Code. The local
governments collect the assessment and remit the surcharge to DBPR, where it is divided equally to fund the
activities of the Building Code Administrators and Inspectors Board (BCAIB) and the Florida Homeowners’
Construction Recovery Fund. 27
19 Ss. 553.79(1) and 553.7921, F.S.
20 Section 110 of Eighth Edition of the Florida Building Code.
21 S. 553.80 F.S.
22 Id.
23 S. 553.80(7)(a)1., F.S.
24 Ss.125.56 (4)(c) and 166.222(2), F.S.
25 S. 553.80(7)(a), F.S.
26 S. 553.721, F.S.
27 S. 468.631, F.S.; the Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have
suffered a covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed
with DBPR, who reviews for completeness and statutory eligibility. DBPR then presents the claim to the Construction Industry
Licensing Board for review. S. 489.1401(2), F.S.
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5
CS/HB 405
Local government building departments are permitted to retain 10 percent of the amount of the surcharges they
collect to fund participation by their agencies in the national and state building code adoption processes and to
provide education related to enforcement of the Building Code. 28
Private Providers
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.
A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings. 29
An owner or contractor must notify a local government that the owner or contract hired a private provider to
perform building code inspection services, including single-trade inspections. If an owner or contractor retains a
private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the
permit fee by the amount of cost savings realized by the local enforcement agency for not having to perform such
services. Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by
which a local enforcement agency assesses the cost for its plans review or inspection services. A local government
may not charge a fee for building inspections when an owner or contractor uses a private provider but may charge
a “reasonable administrative fee.” A “reasonable administrative fee” must be based on the cost that is actually
incurred by the local government, including the labor cost of the personnel providing the service, or the cost
attributable to the local government for the clerical and supervisory assistance required, or both. 30
OTHER RESOURCES:
Department of Business & Professional Regulation
Florida Building Commission
Florida Building Code
28 Ss. 468.631 and 553.721, F.S.
29 S. 553.791(1)(n), F.S.
30 Id.
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6
CS/HB 405
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIndustries & Professional Activities 13 Y, 2 N, As CS 12/2/2025 Anstead Miralia
Subcommittee
THE CHANGES ADOPTED BY THE • Revised the definition for “body” to include “awarding body.”
COMMITTEE: • Created a definition for “concurrent delay” to mean “two or more
unrelated delays by the awarding body or its agents or employees, or
any person acting on its behalf, and the contractor or its subcontractors
or suppliers that happen at the same time or overlap in time, each of
which on its own would have delayed the contractor's performance of a
public construction contract.
• Added “deny” and “restrict” to the list of provisions that could impact a
contractor’s rights to recover costs.
• Included “supplier” with “subcontractor”.
• Added “waive”, “release” and “extinguish” to the list of provisions that
could impact a contractor’s right to a time extension.
• Specified that supplemental forms must be created by the Commission
in consultation with DBPR.
• Changed the supplemental forms from types of commercial
construction to trade-specific.
• Specified that a local enforcement agency may require supplemental
forms based on project scope.
• Changed the date that the uniform commercial building permit
application must be completed and available to local enforcement
agencies to July 1, 2027.
State Administration Budget 11 Y, 0 N 1/14/2026 Topp Murphy
Subcommittee
Commerce Committee Anstead Miralia
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 405 2026
1 A bill to be entitled
2 An act relating to commercial construction projects;
3 creating s. 287.05702, F.S.; defining the terms
4 "awarding body" and "concurrent delay"; providing that
5 provisions contained in public construction contracts
6 which purport to waive, release, deny, restrict, or
7 extinguish certain rights of a contractor are void and
8 unenforceable under specified circumstances; providing
9 construction; providing severability; providing
10 applicability; creating s. 553.789, F.S.; requiring
11 the Florida Building Commission, in consultation with
12 the Department of Business and Professional
13 Regulation, to create a uniform commercial building
14 permit application; requiring such application to
15 include certain information and be accepted statewide;
16 prohibiting such application from being modified;
17 requiring the commission, in consultation with the
18 department, to create standardized trade-specific
19 forms to be used statewide; authorizing local
20 enforcement agencies to require supplemental trade-
21 specific forms or additional documentation or plans
22 for certain projects; providing requirements for such
23 supplemental forms; requiring local enforcement
24 agencies to allow reviews to take place
25 simultaneously; requiring the commission to
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 405 2026
26 electronically publish on its website and make
27 available to local enforcement agencies and applicants
28 such application by a specified date; amending s.
29 553.791, F.S.; defining the term "commercial
30 construction project"; requiring local enforcement
31 agencies to reduce permit fees for commercial
32 construction projects by certain percentages under
33 certain circumstances; prohibiting local enforcement
34 agencies from collecting any fees for commercial
35 construction projects under certain circumstances;
36 providing construction; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 287.05702, Florida Statutes, is created
41 to read:
42 287.05702 Public construction contract provisions barring
43 delay or time extensions declared void.—
44 (1) As used in this section, the term:
45 (a) "Awarding body" has the same meaning as in s.
46 287.05701(1).
47 (b) "Concurrent delay" means two or more unrelated delays
48 by the awarding body or its agents or employees, or any person
49 acting on its behalf, and the contractor or its subcontractors
50 or suppliers that happen at the same time or overlap in time,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 405 2026
51 each of which on its own would have delayed the contractor's
52 performance of a public construction contract.
53 (2) A provision contained in a public construction
54 contract which purports to waive, release, deny, restrict, or
55 extinguish a contractor's right to recover his or her costs,
56 damages, or equitable adjustments, or to obtain a time
57 extension, for delays in performing such contract, either on his
58 or her own behalf or on behalf of a subcontractor or supplier,
59 is void and unenforceable as against public policy to the extent
60 the awarding body caused the delay through its own acts or
61 omissions or by the acts or omissions of its agents or
62 employees, or any person acting on its behalf.
63 (3) A provision contained in a public construction
64 contract which purports to waive, release, deny, restrict, or
65 extinguish a contractor's right to a time extension for a
66 concurrent delay is void and unenforceable as against public
67 policy to the extent the awarding body contributed to the delay
68 through its own acts or omissions or by the acts or omissions of
69 its agents or employees, or any person acting on its behalf.
70 (4) This section may not be construed to render void or
71 unenforceable a provision of a public construction contract
72 which:
73 (a) Requires notice of a delay by the party claiming the
74 delay;
75 (b) Allows an awarding body to recover liquidated damages
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76 for a delay caused by the acts or omissions of the contractor or
77 his or her subcontractors, agents, or employees; or
78 (c) Provides for arbitration or any other procedure
79 designed to settle contract disputes.
80 (5) If a public construction contract contains a provision
81 that is void and unenforceable under this section, the provision
82 must be severed from the contract and the remaining provisions
83 remain in full force and effect.
84 (6) This section applies to all public construction
85 contracts entered into on or after July 1, 2026.
86 Section 2. Section 553.789, Florida Statutes, is created
87 to read:
88 553.789 Uniform commercial building permit application.—
89 (1) The commission, in consultation with the department,
90 shall create a uniform commercial building permit application.
91 The uniform commercial building permit application must, at a
92 minimum, require all of the following information:
93 (a) The name and contact information of the property
94 owner.
95 (b) The name, license number, and contact information of
96 the contractor.
97 (c) The address and parcel identification number of the
98 construction project.
99 (d) The project type and occupancy classification under
100 the Florida Building Code.
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101 (e) A description of the construction project, including
102 whether the project is new construction or an alteration, an
103 addition, or a repair.
104 (f) The total square footage and the declared value of the
105 construction project.
106 (g) The architect or engineer of record, if applicable.
107 (h) The identification of any private provider services if
108 used pursuant to s. 553.791.
109 (2) The uniform commercial building permit application
110 must be accepted statewide and may not be modified.
111 (3) The commission, in consultation with the department,
112 shall create additional trade-specific forms for trades that are
113 often present on a project, including, but not limited to,
114 electric, HVAC, plumbing, and water and sewer. Such forms must
115 be standardized and used statewide.
116 (4) A local enforcement agency may require supplemental
117 trade-specific forms based on the scope of the project. The use
118 of such supplemental forms may not expand the applicable
119 timelines during which plans must be reviewed and permits must
120 be issued.
121 (5) A local enforcement agency may require additional
122 documentation or plans reasonably necessary to demonstrate
123 compliance with the Florida Building Code or local zoning
124 ordinances. Such additional documentation or plans may not alter
125 the format, content, or substance of the uniform commercial
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126 building permit application.
127 (6) A local enforcement agency must allow reviews to take
128 place simultaneously.
129 (7) The commission shall electronically publish on its
130 website and make available to all local enforcement agencies and
131 applicants the uniform commercial building permit application by
132 July 1, 2027.
133 Section 3. Paragraphs (e) through (s) of subsection (1) of
134 section 553.791, Florida Statutes, are redesignated as
135 paragraphs (f) through (t), respectively, paragraph (b) of
136 subsection (17) is amended, a new paragraph (e) is added to
137 subsection (1), and paragraph (d) is added to subsection (2), to
138 read:
139 553.791 Alternative plans review and inspection.—
140 (1) As used in this section, the term:
141 (e) "Commercial construction project" means the
142 construction, alteration, or repair of a building or structure
143 that is primarily intended for business, industrial,
144 institutional, or mercantile use and is not classified as
145 residential under the Florida Building Code.
146 (2)
147 (d) If an owner or a contractor retains a private provider
148 for purposes of plans review or building inspection services for
149 a commercial construction project, the local enforcement agency
150 must reduce the permit fee by at least 50 percent of the portion
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151 of the permit fee attributable to plans review or building
152 inspection services, as applicable. If an owner or a contractor
153 retains a private provider for all required plans review and
154 building inspection services, the local enforcement agency must
155 reduce the total permit fee by at least 75 percent of the amount
156 otherwise charged for such services. If a local enforcement
157 agency does not reduce its fees by at least the percentages
158 provided in this paragraph, the local enforcement agency
159 forfeits the ability to collect any fees for the commercial
160 construction project. This paragraph does not prohibit a local
161 enforcement agency from reducing its fees in excess of the
162 percentages provided in this paragraph.
163 (17)
164 (b) A local enforcement agency, local building official,
165 or local government may establish, for private providers,
166 private provider firms, and duly authorized representatives
167 working within that jurisdiction, a system of registration to
168 verify compliance with the licensure requirements of paragraph
169 (1)(o) (1)(n) and the insurance requirements of subsection (18).
170 Section 4. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
HB 405 by Rep. Griffitts
Commercial Construction Projects
AMENDMENT SUMMARY
January 27, 2026
Amendment #782825 by Griffitts (Strike-all):
• Relocates and clarifies the section related to the unenforceability of certain
contract provisions related to delays for public works projects.
• Defines “commercial construction project” in the Florida Building Codes Act.
• Provides the Florida Building Commission rulemaking authority for the creation of
the uniform building permit application and for supplemental forms.
• Clarifies that the surcharge local governments are required to assess on permit fees
will be based on the reduced fee if the fees are reduced due to the use of a private
provider.
• Clarifies that permit fees must be based on the costs incurred by the local
enforcement agency in reviewing, processing, and administering the permit.
• Adds a limitation to the ability of local governments to impose glazing requirements
on commercial or mixed-use new development or restorations.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Griffitts offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 255.0994, Florida Statutes, is created
8 to read:
9 255.0994 Public works projects; unenforceability of certain
10 contract provisions regarding delays.
11 (1) As used in this section, the term:
12 (a) "Concurrent delays" means two or more unrelated delays
13 in the contractor's performance of a contract for a public works
14 project that happen at the same time or overlap in time, each of
15 which on its own would have delayed the contractor's
16 performance.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
17 (b) “Governmental entity” has the same meaning as in s.
18 255.0993(1).
19 (c) “Public works project” has the same meaning as in s.
20 255.0992(1).
21 (2) Except as otherwise required by federal or state law, a
22 governmental entity that contracts for a public works project
23 may not take the following actions:
24 (a) Enforce any contract provisions that would eliminate or
25 limit the contractor’s right to receive compensation for damages
26 and increased costs, equitable adjustments, and time extensions
27 due to a delay in performance of the contract, either on its own
28 behalf or on behalf of a subcontractor or supplier, to the
29 extent the delay was caused in whole or in part by the acts or
30 omissions of the governmental entity or of any agent, employee,
31 or person acting on its behalf.
32 (b) Enforce any contract provisions that would eliminate or
33 limit the contractor’s right to receive time extensions due to
34 concurrent delays, either on its own behalf or on behalf of a
35 subcontractor or supplier, if at least one of those delays was
36 caused in whole or in part by the acts or omissions of the
37 governmental entity or of any agent, employee, or person acting
38 on its behalf.
39 (3) This section may not be construed to render
40 unenforceable a provision of a contract for a public works
41 project that:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
42 (a) Requires the party claiming a delay to give notice of
43 the acts or omissions giving rise to the delay.
44 (b) Provides for arbitration or any other procedure
45 designed to settle contract disputes.
46 (4) If a contract for a public works project contains a
47 provision that is unenforceable under this section, the
48 provision must be severed from the contract and the remaining
49 provisions remain in full force and effect.
50 (5) This section applies to any contract for a public works
51 project entered into on or after July 1, 2026.
52 Section 2. Subsections (2), (3), (4), (5), (6), (7), (8),
53 (9), (10), (11), and (12) of section 553.71, Florida Statutes,
54 are renumbered as subsections (3), (4), (5), (6), (7), (8), (9),
55 (10), (11), (12), and (13), respectively, and subsection (2) is
56 added to that section, to read:
57 553.71 Definitions.—As used in this part, the term:
58 (2) “Commercial construction project” means the
59 construction, alteration, or repair of a building or structure
60 that is primarily intended for business, industrial,
61 institutional, or mercantile use and is not classified as
62 residential under the Florida Building Code.
63 Section 3. Section 553.789, Florida Statutes, is created
64 to read:
65 553.789 Uniform commercial building permit application.—
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
66 (1) By December 31, 2027, the commission shall adopt
67 pursuant to ss. 120.536(1) and 120.54 a uniform commercial
68 building permit application to be used statewide for commercial
69 construction projects. The application must include at a minimum
70 the following information:
71 (a) The name and contact information of the property
72 owner.
73 (b) The name, license number, and contact information of
74 the contractor if known at the time of application.
75 (c) The address and parcel identification number of the
76 construction project.
77 (d) The project type and occupancy classification under
78 the Florida Building Code.
79 (e) A description of the construction project, including
80 whether the project is new construction or an alteration, an
81 addition, or a repair.
82 (f) The total square footage and the declared value of the
83 construction project.
84 (g) The architect or engineer of record, if applicable.
85 (h) The identification of any private provider services if
86 used pursuant to s. 553.791.
87 (2) The commission shall adopt pursuant to ss. 120.536(1)
88 and 120.54 additional trade-specific forms for trades that are
89 often present on a project, including, but not limited to,
90 electric, HVAC, plumbing, and water and sewer.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
91 (3) A local enforcement agency must accept the uniform
92 commercial building permit application and other standardized
93 forms as adopted by the commission. However, a local enforcement
94 agency may require additional documentation or plans reasonably
95 necessary for the applicant to demonstrate compliance with the
96 Florida Building Code or local zoning ordinances.
97 Section 4. Paragraph (b) is amended and paragraph (d) is
98 added to subsection (2) of section 553.791, Florida Statutes, to
99 read:
100 553.791 Alternative plans review and inspection.
101 (2)
102 (b) If an owner or contractor retains a private provider
103 for purposes of plans review or building inspection services,
104 the local jurisdiction must reduce the permit fee by the amount
105 of cost savings realized by the local enforcement agency for not
106 having to perform such services. Such reduction may be
107 calculated on a flat fee or percentage basis, or any other
108 reasonable means by which a local enforcement agency assesses
109 the cost for its plans review or inspection services. The local
110 jurisdiction must include the applicable reduction in the permit
111 fee on its schedule of fees which is posted on its website. The
112 local jurisdiction may not charge fees for plans review or
113 building inspections if the fee owner or contractor hires a
114 private provider to perform such services; however, the local
115 jurisdiction may charge a reasonable administrative fee, which
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
116 shall be based on the cost that is actually incurred, including
117 the labor cost of the personnel providing the service, by the
118 local jurisdiction or attributable to the local jurisdiction for
119 the clerical and supervisory assistance required, or both. The
120 local jurisdiction shall specify the services covered by the
121 administrative fee on its website.
122 (d) If an owner or a contractor retains a private provider
123 for purposes of plans review or building inspection services for
124 a commercial construction project, the local enforcement agency
125 must reduce the permit fee by at least 25 percent of the portion
126 of the permit fee attributable to plans review or building
127 inspection services, as applicable. If an owner or a contractor
128 retains a private provider for all required plans review and
129 building inspection services, the local enforcement agency must
130 reduce the total permit fee by at least 50 percent of the amount
131 otherwise charged for such services. If a local enforcement
132 agency does not reduce its fees by at least the percentages
133 provided in this paragraph, the local enforcement agency
134 forfeits the ability to collect any fees for the commercial
135 construction project. The surcharge required by s. 553.721 shall
136 be calculated based on the reduced permit fee. This paragraph
137 does not prohibit a local enforcement agency from reducing its
138 fees in excess of the percentages provided in this paragraph.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
139 Section 5. Paragraph (g) of subsection (1) of section
140 553.79, Florida Statutes, is added, and paragraph (a) of
141 subsection (24) is amended, to read:
142 553.79 Permits; applications; issuance; inspections.
143 (1)(a) After the effective date of the Florida Building
144 Code adopted as herein provided, it shall be unlawful for any
145 person, firm, corporation, or governmental entity to construct,
146 erect, alter, modify, repair, or demolish any building within
147 this state without first obtaining a permit therefor from the
148 appropriate enforcing agency or from such persons as may, by
149 appropriate resolution or regulation of the authorized state or
150 local enforcing agency, be delegated authority to issue such
151 permits, upon the payment of such reasonable fees adopted by the
152 enforcing agency. The enforcing agency is empowered to revoke
153 any such permit upon a determination by the agency that the
154 construction, erection, alteration, modification, repair, or
155 demolition of the building for which the permit was issued is in
156 violation of, or not in conformity with, the provisions of the
157 Florida Building Code. Whenever a permit required under this
158 section is denied or revoked because the plan, or the
159 construction, erection, alteration, modification, repair, or
160 demolition of a building, is found by the local enforcing agency
161 to be not in compliance with the Florida Building Code, the
162 local enforcing agency shall identify the specific plan or
163 project features that do not comply with the applicable codes,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
164 identify the specific code chapters and sections upon which the
165 finding is based, and provide this information to the permit
166 applicant. A plans reviewer or building code administrator who
167 is responsible for issuing a denial, revocation, or modification
168 request but fails to provide to the permit applicant a reason
169 for denying, revoking, or requesting a modification, based on
170 compliance with the Florida Building Code or local ordinance, is
171 subject to disciplinary action against his or her license
172 pursuant to s. 468.621(1)(i). Installation, replacement,
173 removal, or metering of any load management control device is
174 exempt from and shall not be subject to the permit process and
175 fees otherwise required by this section.
176 (b) A local enforcement agency shall post each type of
177 building permit application, including a list of all required
178 attachments, drawings, or other requirements for each type of
179 application, on its website. A local enforcement agency must
180 post and update the status of every received application on its
181 website until the issuance of the building permit. Completed
182 applications, including payments, attachments, drawings, or
183 other requirements or parts of the completed permit application,
184 must be able to be submitted electronically to the appropriate
185 building department. Accepted methods of electronic submission
186 include, but are not limited to, e-mail submission of
187 applications in Portable Document Format or submission of
188 applications through an electronic fill-in form available on the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
189 building department’s website or through a third-party
190 submission management software. Completed applications,
191 including payments, attachments, drawings, or other requirements
192 or parts of the completed permit application, may also be
193 submitted in person in a nonelectronic format, at the discretion
194 of the building official.
195 (c) A local government that issues building permits may
196 send a written notice of expiration, by e-mail or United States
197 Postal Service, to the owner of the property and the contractor
198 listed on the permit, no less than 30 days before a building
199 permit is set to expire. The written notice must identify the
200 permit that is set to expire and the date the permit will
201 expire.
202 (d) A local enforcement agency must allow requests for
203 inspections to be submitted electronically to the local
204 enforcement agency’s appropriate building department. Acceptable
205 methods of electronic submission include, but are not limited
206 to, e-mail or fill-in form available on the website of the
207 building department or through a third-party submission
208 management software or application that can be downloaded on a
209 mobile device. Requests for inspections may be submitted in a
210 nonelectronic format, at the discretion of the building
211 official.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
212 (e) A local enforcement agency must post its procedures for
213 processing, reviewing, and approving submitted building permit
214 applications on its website.
215 (f) A local government may not require a contract between a
216 builder and an owner, any copies of such contract, or any
217 associated document, including, but not limited to, letters of
218 intent, material costs lists, labor costs, or overhead or profit
219 statements, for the issuance of a building permit or as a
220 requirement for the submission of a building permit application.
221 (g) Permit fees imposed by a local enforcement agency must
222 be limited to the actual and reasonable costs incurred in
223 reviewing, processing, and administering the permit and may not
224 be based on industry standards, market rates, or comparable
225 retail pricing. Such fees must be proportional to the work
226 performed reviewing, processing, and administering the permit.
227 (24)(a) A political subdivision of this state may not adopt
228 or enforce any ordinance or impose any building permit or other
229 development order requirement that:
230 1. Contains any building, construction, or aesthetic
231 requirement or condition that conflicts with or impairs
232 corporate trademarks, service marks, trade dress, logos, color
233 patterns, design scheme insignia, image standards, or other
234 features of corporate branding identity on real property or
235 improvements thereon used in activities conducted under chapter
236 526 or in carrying out business activities defined as a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
237 franchise by Federal Trade Commission regulations in 16 C.F.R.
238 ss. 436.1, et. seq.; or
239 2. Imposes any requirement on the design, construction, or
240 location of signage advertising the retail price of gasoline in
241 accordance with the requirements of ss. 526.111 and 526.121
242 which prevents the signage from being clearly visible and
243 legible to drivers of approaching motor vehicles from a vantage
244 point on any lane of traffic in either direction on a roadway
245 abutting the gas station premises and meets height, width, and
246 spacing standards for Series C, D, or E signs, as applicable,
247 published in the latest edition of Standard Alphabets for
248 Highway Signs published by the United States Department of
249 Commerce, Bureau of Public Roads, Office of Highway Safety.
250 3. Imposes a glazing requirement which results in the
251 glazing of more than 15 percent of the surface area of the
252 primary façade for the first ten feet above the ground floor on
253 a proposed commercial or mixed-use new construction or
254 restoration project. No glazing requirement shall be imposed or
255 enforced on any façade other than the primary façade, and no
256 glazing requirement shall be imposed or enforced on any portion
257 of the primary façade higher than the first ten feet above the
258 ground floor. For purposes of this subsection, “primary façade”
259 shall mean the single building side housing the primary entrance
260 to the building; and “glazing” shall mean the installation of
261 transparent or translucent materials, including glass or similar
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
262 substances, in windows, doors, or storefronts, and includes any
263 requirement to add actual or faux windows to a building façade.
264 Section 6. This act shall take effect July 1, 2026.
265
266 -----------------------------------------------------
267 T I T L E A M E N D M E N T
268 Remove everything before the enacting clause and insert:
269 An act relating to commercial construction projects; creating s.
270 255.0994, F.S.; providing definitions; rendering unenforceable
271 certain contract provisions regarding delays in the performance
272 of a contract for a public works project; amending s. 553.71,
273 F.S.; creating a definition for “commercial construction
274 project”; creating s. 553.789, F.S.; requiring the Florida
275 Building Commission to create a uniform permit application;
276 requiring the application to include certain information;
277 authorizing the commission to adopt rules to create supplemental
278 forms; providing requirements for local enforcement agencies;
279 amending s. 553.791; relating to local government fee schedules;
280 setting percentages for local government building permit fee
281 reduction when private providers are used; amending s. 553.79,
282 F.S.; requiring local enforcement agencies to base permit fees
283 on the costs incurred by the local enforcement agency in
284 reviewing, processing, and administering the permit; limiting a
285 political subdivision of the state’s ability to impose a glazing
286 requirement on a commercial or mixed-use new construction or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 405 (2026)
Amendment No.
287 restoration project; defining terms; providing an effective
288 date.
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CS/HB 487
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 487 COMPANION BILL: SB 586 (Smith)
TITLE: Repair of Mobility Devices LINKED BILLS: None
SPONSOR(S): Eskamani and Valdés RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
15 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill establishes the "Right to Repair Act for Mobility Devices" in Florida, which requires original equipment
manufacturers (OEMs) to provide documentation, embedded software, firmware, parts, and tools for servicing
mobility devices to independent repair providers or device owners, clarifies that OEMs are not required to disclose
trade secrets and protects existing arrangements between authorized repair providers and OEMs, limits the
liability of OEMs and authorized repair providers for damages they cause during service, and makes violations a
deceptive and unlawful trade practice. The Act applies to mobility devices sold or used on or after July 1, 2026.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes the "Right to Repair Act for Mobility Devices" in Florida. (Section 2)
Definitions
The bill provides the following definitions:
• "Authorized repair provider" means an individual or a business that has an arrangement with the
original equipment manufacturer (OEM) under which the OEM grants to the individual or business a
license to use a trade name, service mark, or other proprietary identifier for the purposes of servicing a
mobility device under the name of the OEM, or other arrangement with the OEM to offer such services on
behalf of the OEM. An OEM that services its own mobility device, and that does not have an arrangement
with an unaffiliated individual or business, must be considered an authorized repair provider with respect
to mobility devices.
• "Documentation" means a manual, diagram, reporting output, service code description, schematic
diagram, security code, password, or any other guidance or information used in servicing a mobility device.
• "Embedded software" means programmable instructions provided on firmware delivered with an
electronic component of a mobility device or with any part for the purpose of restoring or improving
operation of the mobility device or part and includes all relevant patches and fixes that the OEM makes to a
mobility device or to any part for the purpose of restoring or improving the mobility device or part.
• "Fair and reasonable terms" means making available documentation, tools, or parts as follows:
o Documentation must be made available by the OEM at no charge, except that when a physical copy
is requested, a charge may be included for the reasonable actual costs of preparing and sending the
copy.
o Tools must be made available by the OEM at no charge:
STORAGE NAME: h0487b.COM
DATE: 1/23/2026
1
CS/HB 487
Without requiring authorization or Internet access for use or operation.
Without imposing impediments to access or use.
In a manner that does not impair the efficient and cost-effective performance of any such
service and ensures that full functionality of digital electronic equipment is enabled.
• However, if a tool is requested in physical form, a charge may be included for the
reasonable, actual costs of preparing and sending the tool.
o Parts must be made available by the OEM, either directly or through an authorized repair provider,
to an independent repair provider or owner at costs and terms that are equivalent to the most
favorable costs and terms under which an OEM offers the parts to an authorized repair provider,
and that:
Accounts for a discount, rebate, delivery method, functionality, rights of use, incentive
preference, or
Any additional cost or impediment the OEM imposes on an authorized repair provider.
Does not condition or impose a substantial obligation or restriction that is not reasonably
necessary for enabling the independent repair provider or owner to service a mobility
device.
Is not conditioned upon an arrangement with the OEM.
• “Firmware” means a software program or set of instructions programmed on a mobility device or a part to
allow a mobility device or a part to communicate with itself or with other computer hardware.
• "Independent repair provider" means an individual or business operating in this state engaged in
servicing mobility devices, which is unaffiliated with an OEM.
• "Mobility device" means equipment designed for people with a mobility disability, including power
wheelchairs, manual wheelchairs, mobility scooters, and power assist devices for manual wheelchairs.
• "OEM" means an individual or a business that is engaged in manufacturing, selling, leasing, or supplying
new mobility devices.
• "Owner" means an individual or business that owns or leases a mobility device purchased or used in this
state.
• "Part" means any replacement part, either new or used, made available by an OEM to service a mobility
device manufactured by or on behalf of, sold, or otherwise supplied by the OEM.
• "Service," "services," or "servicing" means any activity related to the diagnosis, maintenance, or repair of
a mobility device or a part thereof.
• "Tool" means any software, hardware, or other apparatus used for the service of a mobility device,
including, but not limited to, software or any other mechanism that programs a new part, calibrates
functionality, or performs any other function required to return the mobility device to its fully functional
condition, which includes any updates.
• "Trade secret" has the same meaning as in s. 688.002, F.S. (Section 3)
Repair Requirements
The bill requires that for the purpose of servicing mobility devices and parts sold in this state, OEMs must make
available to an independent repair provider or owner of the OEM’s mobility device on fair and reasonable terms,
any documentation, embedded software, firmware, parts, and tools, that are necessary to service such mobility
devices and parts, including any updates. (Section 4)
The bill requires the documentation, embedded software, firmware, parts, and tools to be made available either
directly by the OEM or by an authorized repair provider. (Section 4)
The bill requires OEMs to also make available to an independent repair provider or owner on fair and reasonable
terms through appropriate secure release systems any special documentation, embedded software, firmware,
tools, and parts required to access and reset the lock or function when disabled in the course of diagnosis,
maintenance, or repair of the mobility device. (Section 4)
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CS/HB 487
Violations
The bill makes violations of the Right to Repair Act for Mobility Devices punishable under the Florida Deceptive
and Unfair Trade Practices Act. (Section 5)
Limitations
The bill specifies that the Right to Repair Act for Mobility Devices does not:
• Require an OEM to divulge a trade secret to an independent service provider or owner.
• Alter the terms of an arrangement between an authorized repair provider and an OEM, including, but not
limited to, the performance or provision of warranty or recall repair work by an authorized repair provider
on behalf of an OEM and pursuant to such arrangement. However, any terms that waive, avoid, restrict, or
limit the OEM's obligation to comply with this part are void.
• Make an OEM and an authorized repair provider liable for any damage or injury caused by an independent
repair provider or owner to a mobility device that occurs during the course of service. (Section 6)
Prospective Application
The bill applies to mobility devices sold or in use on or after July 1, 2026. (Section 7)
Effective Date
The effective date of the bill is July 1, 2026. (Section 8)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. To the extent that manufacturers will be required to make repair information and tools available to
customers, expenditures for manufacturers may increase, and repair costs for wheelchair owners may decrease.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Right-to-Repair
Many products, ranging from cars and appliances to wheelchairs, use proprietary tools and parts. 1 According to
reports, consumers are being told by certain companies that their warranty will be void if the consumer attempts
to repair their equipment or add an aftermarket part. The Federal Trade Commission (FTC) has attempted to
address this issue. Most recently, in 2024, the FTC sent warning letters to several businesses that were requiring
consumers to use certain parts or service providers “to keep their warranties intact.” The FTC warned that these
practices restrict consumers’ right-to-repair and are thereby prohibited by the Magnuson-Moss Warranty Act, 2 a
law that governs consumer product warranties, gave the companies 30 days to correct any violations, and warned
the companies that failure to correct the violations may result in FTC enforcement actions. 3
Mobility Devices
Millions of Americans rely on wheelchairs due to impaired mobility. 4 According to the Centers for Disease Control
and Prevention, “one in four U.S. adults has a disability that impacts major life activities, including 40 percent of
adults age 65 and older... The most common disability type – mobility, or serious difficulty walking or climbing
1 Thorin Klosowski, What You Should Know About Right to Repair, New York Times (July 15, 2021),
https://www.nytimes.com/wirecutter/blog/what-is-right-to-repair/ (last visited Dec. 1, 2025).
2 5 U.S.C. § 2301 et seq.
3 Federal Trade Commission, FTC Warns Companies to Stop Warranty Practices That Harm Consumers’ Right to Repair
(July 3, 2024), https://www.ftc.gov/news-events/news/press-releases/2024/07/ftc-warns-companies-stop-warranty-
practices-harm-consumers-right-repair (last visited Jan. 1, 2026).
4 Danielle M. Taylor, U.S. DEPT. OF COM., Americans With Disabilities: 2014,
https://www.census.gov/content/dam/Census/library/publications/2018/demo/p70-152.pdf (last visited Dec. 1, 2025)
(citing more than 5.5 million wheelchair users).
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CS/HB 487
stairs – affects one in seven adults.” 5 In Florida, approximately 14 percent of residents report having a disability,
with the most common type being a mobility disability. 6 Studies also indicate that the use of mobility devices like
wheelchairs provides independence to users who may otherwise have difficulty with physical functioning. 7
Wheelchair repairs impact over 50 percent of wheelchair users and often result in individuals stranded at home or
missing a medical appointment. 8 One survey of wheelchair users found that a result of wheelchair breakdown, out-
of-pocket repair costs ranged from $50-$620. 9
To address the costs and delays associated with repairs, right-to-repair laws allow consumers to repair their own
products instead of using the OEM for service. In general, right-to-repair laws include the tools, parts, software or
instructions OEMs must provide to independent repairers and owners. 10
The Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a consumer and business protection measure
that prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in trade or commerce. 11 The FDUTPA is based on federal law. 12
The Office of the State Attorney (SAO) or the Department of Legal Affairs (DLA) may bring FDUTPA actions, if it
serves the public interest, on behalf of consumers or governmental entities. 13 The SAO may enforce FDUTPA
violations occurring in its jurisdiction. The DLA has enforcement authority if the violation is multi-jurisdictional,
the state attorney defers in writing, or the state attorney fails to act within 90 days after a written complaint is
filed. 14 Consumers may also file suit through private actions. 15
DLA and the SAO have powers to investigate FDUTPA claims, which include: 16
5 Catherine A. Okoro, PhD, et al., Centers for Disease Control and Prevention, Prevalence of Disabilities and Health Care Access
by Disability Status and Type Among Adults — United States, 2016,
https://www.cdc.gov/mmwr/volumes/67/wr/mm6732a3.htm?s_cid=mm6732a3_w (last visited Dec. 1, 2025).
6 Stacker, 352today, These are the most prevalent disabilities in Florida, https://352today.com/news/257752-these-are-the-
most-prevalent-disabilities-in-florida/ (last visited Dec. 2, 2025).
7 Lynn Worobey, et al., Increases in Wheelchair Breakdowns, Repairs, and Adverse Consequences for People with Traumatic
Spinal Cord Injury, 91:6 AM. J. OF PHYSICAL MED. AND REHAB. 463 (2012), available at
https://pmc.ncbi.nlm.nih.gov/articles/PMC4886332/ (last visited Dec. 2, 2025).
8 Id.
9 Lisa I. Iezzoni, HARV. HEALTH PUBL’G, Millions rely on wheelchairs for mobility, but repair delays are hurting users, available at
https://www.health.harvard.edu/blog/millions-rely-on-wheelchairs-for-mobility-but-repair-delays-are-hurting-users-
202207212785 (last visited Dec. 2, 2025).
10 Right to Repair 2023 Legislation, National Conference of State Legislatures, November 1, 2023,
https://www.ncsl.org/technology-and-communication/right-to-repair-2023-legislation (last visited Dec. 2, 2025).
11 Chapter 73-124, L.O.F.; s. 501.202, F.S., F.S.
12 D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV. 1083
(Summer 2011). “With the federal Uniform Deceptive Trade Practices Act, as its model, the Florida Legislature enacted
FDUTPA in 1973. The Legislature has amended FDUTPA several times during the intervening decades, ' however, and the Act
is now unique in the extent to which it references federal consumer-protection law.”
13 S. 501.207, F.S.(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the
state attorney if a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal
Affairs if the violation occurs in more than one circuit; or if the office of the state attorney defers to the department in writing;
or fails to act within a specified period.); see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and
Geographic Coverage; State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of
FDUPTA and the potential for deterrence of anticompetitive conduct in Florida),
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8
300791ec1!OpenDocument&Highlight=0,business,Division* (last visited on Dec. 2, 2025).
14 S. 501.203(2), F.S.
15 S. 501.211, F.S.
16 S. 501.206(1), F.S.
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CS/HB 487
• Administering oaths and affirmations;
• Subpoenaing witnesses or matter; and
• Collecting evidence.
DLA and the SAO, as enforcing authorities, may seek the following remedies:
• Declaratory judgments;
• Injunctive relief;
• Actual damages on behalf of consumers and businesses;
• Cease and desist orders; and
• Civil penalties of up to $10,000 per willful violation. 17
Trade Secrets
The Florida Uniform Trade Secrets Act (FUTSA) protects confidential business information that has economic value
and is kept secret through reasonable efforts. 18 It prohibits the misappropriation 19 of trade secrets through
improper means, such as theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain
secrecy, or espionage through electronic or other means. 20 If a trade secret is misappropriated, the owner can seek
remedies including injunctions 21 to stop the misuse, damages 22 to cover losses and unjust enrichment, and, in cases
of willful and malicious misappropriation, exemplary damages. 23
The FUTSA defines “trade secrets” as information, including a formula, pattern, compilation, program, device,
method, technique, or process that: 24
• 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
• Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 HB 311 - Repair of Motorized Wheelchairs Eskamani/ Smith The bill passed the House but
died in the Senate.
17 Ss. 501.207, 501.208, and 501.2075, F.S. Civil Penalties are deposited into the General Revenue fund. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
18 Chapter 688, F.S.
19 S. 688.002(2), F.S.
20 S. 688.002(1), F.S.
21 S. 688.003, F.S.
22 S. 688.004(1), F.S.
23 S. 688.004(2), F.S.
24 S. 688.002(4), F.S.
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIndustries & Professional Activities 15 Y, 0 N, As CS 12/11/2025 Anstead Thompson
Subcommittee
THE CHANGES ADOPTED BY THE • Added definitions for “embedded software,” “firmware,” “mobility
COMMITTEE: device,” and “service.”
• Clarified that OEMs must make available “embedded software” and
“firmware.”
• Clarified that OEMs make certain items available to independent repair
providers “or” owners of such equipment.
Commerce Committee Hamon Thompson
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 487 2026
1 A bill to be entitled
2 An act relating to repair of mobility devices;
3 creating part XIV of ch. 559, F.S., entitled "Repair
4 of Mobility Devices"; creating s. 559.971, F.S.;
5 providing a short title; creating s. 559.972, F.S.;
6 providing definitions; creating s. 559.973, F.S.;
7 requiring original equipment manufacturers to make
8 available documentation, embedded software, firmware,
9 parts, and tools required to service mobility devices
10 and parts of such devices; requiring original
11 equipment manufacturers of mobility devices with
12 electronic security locks to make available any
13 special documentation, embedded software, firmware,
14 parts, and tools required to access and reset the
15 locks when disabled in the course of service; creating
16 s. 559.974, F.S.; providing that violation of the act
17 is an unlawful practice under the Florida Deceptive
18 and Unfair Trade Practices Act; creating s. 559.975,
19 F.S.; providing that original equipment manufacturers
20 are not required to divulge trade secrets; providing
21 that the act does not alter the terms of an
22 arrangement between an authorized repair provider and
23 an original equipment manufacturer; providing an
24 exception; limiting the liability of original
25 equipment manufacturers and authorized repair
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26 providers in certain circumstances; creating s.
27 559.976, F.S.; providing applicability; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Part XIV of chapter 559, Florida Statutes,
33 consisting of ss. 559.971-559.976, Florida Statutes, is created
34 and entitled "Repair of Mobility Devices."
35 Section 2. Section 559.971, Florida Statutes, is created
36 to read:
37 559.971 Short title.-This part may be cited as the "Right
38 to Repair Act for Mobility Devices."
39 Section 3. Section 559.972, Florida Statutes, is created
40 to read:
41 559.972 Definitions.-As used in this part, the term:
42 (1) "Authorized repair provider" means an individual or a
43 business that has an arrangement with the original equipment
44 manufacturer under which the original equipment manufacturer
45 grants to the individual or business a license to use a trade
46 name, service mark, or other proprietary identifier for the
47 purposes of servicing a mobility device under the name of the
48 original equipment manufacturer, or other arrangement with the
49 original equipment manufacturer to offer such services on behalf
50 of the original equipment manufacturer. An original equipment
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51 manufacturer that services its own mobility device, and that
52 does not have an arrangement with an unaffiliated individual or
53 business, is an authorized repair provider with respect to
54 mobility devices.
55 (2) "Documentation" means a manual, diagram, reporting
56 output, service code description, schematic diagram, security
57 code, password, or any other guidance or information used in
58 servicing a mobility device.
59 (3) "Embedded software" means programmable instructions
60 provided on firmware delivered with an electronic component of a
61 mobility device or with any part for the purpose of restoring or
62 improving operation of the mobility device or part and includes
63 all relevant patches and fixes that the original equipment
64 manufacturer makes to a mobility device or to any part for the
65 purpose of restoring or improving the mobility device or part.
66 (4) "Fair and reasonable terms" means making available
67 documentation, tools, or parts as follows:
68 (a) Documentation must be made available by the original
69 equipment manufacturer at no charge, except that when a physical
70 copy is requested, a charge may be included for the reasonable
71 actual costs of preparing and sending the copy.
72 (b) Tools must be made available by the original equipment
73 manufacturer at no charge:
74 1. Without requiring authorization or Internet access for
75 use or operation.
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76 2. Without imposing impediments to access or use.
77 3. In a manner that does not impair the efficient and
78 cost-effective performance of any such service and ensures that
79 full functionality of digital electronic equipment is enabled.
80
81 However, if a tool is requested in physical form, a charge may
82 be included for the reasonable, actual costs of preparing and
83 sending the tool.
84 (c) Parts must be made available by the original equipment
85 manufacturer, either directly or through an authorized repair
86 provider, to an independent repair provider or owner at costs
87 and terms that are equivalent to the most favorable costs and
88 terms under which an original equipment manufacturer offers the
89 parts to an authorized repair provider, and that:
90 1. Accounts for:
91 a. Any discount, rebate, delivery method, functionality,
92 rights of use, incentive, preference; or
93 b. Any additional cost or impediment the original
94 equipment manufacturer imposes on an authorized repair provider.
95 2. Does not condition or impose a substantial obligation
96 or restriction that is not reasonably necessary for enabling the
97 independent repair provider or owner to service a mobility
98 device.
99 3. Is not conditioned upon an arrangement with the
100 original equipment manufacturer.
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101 (5) "Firmware" means a software program or set of
102 instructions programmed on a mobility device or a part to allow
103 a mobility device or a part to communicate with itself or with
104 other computer hardware.
105 (6) "Independent repair provider" means an individual or
106 business operating in this state engaged in servicing mobility
107 devices, which is unaffiliated with an original equipment
108 manufacturer.
109 (7) "Mobility device" means equipment designed for people
110 with a mobility disability, including power wheelchairs, manual
111 wheelchairs, mobility scooters, and power assist devices for
112 manual wheelchairs.
113 (8) "Original equipment manufacturer" means an individual
114 or business that is engaged in manufacturing, selling, leasing,
115 or supplying new mobility devices.
116 (9) "Owner" means an individual or business that owns or
117 leases a mobility device purchased or used in this state.
118 (10) "Part" means any replacement part, either new or
119 used, made available by an original equipment manufacturer to
120 service a mobility device manufactured by or on behalf of, sold,
121 or otherwise supplied by the original equipment manufacturer.
122 (11) "Service," "services," or "servicing" means any
123 activity related to the diagnosis, maintenance, or repair of a
124 mobility device or a part thereof.
125 (12) "Tool" means any software, hardware, or other
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126 apparatus used for the service of a mobility device, including,
127 but not limited to, software or any other mechanism that
128 programs a new part, calibrates functionality, or performs any
129 other function required to return the mobility device to its
130 fully functional condition, which includes any updates.
131 (13) "Trade secret" has the same meaning as in s. 688.002.
132 Section 4. Section 559.973, Florida Statutes, is created
133 to read:
134 559.973 Requirements.—
135 (1) For the purpose of servicing mobility devices and
136 parts of mobility devices that are sold or used in this state,
137 an original equipment manufacturer must make available to any
138 independent repair provider or owner of the original equipment
139 manufacturer's mobility device, on fair and reasonable terms,
140 any documentation, embedded software, firmware, parts, and tools
141 that are necessary to service such mobility devices and parts,
142 including any updates to documentation, embedded software,
143 firmware, parts, and tools. The documentation, embedded
144 software, firmware, parts, and tools must be made available
145 either directly by the original equipment manufacturer or by an
146 authorized repair provider.
147 (2) For equipment that contains an electronic security
148 lock or other security-related function, the original equipment
149 manufacturer must make available to an independent repair
150 provider or owner, on fair and reasonable terms, any special
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151 documentation, embedded software, firmware, tools, and parts
152 required to access and reset the lock or function when disabled
153 in the course of servicing the mobility device. The
154 documentation, embedded software, firmware, parts, and tools may
155 be made available through appropriate secure release systems.
156 Section 5. Section 559.974, Florida Statutes, is created
157 to read:
158 559.974 Enforcement.—A violation of this part is
159 punishable under the Florida Deceptive and Unfair Trade
160 Practices Act.
161 Section 6. Section 559.975, Florida Statutes, is created
162 to read:
163 559.975 Limitations.—
164 (1) This part does not require an original equipment
165 manufacturer to divulge a trade secret to an independent service
166 provider or an owner of the original equipment manufacturer's
167 mobility device.
168 (2) This part does not alter the terms of an arrangement
169 between an authorized repair provider and an original equipment
170 manufacturer, including, but not limited to, the performance or
171 provision of warranty or recall repair work by an authorized
172 repair provider on behalf of an original equipment manufacturer
173 and pursuant to such arrangement. However, any terms that waive,
174 avoid, restrict, or limit the original equipment manufacturer's
175 obligation to comply with this part are void.
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176 (3) An original equipment manufacturer and an authorized
177 repair provider are not liable for any damage or injury caused
178 by an independent repair provider or owner to a mobility device
179 that occurs during the course of service of a mobility device.
180 Section 7. Section 559.976, Florida Statutes, is created
181 to read:
182 559.976 Applicability.—This part applies with respect to
183 mobility devices sold or in use on or after July 1, 2026.
184 Section 8. This act shall take effect July 1, 2026.
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HB 505
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 505 COMPANION BILL: SB 198 (Rouson)
TITLE: Virtual Currency Kiosks LINKED BILLS: None
SPONSOR(S): Owen and Daley RELATED BILLS: None
Committee References
Insurance & Banking Commerce
18 Y, 0 N
SUMMARY
Effect of the Bill:
The bill requires the owner or operator of virtual currency kiosks to warn customers of the risk of fraud. The bill
limits kiosk transactions for new customers to $2,000 per day and for existing customers to $10,500 per day. The
bill requires the owner or operator of virtual currency kiosks to provide customers with a receipt containing
contact information for the owner or operator, transaction details, a statement of the owner’s or operator’s liability,
and the owner’s or operator’s refund policy. The bill requires the owner or operator to issue a refund within 72
hours under certain conditions. The bill permits the Financial Services Commission to adopt rules.
Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector and state government.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Disclosure requirement
The bill requires the owner or operator of a virtual currency kiosk to clearly display a disclosure on the kiosk
screen before a customer may initiate a virtual currency transaction. The disclosure must state:
“WARNING: CONSUMER FRAUD OFTEN STARTS WITH CONTACT FROM A STRANGER. IF YOU HAVE
BEEN DIRECTED TO THIS MACHINE BY SOMEONE CLAIMING TO BE A GOVERNMENT AGENT, BILL
COLLECTOR, LAW ENFORCEMENT OFFICER, OR ANYONE YOU DO NOT KNOW PERSONALLY, STOP
THIS TRANSACTION IMMEDIATELY AND CONTACT YOUR FINANCIAL ADVISOR OR LOCAL LAW
ENFORCEMENT.” (Section 1).
The bill defines a “virtual currency kiosk” as an electronic terminal that acts as a mechanical agent of the owner or
operator, enabling the owner or operator to facilitate the exchange of virtual currency for fiat currency1 or other
virtual currency on behalf of a customer. (Section 1).
Transaction limits
The bill prohibits owners or operators of virtual currency kiosks from allowing new customers to transact more
than $2,000 per calendar day and from allowing existing customers to transact more than $10,500 per calendar
day. These limits apply regardless of whether the customer engages in a single transaction or multiple
transactions. (Section 1).
1 “Fiat currency” refers to government-issued legal tender, such as the United States Dollar. Modern Treasury, What is Fiat
Money? https://www.moderntreasury.com/learn/what-is-fiat-money (last visited Jan. 21, 2026).
STORAGE NAME: h0505b.COM
DATE: 1/23/2026
1
HB 505
The bill defines “new customer” as a customer who has transacted with the owner or operator of a virtual currency
kiosk for less than 7 days. The bill defines “existing customer” as a customer who has transacted with the owner or
operator of a virtual currency kiosk for 7 or more days. (Section 1).
Receipt requirement
The bill requires the owner or operator of virtual currency kiosks to provide customers with electronic receipts,
which must include the following information:
Name and contact information of the owner or operator, including a toll-free telephone number;
Date, time, value, and type of the transaction;
Transaction hash and each wallet used;
Total fee charged;
Exchange rate, if applicable;
Statement of the owner’s or operator’s liability, if any, for non-delivery or delayed delivery of the currency;
and
Refund policy of the owner or operator. (Section 1).
The bill defines “transaction hash” as a unique identifier consisting of a string of characters which provides a
verifiable record that a transaction has been confirmed and added to the blockchain.2 (Section 1).
The bill defines “wallet” as hardware or software that enables customers to store and use digital currency. (Section
1).
Refund requirement
The bill requires the owner or operator of virtual currency kiosks to issue a full refund for a customer’s first virtual
currency transaction within 72 hours if all of the following conditions are met:
The customer transferred the virtual currency to a wallet outside of the United States;
The customer contacts both the owner or operator of the virtual currency kiosk and a law enforcement or
governmental agency regarding the fraudulent nature of a transaction within 60 days; and
The customer provides proof of fraud, such as a police report or notarized affidavit. (Section 1).
Effective date
The bill provides an effective date of January 1, 2027. (Section 2).
RULEMAKING:
The bill authorizes the Financial Services Commission to adopt rules to implement the bill.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
There is an indeterminate impact on state government, to the extent that the Financial Services Commission may
incur costs to promulgate rules.
2 The bill defines “blockchain” as a mathematically secured, chronological, decentralized, distributed, and digital ledger or
database that consists of records of transactions that cannot be altered retroactively.
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2
HB 505
PRIVATE SECTOR:
There is an indeterminate impact on the private sector. This bill may reduce the financial losses associated with
virtual currency kiosk scams. However, virtual currency kiosk businesses may incur additional expenditures to
comply with the bill’s provisions.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Virtual Currency
Virtual currency is a digital representation of value that functions as a medium of exchange but lacks legal tender
status.3 In some environments, virtual currency operates like “real” currency4 (i.e., the coin and paper money of the
United States or of any other country that is designated as legal tender, circulates, and is customarily used and
accepted as a medium of exchange in the country of issuance).5 Virtual currency that has an equivalent value in real
currency, or that acts as a substitute for real currency, is referred to as “convertible” virtual currency. 6 Bitcoin is
one example of a convertible virtual currency, as it can be digitally traded between users and can be purchased for,
or exchanged into, U.S. dollars, Euros, and other real or virtual currencies.7
Virtual currencies generally operate on networks of computers (nodes) that enable, validate, and record
transactions on a distributed digital ledger (blockchain).8 To transfer an asset on a blockchain, the transferor uses
an alphanumeric code known only to the transferor (a private key) to create a request that the network software
validate a new ledger entry, which assigns control of the asset to the recipient.9 Once the network has validated this
transfer, the ledger is updated and the recipient may transfer the asset to another recipient using their own private
key.10 Ledger entries are cryptographically secured, and accounts on a blockchain are identified by alphanumeric
‘‘public keys’’ rather than by personal names.11 Virtual currency wallets are interfaces that store and transfer
virtual currency.12
Virtual Currency Kiosks
Virtual currency kiosks are physical ATM-like machines that allow users to buy or exchange virtual currency.13
Virtual currency kiosks generate revenue for their owner or operator through the collection of fees and are
generally located in businesses such as convenience stores, gas stations, cafes, and supermarkets.14
3 S. 560.103(36), F.S.
4 Often referred to as “fiat” currency.
5 IRS, Digital assets, https://www.irs.gov/filing/digital-assets (last visited Dec. 1, 2025).
6 Id.
7 Id.
8 Office of the Federal Register, National Archives and Records Administration, Requirements for Certain Transactions Involving
Convertible Virtual Currency or Digital Assets, GovInfo, (Dec. 23, 2020), https://www.govinfo.gov/app/details/FR-2020-12-
23/2020-28437/summary (last visited Dec. 1, 2025).
9 Id.
10 Id.
11 Id.
12 FinCEN, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies, (May 9,
2019), https://www.fincen.gov/system/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf (last visited Dec.
1, 2025).
13 FinCEN, Notice on the Use of Convertible Virtual Currency Kiosks for Scam Payments and Other Illicit Activity, (Aug. 4, 2025),
https://www.fincen.gov/system/files/2025-08/FinCEN-Notice-CVCKIOSK.pdf (last visited Dec. 1, 2025).
14 FTC, Bitcoin ATMs: A payment portal for scammers, (“FTC Report”) (Sept. 3, 2024), https://www.ftc.gov/news-events/data-
visualizations/data-spotlight/2024/09/bitcoin-atms-payment-portal-scammers (last visited Dec. 1, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 505
To engage in a transaction, a customer enters the address of the virtual wallet that will receive the purchased
virtual currency.15 The address could be the customer’s own virtual wallet, or that of a third party.16 The wallet
address is usually embedded in a quick-response (QR) code, which is a barcode that can be scanned and read with
a kiosk camera.17 The customer then inserts cash or a debit or credit card into the machine to finalize the
transaction.18
As of December 2025, there are reportedly 37 operators and a total of 3,150 kiosks in Florida.19
According to the Office of Financial Regulation (OFR), the Federal Bureau of Investigation and Federal Trade
Commission have received Florida-based complaints involving virtual currency kiosk fraud, totaling well over $33
million in alleged victim losses between January 2020 and December 2025.20
State Regulation
The OFR is responsible for all activities of the Financial Services Commission relating to the regulation of banks,
credit unions, other financial institutions, finance companies, and the securities industry.21 The Division of
Consumer Finance within OFR licenses and regulates various aspects of the non-depository financial services
industries, including money services businesses.22
A money services business is, “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.”23 Money services businesses must be licensed with OFR.24
Payment instruments do not include virtual currency.25 However, money transmitters include those who for the
purpose of acting as an intermediary, receive or transmit virtual currency.26 Thus, the owner or operator of a
virtual currency kiosk may constitute a money services business if it acts as a money transmitter.
Florida does not have a separate regulatory regime for virtual currency kiosk businesses. If the kiosk only conducts
direct peer-to-peer transactions, meaning the owner or operator sells virtual currency from its own inventory
directly to customers without a third party, then the owner or operator does not require licensure.27 However, if
the kiosk acts as an intermediary, meaning it facilitates the transmission of funds from one party to a third party,
then the kiosk may act as a money transmitter, and thus the owner or operator would constitute a money services
business and would need a license from OFR.28
15 FinCEN, Notice on the Use of Convertible Virtual Currency Kiosks for Scam Payments and Other Illicit Activity, (Aug. 4, 2025),
https://www.fincen.gov/system/files/2025-08/FinCEN-Notice-CVCKIOSK.pdf (last visited Dec. 1, 2025).
16 Id.
17 Id.
18 Id.
19 Coin ATM Radar, Bitcoin ATMs in Florida, available at https://coinatmradar.com/state/10/bitcoin-atm-florida/ (last visited
Dec. 2, 2025).
20 Email from Jason Holloway, Director of Fintech Policy, Office of Financial Regulation, RE: HB 505 – Inquiry regarding virtual
currency kiosks (Dec. 2, 2025).
21 S. 20.121(3)(a)2., F.S.
22 Office of Financial Regulation, Division of Consumer Finance, https://flofr.gov/divisions-offices/division-of-consumer-
finance (last visited Dec. 2, 2025).
23 S. 560.103(23), F.S.
24 S. 560.125, F.S.
25 S. 560.103(29), F.S.
26 S. 560.103(24), F.S.
27 Florida Office of Financial Regulation, Biennial Report December 2024, p. 32, available at https://flofr.gov/docs/default-
source/documents/biennial-report-2024.pdf?sfvrsn=4030c57c_1 (last visited Dec. 2, 2025).
28 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 505
Federal Regulation
The Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Department of Treasury, is
responsible for safeguarding the financial system from illegal use, combatting money laundering and related
crimes, and promoting national security.29 Unless an exception applies, a money services business must register
with FinCEN.30 Under federal law, money services businesses include persons who provide money transmission
services.31 Money transmission involves the “acceptance of currency, funds, or other value that substitutes for
currency and the transmission of currency, funds, or other value that substitutes for currency to another location
or person by any means” or “any other person engaged in the transfer of funds.”32 According to OFR, virtual
currency kiosk businesses that are not required to register with OFR as a money services business would still need
to register with FinCEN.33
Virtual currency kiosks that engage in money transmission are considered money services businesses under the
Bank Secrecy Act which must comply with registration and reporting requirements.34 Notwithstanding these
requirements, limited information on virtual currency kiosks is collected, which has made it difficult for federal
agencies such as FinCEN to identify and track virtual currency kiosks.35 The United States Government
Accountability Office (GAO) reports that only 164 of the estimated 297 kiosk operators in the United States were
registered.36
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 18 Y, 0 N 12/9/2025 Brackett Highsmith
Subcommittee
Commerce Committee Hamon Highsmith
29 31 U.S.C. §. 310.
30 31 C.F.R. §. 1022.380(a).
31 31 C.F.R. §. 1010.100(ff)(5).
32 31 CFR §. 1010.100(ff)(5)(i)(A).
33 Email from Jason Holloway, Director of Fintech Policy, Office of Financial Regulation, RE: HB 505 – Inquiry regarding virtual
currency kiosks (Dec. 2, 2025).
34 FinCEN, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies, (May 9,
2019), https://www.fincen.gov/system/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf (last visited Dec.
1, 2025).
35 Id.
36 The GAO, Virtual Currencies Additional Information Could Improve Federal Agency Efforts to Counter Human and Drug
Trafficking [Reissued with Revisions Feb. 7, 2022], GAO-22-105462, Published: Dec. 8, 2021, Publicly Released: Jan. 10, 2022,
available at https://www.gao.gov/products/gao-22-105462 (last visited Dec. 1, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 505 2026
1 A bill to be entitled
2 An act relating to virtual currency kiosks; creating
3 s. 560.215, F.S.; defining terms; requiring an owner
4 or operator of a virtual currency kiosk to ensure that
5 a specified disclosure is displayed before a customer
6 initiates a virtual currency kiosk transaction;
7 prohibiting an owner or operator of a virtual currency
8 kiosk from permitting new and existing customers from
9 transacting more than a specified amount per calendar
10 day; requiring an owner or operator of a virtual
11 currency kiosk to provide a customer with a specified
12 electronic receipt upon completion of a virtual
13 currency transaction; requiring an owner or operator
14 of a virtual currency kiosk to issue a full refund
15 under certain circumstances; authorizing the Financial
16 Services Commission to adopt rules; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 560.215, Florida Statutes, is created
22 to read:
23 560.215 Requirements for virtual currency kiosks.—
24 (1) For the purpose of this section, the term:
25 (a) "Blockchain" means a mathematically secured,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 505 2026
26 chronological, decentralized, distributed, and digital ledger or
27 database that consists of records of transactions that cannot be
28 altered retroactively.
29 (b) "Existing customer" means a customer who has
30 transacted with the owner or operator of a virtual currency
31 kiosk for 7 or more days.
32 (c) "New customer" means a customer who has transacted
33 with the owner or operator of a virtual currency kiosk for fewer
34 than 7 days.
35 (d) "Transaction hash" means a unique identifier
36 consisting of a string of characters which provides a verifiable
37 record that a transaction has been confirmed and added to the
38 blockchain.
39 (e) "Virtual currency kiosk" means an electronic terminal
40 that acts as a mechanical agent of the owner or operator,
41 enabling the owner or operator to facilitate the exchange of
42 virtual currency for fiat currency or other virtual currency on
43 behalf of a customer.
44 (f) "Virtual currency kiosk transaction" means the process
45 in which a customer uses a virtual currency kiosk to exchange
46 virtual currency for fiat currency or other virtual currency. A
47 transaction begins at the point at which the customer is able to
48 initiate a transaction after the customer is given the option to
49 select the type of transaction or account and does not include
50 any of the screens that display the required terms and
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HB 505 2026
51 conditions, disclaimers, or attestations.
52 (g) "Wallet" means hardware or software that enables
53 customers to store and use virtual currency.
54 (2) Before a customer may initiate a virtual currency
55 kiosk transaction, the owner or operator of the virtual currency
56 kiosk must ensure that the virtual currency kiosk clearly and
57 conspicuously displays the following disclosure on the screen:
58
59 WARNING: CONSUMER FRAUD OFTEN STARTS WITH CONTACT FROM
60 A STRANGER. IF YOU HAVE BEEN DIRECTED TO THIS MACHINE
61 BY SOMEONE CLAIMING TO BE A GOVERNMENT AGENT, BILL
62 COLLECTOR, LAW ENFORCEMENT OFFICER, OR ANYONE YOU DO
63 NOT KNOW PERSONALLY, STOP THIS TRANSACTION IMMEDIATELY
64 AND CONTACT YOUR FINANCIAL ADVISOR OR LOCAL LAW
65 ENFORCEMENT.
66
67 (3) The owner or operator of a virtual currency kiosk may
68 not permit a new customer to transact more than $2,000 per
69 calendar day, whether through a single transaction or multiple
70 transactions. The owner or operator of a virtual currency kiosk
71 may not permit an existing customer to transact more than
72 $10,500 per calendar day, whether through a single transaction
73 or multiple transactions.
74 (4) Upon completion of a virtual currency transaction, the
75 owner or operator of a virtual currency kiosk must provide the
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HB 505 2026
76 customer with an electronic receipt that includes all of the
77 following:
78 (a) The name and contact information of the owner or
79 operator, including a toll-free telephone number.
80 (b) The date, time, value, and type of the transaction.
81 (c) The transaction hash and each wallet used.
82 (d) The total fee charged.
83 (e) The exchange rate, if applicable.
84 (f) A statement of the owner's or operator's liability, if
85 any, for nondelivery or delayed delivery of the currency.
86 (g) The refund policy of the owner or operator.
87 (5) The owner or operator of a virtual currency kiosk must
88 issue a full refund within 72 hours to a customer for the
89 customer's first virtual currency transaction if all of the
90 following conditions are met:
91 (a) The customer transferred virtual currency to a wallet
92 or exchange located outside the United States.
93 (b) Within 60 days, the customer contacts both the owner
94 or operator of the virtual currency kiosk and a law enforcement
95 or governmental agency regarding the fraudulent nature of the
96 transaction.
97 (c) The customer provides proof of fraud, such as a police
98 report or a notarized affidavit.
99 (6) The commission may adopt rules to administer this
100 section.
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HB 505 2026
101 Section 2. This act shall take effect January 1, 2027.
102
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COMMERCE COMMITTEE
HB 505 by Rep. Owen and Rep. Daley
Virtual Currency Kiosks
AMENDMENT SUMMARY
January 26, 2026
Amendment #476503 by Rep. Owen (strike-all):
• Provides that an owner or operator of a virtual currency kiosk is a money transmitter and
therefore must obtain a money transmitter license from the Office of Financial
Regulation.
• Exempts owners and operators of virtual currency kiosks from money transmitter license
application fees and license renewal fees if they are solely engaged in the business of
owning or operating virtual currency kiosks.
• Removes the provision requiring owners and operators of virtual currency kiosks to
refund the full amount of a customer’s first transaction, in the event that it was
fraudulent, and replaces it with a requirement for owners and operators to refund
transaction fees charged for all fraudulent transactions.
• Changes the effective date from January 1, 2027, to July 1, 2026.
Amendment #454065 to Amendment #476503 by Rep. McFarland (line 84):
• Requires owners or operators of virtual currency kiosks to provide customers with a
printed receipt in addition to the electronic receipt.
• Requires receipts to include an email address for the owner or operator of a virtual
currency kiosk as well as a website link.
• Lowers the transaction limits for new customers from $2,000 to $500 and for existing
customers from $10,500 to $1,000.
• Requires owners or operators of virtual currency kiosks to provide customers with a
refund of transaction fees or costs within 72 hours of being contacted by the customer,
provided that the customer contacts the owner or operator of the virtual currency kiosk
within 60 days after the transaction and provides a case or incident report number
issued by the Office of Financial Regulation, a law enforcement agency, or a
prosecutorial agency.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Owen offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Subsection (24) of section 560.103, Florida
7 Statutes, is amended to read:
8 560.103 Definitions.—As used in this chapter, the term:
9 (24) "Money transmitter" means a corporation, limited
10 liability company, limited liability partnership, or foreign
11 entity qualified to do business in this state which receives
12 currency, monetary value, a payment instrument, or virtual
13 currency for the purpose of acting as an intermediary to
14 transmit currency, monetary value, a payment instrument, or
15 virtual currency from one person to another location or person
16 by any means, including transmission by wire, facsimile,
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Page 1 of 7
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
17 electronic transfer, courier, the Internet, or through bill
18 payment services or other businesses that facilitate such
19 transfer within this country, or to or from this country. The
20 term includes: only
21 (a) An intermediary that has the ability to unilaterally
22 execute or indefinitely prevent a transaction.
23 (b) An owner or operator of a virtual currency kiosk, as
24 defined in s. 560.215(1), regardless of whether the owner or
25 operator of a virtual currency kiosk is acting in an
26 intermediary or peer-to-peer capacity.
27 Section 2. Subsection (4) is added to section 560.143,
28 Florida Statutes, to read:
29 560.143 Fees; exemptions.—
30 (4) EXEMPTIONS FROM FEES FOR OWNERS OR OPERATORS OF
31 VIRTUAL CURRENCY KIOSKS.—An owner or operator of a virtual
32 currency kiosk, as defined in s. 560.215(1), licensed as a money
33 transmitter is exempt from any license application fees or
34 license renewal fees required under this chapter if engaged
35 solely in the business of owner or operator of a virtual
36 currency kiosk.
37 Section 3. Section 560.215, Florida Statutes, is created
38 to read:
39 560.215 Requirements for virtual currency kiosks.—
40 (1) As used in this section, the term:
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Page 2 of 7
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
41 (a) "Blockchain" means a mathematically secured,
42 chronological, decentralized, distributed, and digital ledger or
43 database that consists of records of transactions that cannot be
44 altered retroactively.
45 (b) "Existing customer" means a customer who has
46 transacted with the owner or operator of a virtual currency
47 kiosk for 7 or more days.
48 (c) "New customer" means a customer who has transacted
49 with the owner or operator of a virtual currency kiosk for less
50 than 7 days.
51 (d) "Transaction hash" means a unique identifier
52 consisting of a string of characters which provides a verifiable
53 record that a transaction has been confirmed and added to the
54 blockchain.
55 (e) "Virtual currency kiosk" means an electronic terminal
56 that acts as a mechanical agent of the owner or operator,
57 enabling the owner or operator to facilitate the exchange of
58 virtual currency for fiat currency or other virtual currency on
59 behalf of a customer.
60 (f) "Virtual currency kiosk transaction" means the process
61 in which a customer uses a virtual currency kiosk to exchange
62 virtual currency for fiat currency or other virtual currency. A
63 transaction begins at the point at which the customer is able to
64 initiate a transaction after the customer is given the option to
65 select the type of transaction or account and does not include
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
66 any of the screens that display the required terms and
67 conditions, disclaimers, or attestations.
68 (g) "Wallet" means hardware or software that enables
69 customers to store and use virtual currency.
70 (2) Before a customer may initiate a virtual currency
71 kiosk transaction, the owner or operator of the virtual currency
72 kiosk must ensure that the virtual currency kiosk clearly and
73 conspicuously displays the following disclosure on the screen:
74
75 WARNING: CONSUMER FRAUD OFTEN STARTS WITH CONTACT FROM
76 A STRANGER. IF YOU HAVE BEEN DIRECTED TO THIS MACHINE
77 BY SOMEONE CLAIMING TO BE A GOVERNMENT AGENT, BILL
78 COLLECTOR, LAW ENFORCEMENT OFFICER, OR ANYONE YOU DO
79 NOT KNOW PERSONALLY, STOP THIS TRANSACTION IMMEDIATELY
80 AND CONTACT YOUR FINANCIAL ADVISOR OR LOCAL LAW
81 ENFORCEMENT.
82
83 (3) The owner or operator of a virtual currency kiosk may
84 not permit a new customer to transact more than $2,000 per
85 calendar day, whether through a single transaction or multiple
86 transactions. The owner or operator of a virtual currency kiosk
87 may not permit an existing customer to transact more than
88 $10,500 per calendar day, whether through a single transaction
89 or multiple transactions.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
90 (4) Upon completion of a virtual currency kiosk
91 transaction, the owner or operator of a virtual currency kiosk
92 must provide the customer with an electronic receipt that
93 includes all of the following:
94 (a) The name and contact information of the owner or
95 operator, including a toll-free telephone number.
96 (b) The date, time, value, and type of the transaction.
97 (c) The transaction hash and each wallet used.
98 (d) The total fee charged.
99 (e) The exchange rate, if applicable.
100 (f) A statement of the owner's or operator's liability, if
101 any, for nondelivery or delayed delivery of the currency.
102 (g) The refund policy of the owner or operator.
103 (5) Within 72 hours after a customer's request, the owner
104 or operator of a virtual currency kiosk must issue to the
105 customer a full refund of any transaction fees charged by the
106 owner or operator in connection with the customer's virtual
107 currency kiosk transaction if all of the following conditions
108 are met:
109 (a) Within 60 days after the virtual currency kiosk
110 transaction, the customer contacts both the owner or operator of
111 the virtual currency kiosk and a law enforcement or governmental
112 agency regarding the fraudulent nature of the transaction.
113 (b) The customer provides proof of fraud, such as a police
114 report or a notarized affidavit.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
115 (6) The commission may adopt rules to administer this
116 section.
117 Section 4. This act shall take effect July 1, 2026.
118
119 -----------------------------------------------------
120 T I T L E A M E N D M E N T
121 Remove everything before the enacting clause and insert:
122 A bill to be entitled
123 An act relating to virtual currency kiosks; amending
124 s. 560.103, F.S.; revising the definition of the term
125 "money transmitter" to include owners and operators of
126 virtual currency kiosks; amending s. 560.143, F.S.;
127 exempting owners and operators of virtual currency
128 kiosks from license application fees and license
129 renewal fees; creating s. 560.215, F.S.; defining
130 terms; requiring an owner or operator of a virtual
131 currency kiosk to ensure that a specified disclosure
132 is displayed before a customer initiates a virtual
133 currency kiosk transaction; prohibiting an owner or
134 operator of a virtual currency kiosk from permitting
135 new and existing customers to transact more than a
136 specified amount per calendar day; requiring an owner
137 or operator of a virtual currency kiosk to provide a
138 customer with a specified electronic receipt upon
139 completion of a virtual currency kiosk transaction;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
140 requiring an owner or operator of a virtual currency
141 kiosk to issue a full refund of transaction fees under
142 certain circumstances; authorizing the Financial
143 Services Commission to adopt rules; providing an
144 effective date.
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Page 7 of 7
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative McFarland offered the following:
3
4 Amendment to Amendment (476503) by Representative Owen
5 (with title amendment)
6 Remove lines 84-114 of the amendment and insert:
7 not permit a new customer to transact more than $500 per
8 calendar day, whether through a single transaction or multiple
9 transactions. The owner or operator of a virtual currency kiosk
10 may not permit an existing customer to transact more than $1,000
11 per calendar day, whether through a single transaction or
12 multiple transactions.
13 (4) Upon completion of a virtual currency kiosk
14 transaction, the owner or operator of a virtual currency kiosk
15 must provide the customer with an electronic and paper receipt
16 that includes all of the following:
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
17 (a) The name and contact information of the owner or
18 operator, including a toll-free telephone number and an email
19 address.
20 (b) The date, time, value, and type of the transaction.
21 (c) The transaction hash and each wallet used.
22 (d) The total fee charged.
23 (e) The exchange rate, if applicable.
24 (f) A statement of the owner's or operator's liability, if
25 any, for nondelivery or delayed delivery of the currency.
26 (g) The refund policy of the owner or operator.
27 (h) A website address where the customer can initiate a
28 refund request.
29 (5) The owner or operator of a virtual currency kiosk must
30 issue a full refund to the customer of any transaction fees or
31 costs within 72 hours of being contacted by the customer, as
32 long as the customer contacts the owner or operator of the
33 virtual currency kiosk within 60 days after the virtual currency
34 kiosk transaction and provides a case or incident report number
35 issued by a law enforcement agency, prosecutorial agency, or the
36 office.
37
38 -----------------------------------------------------
39 T I T L E A M E N D M E N T
40 Remove lines 138-141 of the amendment and insert:
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 505 (2026)
Amendment No.
41 customer with a specified electronic and paper receipt
42 upon completion of a virtual currency kiosk
43 transaction; requiring an owner or operator of a
44 virtual currency kiosk to issue a full refund of
45 transaction fees or costs under
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Page 3 of 3
HB 645
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 645 COMPANION BILL: SB 772 (Burgess)
TITLE: Limited Agent Licenses LINKED BILLS: None
SPONSOR(S): Smith RELATED BILLS: None
Committee References
Insurance & Banking Commerce
16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill expands the scope of limited agent licenses to include eyewear insurance, explicitly covering both smart
glasses and non-electronic eyewear. The bill also extends claims processing exemptions specifically for portable
electronic device insurance claims to eyewear insurance claims.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on the state and private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of practice for portable electronics insurance limited agent licenses by allowing such
limited agent licensees to sell eyewear insurance. (Section 1)
The bill defines “eyewear” to include “smart glasses” and “nonelectronic eyewear.” The bill also defines
“nonelectronic eyewear” to encompass “prescription and nonprescription eyeglasses and sunglasses.” (Section 1)
The bill includes limited agent license applicants for eyewear insurance in the current examination exemption for
limited agent applicants. The bill also includes such applicants in the current knowledge, experience, and
instruction exemption for limited agent applicants. As such, applicants for limited agent licenses for eyewear
insurance will not have to pass an exam or have prior knowledge, experience, or instruction as a condition for
licensure. (Section 2 and 3)
The bill expands claims processing exemptions for portable electronic device insurance claims to also include
eyewear insurance claims. (Section 4)
The bill provides an effective date of July 1, 2026. (Section 5)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
There may be an indeterminate fiscal impact on the Department of Financial Services associated with the
administration and regulation of limited agent licenses for eyewear insurance.
PRIVATE SECTOR:
The bill may have an indeterminate impact on the insurance marketplace by authorizing the offering of a new
insurance product recognized under state law.
STORAGE NAME: h0645b.COM
DATE: 1/23/2026
1
HB 645
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Limited Agent Licenses
Limited agent licenses are insurance licenses that allow an individual or business to sell, solicit, or service only
specific, limited classes of insurance, rather than the full range of insurance products. 1 The Department of Financial
Services currently issues limited agent licenses for the following insurance types: 2
• motor vehicle physical damage and mechanical breakdown;
• industrial fire or burglary;
• travel;
• motor vehicle rental;
• credit;
• crop hail and multiple-peril crop;
• in-transit and storage personal property;
• portable electronics; and
• preneed funeral agreement.
Applicants for limited agent licenses for portable electronics insurance, travel, motor vehicle rental, credit, or in-
transit and storage of personal property are not required to pass a written examination as a condition of licensure. 3
Additionally, applicants for these limited agent insurance licenses are not subject to knowledge, experience, or
instructional requirements as a condition of licensure. 4 Portable electronic insurance limited agent licensees are
also exempt from fingerprinting requirements. 5
Definition of Portable Electronic Devices
“Portable electronics” are defined as personal, self-contained, easily transportable, battery-operated electronic
devices used for communication, viewing, listening, recording, gaming, computing or global positioning. The term
includes, but is not limited to, cellular or satellite phones, pagers, personal global positioning units, portable
computers, portable audio -listening devices, video-viewing or recording equipment, digital cameras, video
camcorders, portable gaming systems, docking stations, automatic answering devices, and other similar devices
with their accessories and service related to the use of such devices. 6
Portable Electronics Insurance Limited Agent Licenses
Portable electronics insurance limited agent licenses authorize the sale, solicitation, and servicing of property or
inland marine insurance that specifically provides coverage for the loss, theft, mechanical failure, malfunction or
damage of portable electronic devices. 7
Licensure may only be issued to employees or authorized representatives of licensed general lines agents, 8 or the
lead business location of a retail vendor who sells portable electronics insurance and has a contract with a general
lines agent. 9
1S. 626.321(1), F.S.
2S. 626.321, F.S.
3S. 626.221(2)(b), F.S.
4S. 626.732(7), F.S.
5Id.
6S. 626.321(1)(h), F.S.
7Id.
8 “General lines agent” means an agent authorized to transact any one or more of the following insurances: property, casualty,
surety, health, or marine. See S. 626.311(7), F.S. They also may sell portable electronics insurance at licensed agency locations
without a separate license. S. 626.321(1)(h), F.S.
9S. 626.321(1)(h), F.S.
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2
HB 645
Employees and authorized representatives of licensed vendors may sell or offer portable electronics insurance
without obtaining individual insurance agent licenses, provided that sales occur at licensed locations or properly
appointed branch locations. 10
Sales must be directly supervised by the issuing insurer or by a general lines agent appointed by the insurer.
Additionally, the issuing insurer or appointed general lines agent must provide oversight of the training program
for individuals engaged in soliciting insurance products. 11
Individuals who are not licensed may not receive commissions based on insurance products sales. However,
licensees may incorporate incidental compensations for insurance product sales into a broader employee
compensation structure that also includes salary or wages and compensation for noninsurance product sales. 12
At each point of sale, the licensee is required to make written consumer disclosures available to all prospective
clients, which may also describe related service warranties or incidental benefits. 13 Written, mandatory disclosures
to consumers must: 14
• notify that coverage may duplicate insurance under homeowners, renters, or other polices;
• clarify that insurance coverage is not a condition of purchasing or leasing a portable electronic or related
service;
• summarize policy terms, including the insurer, deductibles, key coverage benefits and trigger;
• provide an outline of the claims process, including any requirements or associated fees; and
• provide a statement of the consumer’s right to cancel coverage at any time with a refund of unearned
premium. 15
Licensees are authorized to bill and collect premiums. When insurance coverage is included with the purchase or
lease of portable electronic devices, the licensee must clearly disclose that coverage is included and separately
disclose the stand-alone premium cost. When coverage is optional, the premium must be separately itemized at
sale. Collected premiums must be tracked, remitted to the insurer or supervising entity within 60 days, and treated
as trust funded held for the insurer. Licensees may be compensated for billing and collection activities. 16
Portable Electronics Insurance Claims Processing Exemptions
Generally, individuals need a license to handle insurance claims. However, individuals processing portable
electronics insurance claims do not need an individual license if they only collect or enter claims information, work
for a licensed insurance business, or are supervised by a licensed insurance adjuster 17or agent. No more than 25
unlicensed individuals can be supervised by any one licensed adjuster or agent. 18 A Canadian resident cannot
obtain a Florida nonresident adjuster license to handle portable electronics claims unless they have already
obtained an adjuster’s license in another U.S. state. 19
10 “Branch location” means any physical location in Florida at which a licensee offers its products or services for sale. A
location may be authorized to transact insurance under the associated lead business location licensee. A portable electronics
insurance limited agent license is required if the location is not otherwise licensed to transact insurance. S. 626.321(1)(h), F.S.
11 S. 626.321(1)(h), F.S.
12 Id.
13 Id.
14 Id.
15 Policy terms provide the framework for coverage modification or termination. Required notices and correspondences can
be delivered electronically if proof of transmission is maintained and customers are informed that providing an email address
constitutes consent to electronic delivery. S. 626.321(1)(h), F.S.
16 S. 626.321(1)(h), F.S.
17 “Adjuster” means a public adjuster defined in s. 626.854, F.S. or an all-lines adjuster as defined in s. 626.8548, F.S..
S. 626.015(2), F.S.
18 S. 626.8685(1), F.S.
19 S. 626.8685(2), F.S.
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3
HB 645
Unlicensed individuals can use an automated claims adjudication system 20 for portable electronic claims, given that
system is only used by licensed or supervised individuals, compliant with all Florida insurance code claim payment
requirements, and certified as compliant by a licensed adjuster who is an officer of the business entity. 21
Eyewear Insurance vs. Current Insurance Marketplace Options
There is currently no statutory or regulatory framework establishing “eyewear insurance” as a licensed insurance
product in Florida. 22 Products marketed as such are limited warranties or protection plans provided by the retailer
or manufacturer to cover defects or accidental damage under contract terms. 23 As such, products do not have the
regulatory status, obligations, or consumer protections of true insurance products.
Vision insurance is designed to cover routine eye care exams and corrective eyewear. 24 While coverage can vary by
plan, most plans include coverage for routine eye exams, allowances for eyeglass frames and/or prescription
lenses every 1-2 years, and allowances for contact lenses. Vision insurance typically excludes eligibility for non-
prescriptive eyeglasses, contact lenses, sunglasses, and reading glasses. 25
Smart Glasses
Early research in wearable computing and optics took place in the early 1990s, with researchers developing head-
mounted devices that are largely credited to be the foundational work for smart glasses. The first widely
recognized smart glasses were released in 2013 as wearable tech with a heads-up display, voice control, and
camera. 26
The following years have led to the development of prescriptive and nonprescriptive eyewear that can enable
augmented reality overlays, calls, video conferencing, and sending/receiving messages through microphones,
speakers, and Bluetooth or Wi-fi, photo and video capture through high resolution cameras, real-time digital
streaming, voice recognition controls, and AI assistance, among other features. 27
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 16 Y, 0 N 1/14/2026 Brackett Veigle
Subcommittee
Commerce Committee Hamon Veigle
20 “Automated claims adjudication system” means a preprogrammed computer system designed to fully, electronically resolve
claims. See s. 626.8685(1), F.S.
21 S. 626.8685(1), F.S.
22 See Ch. 626, F.S.
23 See Ch. 501, F.S.
24 Dawson, C., Medical Insurance vs. Vision Insurance, St. Lucie Eye, (September 25, 2024),
https://www.stlucieeye.com/medical-insurance-vs-vision-insurance/ (last visited January 7, 2026).
25 Peralta, S., Vision Insurance: A guide to plans, costs, and benefits. All About Vision, (September 9, 2025),
https://www.allaboutvision.com/vision-insurance/coverage-benefits/what-is-vision-insurance (last visited January 7, 2026).
26 Kelley, S., The Future of Wearables: What Are Smart Glasses? All About Vision, (November 11, 2025),
https://www.allaboutvision.com/eyewear/specialty/smart-glasses/ (last visited January 7, 2026).
27 Sotech, What Do Smart Glasses Actually Do? (August 14, 2025), https://www.sotech-vision.com/What-Do-Smart-Glasses-
Actually-Do-id49482696.html? (last visited January 7, 2026).
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 645 2026
1 A bill to be entitled
2 An act relating to limited agent licenses; amending s.
3 626.321, F.S.; renaming "portable electronics
4 insurance" as "portable electronics and eyewear
5 insurance" to include eyewear for purposes of
6 insurance coverages and licenses; defining the term
7 "eyewear"; removing the obsolete definition of the
8 term "portable electronics transaction"; amending ss.
9 626.221, 626.732, and 626.8685, F.S.; conforming
10 provisions to changes made by the act; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (h) of subsection (1) and subsection
16 (4) of section 626.321, Florida Statutes, are amended to read:
17 626.321 Limited licenses and registration.—
18 (1) The department shall issue to a qualified applicant a
19 license as agent authorized to transact a limited class of
20 business in any of the following categories of limited lines
21 insurance:
22 (h) Portable electronics and eyewear insurance.—License
23 for property insurance or inland marine insurance that covers
24 only loss, theft, mechanical failure, malfunction, or damage for
25 portable electronics and eyewear.
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26 1. The license may be issued only to:
27 a. Employees or authorized representatives of a licensed
28 general lines agent; or
29 b. The lead business location of a retail vendor that
30 sells portable electronics and eyewear insurance. The lead
31 business location must have a contractual relationship with a
32 general lines agent.
33 2. Employees or authorized representatives of a licensee
34 under subparagraph 1. may sell or offer for sale portable
35 electronics and eyewear coverage without being subject to
36 licensure as an insurance agent if:
37 a. Such insurance is sold or offered for sale at a
38 licensed location or at one of the licensee's branch locations
39 if the branch location is appointed by the licensed lead
40 business location or its appointing insurers;
41 b. The insurer issuing the insurance directly supervises
42 or appoints a general lines agent to supervise the sale of such
43 insurance, including the development of a training program for
44 the employees and authorized representatives of vendors that are
45 directly engaged in the activity of selling or offering the
46 insurance; and
47 c. At each location where the insurance is offered,
48 brochures or other written materials that provide the
49 information required by this subparagraph are made available to
50 all prospective customers. The brochures or written materials
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51 may include information regarding portable electronics and
52 eyewear insurance, service warranty agreements, or other
53 incidental services or benefits offered by a licensee.
54 3. Individuals not licensed to sell portable electronics
55 and eyewear insurance may not be paid commissions based on the
56 sale of such coverage. However, a licensee who uses a
57 compensation plan for employees and authorized representatives
58 which includes supplemental compensation for the sale of
59 noninsurance products, in addition to a regular salary or hourly
60 wages, may include incidental compensation for the sale of
61 portable electronics and eyewear insurance as a component of the
62 overall compensation plan.
63 4. Brochures or other written materials related to
64 portable electronics and eyewear insurance must:
65 a. Disclose that such insurance may duplicate coverage
66 already provided by a customer's homeowners insurance policy,
67 renters insurance policy, or other source of coverage;
68 b. State that enrollment in insurance coverage is not
69 required in order to purchase or lease portable electronics and
70 eyewear or services;
71 c. Summarize the material terms of the insurance coverage,
72 including the identity of the insurer, the identity of the
73 supervising entity, the amount of any applicable deductible and
74 how it is to be paid, the benefits of coverage, and key terms
75 and conditions of coverage, such as whether portable electronics
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76 and eyewear may be repaired or replaced with similar make and
77 model reconditioned or nonoriginal manufacturer parts or
78 equipment;
79 d. Summarize the process for filing a claim, including a
80 description of how to return portable electronics and eyewear
81 and the maximum fee applicable if the customer fails to comply
82 with equipment return requirements; and
83 e. State that an enrolled customer may cancel coverage at
84 any time and that the person paying the premium will receive a
85 refund of any unearned premium.
86 5. A licensed and appointed general lines agent is not
87 required to obtain a portable electronics and eyewear insurance
88 license to offer or sell portable electronics and eyewear
89 insurance at locations already licensed as an insurance agency,
90 but may apply for a portable electronics and eyewear insurance
91 license for branch locations not otherwise licensed to sell
92 insurance.
93 6. A portable electronics and eyewear license authorizes
94 the sale of individual policies or certificates under a group or
95 master insurance policy. The license also authorizes the sale of
96 service warranty agreements covering only portable electronics
97 and eyewear to the same extent as if licensed under s. 634.419
98 or s. 634.420.
99 7. A licensee may bill and collect the premium for the
100 purchase of portable electronics and eyewear insurance provided
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101 that:
102 a. If the insurance is included with the purchase or lease
103 of portable electronics or eyewear or related services, the
104 licensee clearly and conspicuously discloses that insurance
105 coverage is included with the purchase. Disclosure of the stand-
106 alone cost of the premium for same or similar insurance must be
107 made on the customer's bill and in any marketing materials made
108 available at the point of sale. If the insurance is not
109 included, the charge to the customer for the insurance must be
110 separately itemized on the customer's bill.
111 b. Premiums are incidental to other fees collected, are
112 maintained in a manner that is readily identifiable, and are
113 accounted for and remitted to the insurer or supervising entity
114 within 60 days of receipt. Licensees are not required to
115 maintain such funds in a segregated account.
116 c. All funds received by a licensee from an enrolled
117 customer for the sale of the insurance are considered funds held
118 in trust by the licensee in a fiduciary capacity for the benefit
119 of the insurer. Licensees may receive compensation for billing
120 and collection services.
121 8. Notwithstanding any other provision of law, the terms
122 for the termination or modification of coverage under a policy
123 of portable electronics and eyewear insurance are those set
124 forth in the policy.
125 9. Notice or correspondence required by the policy, or
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126 otherwise required by law, may be provided by electronic means
127 if the insurer or licensee maintains proof that the notice or
128 correspondence was sent. Such notice or correspondence may be
129 sent on behalf of the insurer or licensee by the general lines
130 agent appointed by the insurer to supervise the administration
131 of the program. For purposes of this subparagraph, an enrolled
132 customer's provision of an electronic mail address to the
133 insurer or licensee is deemed to be consent to receive notices
134 and correspondence by electronic means if a conspicuously
135 located disclosure is provided to the customer indicating the
136 same.
137 10. The fingerprinting requirements in s. 626.171(4) do
138 not apply to licenses issued to qualified entities under this
139 paragraph.
140 11. A branch location that sells portable electronics and
141 eyewear insurance may, in lieu of obtaining an appointment from
142 an insurer or warranty association, obtain a single appointment
143 from the associated lead business location licensee and pay the
144 prescribed appointment fee under s. 624.501 if the lead business
145 location has a single appointment from each insurer or warranty
146 association represented and such appointment applies to the lead
147 business location and all of its branch locations. Branch
148 location appointments shall be renewed 24 months after the
149 initial appointment date of the lead business location and every
150 24 months thereafter. Notwithstanding s. 624.501, the renewal
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151 fee applicable to such branch location appointments is $30 per
152 appointment.
153 12. For purposes of this paragraph:
154 a. "Branch location" means any physical location in this
155 state at which a licensee offers its products or services for
156 sale.
157 b. "Eyewear" means smart glasses and nonelectronic
158 eyewear. As used in this sub-subparagraph, the term
159 "nonelectronic eyewear" includes prescription and
160 nonprescription eyeglasses and sunglasses.
161 c.b. "Portable electronics" means personal, self-
162 contained, easily carried by an individual, battery-operated
163 electronic communication, viewing, listening, recording, gaming,
164 computing or global positioning devices, including cell or
165 satellite phones, pagers, personal global positioning satellite
166 units, portable computers, portable audio listening, video
167 viewing or recording devices, digital cameras, video camcorders,
168 portable gaming systems, docking stations, automatic answering
169 devices, and other similar devices and their accessories, and
170 service related to the use of such devices.
171 c. "Portable electronics transaction" means the sale or
172 lease of portable electronics or a related service, including
173 portable electronics insurance.
174 (4) Except as otherwise expressly provided, a person
175 applying for or holding a limited license is subject to the same
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176 applicable requirements and responsibilities that apply to
177 general lines agents in general if licensed as to motor vehicle
178 physical damage and mechanical breakdown insurance, industrial
179 fire insurance or burglary insurance, motor vehicle rental
180 insurance, credit insurance, crop hail and multiple-peril crop
181 insurance, in-transit and storage personal property insurance,
182 or portable electronics and eyewear insurance; or as apply to
183 life agents or health agents in general, as applicable, if
184 licensed as to travel insurance.
185 Section 2. Paragraph (b) of subsection (2) of section
186 626.221, Florida Statutes, is amended to read:
187 626.221 Examination requirement; exemptions.—
188 (2) However, an examination is not necessary for any of
189 the following:
190 (b) An applicant for a limited license as agent for travel
191 insurance, motor vehicle rental insurance, credit insurance, in-
192 transit and storage personal property insurance, or portable
193 electronics and eyewear insurance under s. 626.321.
194 Section 3. Subsection (7) of section 626.732, Florida
195 Statutes, is amended to read:
196 626.732 Requirement as to knowledge, experience, or
197 instruction.—
198 (7) This section does not apply to an individual holding
199 only a limited license for travel insurance, motor vehicle
200 rental insurance, credit insurance, in-transit and storage
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201 personal property insurance, or portable electronics and eyewear
202 insurance.
203 Section 4. Section 626.8685, Florida Statutes, is amended
204 to read:
205 626.8685 Portable electronics and eyewear insurance
206 claims; exemption; licensure restriction.—
207 (1) This part does not apply to any individual who
208 collects claims information from, or furnishes claims
209 information to, insureds or claimants, and who conducts data
210 entry, including entering data into an automated claims
211 adjudication system, provided that the individual is an employee
212 of a business entity licensed under this chapter, or its
213 affiliate, and no more than 25 such persons are under the
214 supervision of one licensed independent adjuster or licensed
215 agent who is exempt from licensure pursuant to s. 626.862. For
216 purposes of this subsection, the term "automated claims
217 adjudication system" means a preprogrammed computer system
218 designed for the collection, data entry, calculation, and final
219 resolution of portable electronics and eyewear insurance claims
220 that:
221 (a) May be used only by a licensed independent adjuster,
222 licensed agent, or supervised individual operating pursuant to
223 this subsection;
224 (b) Must comply with all claims payment requirements of
225 the insurance code; and
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226 (c) Must be certified as compliant with this subsection by
227 a licensed independent adjuster that is an officer of a licensed
228 business entity under this chapter.
229 (2) Notwithstanding any other provision of law, a resident
230 of Canada may not be licensed as a nonresident independent
231 adjuster for purposes of adjusting portable electronics
232 insurance and eyewear claims unless the person has successfully
233 obtained an adjuster's license in another state.
234 Section 5. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
HB 645 by Rep. Smith
Limited Agent Licenses
AMENDMENT SUMMARY
January 27, 2026
Amendment 594875 by Rep. Smith (strike-all):
• Broadens the definition of “portable electronics” to include devices powered by energy
sources other than batteries, and include devices capable of health and activity
monitoring and navigation.
• Clarifies that portable electronic or eyewear insurance licensees may sell coverage for
portable electronics and eyewear insurance, but are not required to sell both coverages.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Smith offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraph (h) of subsection (1) and subsection
7 (4) of section 626.321, Florida Statutes, are amended to read:
8 626.321 Limited licenses and registration.—
9 (1) The department shall issue to a qualified applicant a
10 license as agent authorized to transact a limited class of
11 business in any of the following categories of limited lines
12 insurance:
13 (h) Portable electronics or eyewear insurance.—License for
14 property insurance or inland marine insurance that covers only
15 loss, theft, mechanical failure, malfunction, or damage for
16 portable electronics or eyewear. Such license allows a licensee
594875 - h0645_strike.docx
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
17 to sell or offer for sale coverage for both portable electronics
18 and eyewear, but does not require a licensee to sell or offer
19 for sale both types of coverages.
20 1. The license may be issued only to:
21 a. Employees or authorized representatives of a licensed
22 general lines agent; or
23 b. The lead business location of a retail vendor that sells
24 portable electronics or eyewear insurance. The lead business
25 location must have a contractual relationship with a general
26 lines agent.
27 2. Employees or authorized representatives of a licensee
28 under subparagraph 1. may sell or offer for sale portable
29 electronics or eyewear coverage without being subject to
30 licensure as an insurance agent if:
31 a. Such insurance is sold or offered for sale at a licensed
32 location or at one of the licensee’s branch locations if the
33 branch location is appointed by the licensed lead business
34 location or its appointing insurers;
35 b. The insurer issuing the insurance directly supervises or
36 appoints a general lines agent to supervise the sale of such
37 insurance, including the development of a training program for
38 the employees and authorized representatives of vendors that are
39 directly engaged in the activity of selling or offering the
40 insurance; and
41 c. At each location where the insurance is offered,
42 brochures or other written materials that provide the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
43 information required by this subparagraph are made available to
44 all prospective customers. The brochures or written materials
45 may include information regarding portable electronics or
46 eyewear insurance, service warranty agreements, or other
47 incidental services or benefits offered by a licensee.
48 3. Individuals not licensed to sell portable electronics or
49 eyewear insurance may not be paid commissions based on the sale
50 of such coverage. However, a licensee who uses a compensation
51 plan for employees and authorized representatives which includes
52 supplemental compensation for the sale of noninsurance products,
53 in addition to a regular salary or hourly wages, may include
54 incidental compensation for the sale of portable electronics or
55 eyewear insurance as a component of the overall compensation
56 plan.
57 4. Brochures or other written materials related to portable
58 electronics or eyewear insurance must:
59 a. Disclose that such insurance may duplicate coverage
60 already provided by a customer’s homeowners insurance policy,
61 renters insurance policy, or other source of coverage;
62 b. State that enrollment in insurance coverage is not
63 required in order to purchase or lease portable electronics or
64 eyewear or services;
65 c. Summarize the material terms of the insurance coverage,
66 including the identity of the insurer, the identity of the
67 supervising entity, the amount of any applicable deductible and
68 how it is to be paid, the benefits of coverage, and key terms
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
69 and conditions of coverage, such as whether portable electronics
70 or eyewear may be repaired or replaced with similar make and
71 model reconditioned or nonoriginal manufacturer parts or
72 equipment;
73 d. Summarize the process for filing a claim, including a
74 description of how to return portable electronics or eyewear and
75 the maximum fee applicable if the customer fails to comply with
76 equipment return requirements; and
77 e. State that an enrolled customer may cancel coverage at
78 any time and that the person paying the premium will receive a
79 refund of any unearned premium.
80 5. A licensed and appointed general lines agent is not
81 required to obtain a portable electronics and eyewear insurance
82 license to offer or sell portable electronics or eyewear
83 insurance at locations already licensed as an insurance agency,
84 but may apply for a portable electronics and eyewear insurance
85 license for branch locations not otherwise licensed to sell
86 insurance.
87 6. A portable electronics and eyewear insurance license
88 authorizes the sale of individual policies or certificates under
89 a group or master insurance policy. The license also authorizes
90 the sale of service warranty agreements covering only portable
91 electronics or eyewear to the same extent as if licensed under
92 s. 634.419 or s. 634.420.
93 7. A licensee may bill and collect the premium for the
94 purchase of portable electronics or eyewear insurance provided
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
95 that:
96 a. If the insurance is included with the purchase or lease
97 of portable electronics or eyewear or related services, the
98 licensee clearly and conspicuously discloses that insurance
99 coverage is included with the purchase. Disclosure of the stand-
100 alone cost of the premium for same or similar insurance must be
101 made on the customer’s bill and in any marketing materials made
102 available at the point of sale. If the insurance is not
103 included, the charge to the customer for the insurance must be
104 separately itemized on the customer’s bill.
105 b. Premiums are incidental to other fees collected, are
106 maintained in a manner that is readily identifiable, and are
107 accounted for and remitted to the insurer or supervising entity
108 within 60 days of receipt. Licensees are not required to
109 maintain such funds in a segregated account.
110 c. All funds received by a licensee from an enrolled
111 customer for the sale of the insurance are considered funds held
112 in trust by the licensee in a fiduciary capacity for the benefit
113 of the insurer. Licensees may receive compensation for billing
114 and collection services.
115 8. Notwithstanding any other provision of law, the terms
116 for the termination or modification of coverage under a policy
117 of portable electronics or eyewear insurance are those set forth
118 in the policy.
119 9. Notice or correspondence required by the policy, or
120 otherwise required by law, may be provided by electronic means
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
121 if the insurer or licensee maintains proof that the notice or
122 correspondence was sent. Such notice or correspondence may be
123 sent on behalf of the insurer or licensee by the general lines
124 agent appointed by the insurer to supervise the administration
125 of the program. For purposes of this subparagraph, an enrolled
126 customer’s provision of an electronic mail address to the
127 insurer or licensee is deemed to be consent to receive notices
128 and correspondence by electronic means if a conspicuously
129 located disclosure is provided to the customer indicating the
130 same.
131 10. The fingerprinting requirements in s. 626.171(4) do not
132 apply to licenses issued to qualified entities under this
133 paragraph.
134 11. A branch location that sells portable electronics or
135 eyewear insurance may, in lieu of obtaining an appointment from
136 an insurer or warranty association, obtain a single appointment
137 from the associated lead business location licensee and pay the
138 prescribed appointment fee under s. 624.501 if the lead business
139 location has a single appointment from each insurer or warranty
140 association represented and such appointment applies to the lead
141 business location and all of its branch locations. Branch
142 location appointments shall be renewed 24 months after the
143 initial appointment date of the lead business location and every
144 24 months thereafter. Notwithstanding s. 624.501, the renewal
145 fee applicable to such branch location appointments is $30 per
146 appointment.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
147 12. For purposes of this paragraph:
148 a. “Branch location” means any physical location in this
149 state at which a licensee offers its products or services for
150 sale.
151 b. “Eyewear” means smart glasses and nonelectronic eyewear.
152 As used in this sub-subparagraph, the term “nonelectronic
153 eyewear” includes prescription and nonprescription eyeglasses
154 and sunglasses.
155 c.b. “Portable electronics” means equipment that is
156 personal, self-contained, easily carried, by an individual; has
157 electrical, digital, magnetic, wireless, electromagnetic, or
158 similar capabilities; and operates using batteries, rechargeable
159 power sources, or other energy sources. The term includes
160 equipment used for communication, data processing, viewing,
161 listening, recording, gaming, computing, navigation, household,
162 health or activity monitoring, or similar uses and may also
163 incorporate features responsive to user input or environmental
164 conditions personal, self-contained, easily carried by an
165 individual, battery-operated electronic communication, viewing,
166 listening, recording, gaming, computing or global positioning
167 devices, including cell or satellite phones, pagers, personal
168 global positioning satellite units, portable computers, portable
169 audio listening, video viewing or recording devices, digital
170 cameras, video camcorders, portable gaming systems, docking
171 stations, automatic answering devices, and other similar devices
172 and their accessories, and service related to the use of such
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
173 devices.
174 c. “Portable electronics transaction” means the sale or
175 lease of portable electronics or a related service, including
176 portable electronics insurance.
177 (4) Except as otherwise expressly provided, a person
178 applying for or holding a limited license is subject to the same
179 applicable requirements and responsibilities that apply to
180 general lines agents in general if licensed as to motor vehicle
181 physical damage and mechanical breakdown insurance, industrial
182 fire insurance or burglary insurance, motor vehicle rental
183 insurance, credit insurance, crop hail and multiple-peril crop
184 insurance, in-transit and storage personal property insurance,
185 or portable electronics or eyewear insurance; or as apply to
186 life agents or health agents in general, as applicable, if
187 licensed as to travel insurance.
188 Section 2. Paragraph (b) of subsection (2) of section
189 626.221, Florida Statutes, is amended to read:
190 626.221 Examination requirement; exemptions.—
191 (2) However, an examination is not necessary for any of the
192 following:
193 (b) An applicant for a limited license as agent for travel
194 insurance, motor vehicle rental insurance, credit insurance, in-
195 transit and storage personal property insurance, or portable
196 electronics or eyewear insurance under s. 626.321.
197 Section 3. Subsection (7) of section 626.732, Florida
198 Statutes, is amended to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
199 626.732 Requirement as to knowledge, experience, or
200 instruction.—
201 (7) This section does not apply to an individual holding
202 only a limited license for travel insurance, motor vehicle
203 rental insurance, credit insurance, in-transit and storage
204 personal property insurance, or portable electronics or eyewear
205 insurance.
206 Section 4. Section 626.8685, Florida Statutes, is amended
207 to read:
208 626.8685 Portable electronics or eyewear insurance claims;
209 exemption; licensure restriction.—
210 (1) This part does not apply to any individual who collects
211 claims information from, or furnishes claims information to,
212 insureds or claimants, and who conducts data entry, including
213 entering data into an automated claims adjudication system,
214 provided that the individual is an employee of a business entity
215 licensed under this chapter, or its affiliate, and no more than
216 25 such persons are under the supervision of one licensed
217 independent adjuster or licensed agent who is exempt from
218 licensure pursuant to s. 626.862. For purposes of this
219 subsection, the term “automated claims adjudication system”
220 means a preprogrammed computer system designed for the
221 collection, data entry, calculation, and final resolution of
222 portable electronics or eyewear insurance claims that:
223 (a) May be used only by a licensed independent adjuster,
224 licensed agent, or supervised individual operating pursuant to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
225 this subsection;
226 (b) Must comply with all claims payment requirements of the
227 insurance code; and
228 (c) Must be certified as compliant with this subsection by
229 a licensed independent adjuster that is an officer of a licensed
230 business entity under this chapter.
231 (2) Notwithstanding any other provision of law, a resident
232 of Canada may not be licensed as a nonresident independent
233 adjuster for purposes of adjusting portable electronics
234 insurance or eyewear claims unless the person has successfully
235 obtained an adjuster’s license in another state.
236 Section 5. This act shall take effect July 1, 2026.
237 -----------------------------------------------------
238 T I T L E A M E N D M E N T
239 Remove everything before the enacting clause and insert:
240 A bill to be entitled
241 An act relating to limited agent licenses; amending s.
242 626.321, F.S.; renaming “portable electronics
243 insurance” as “portable electronics or eyewear
244 insurance” to include eyewear for purposes of
245 insurance coverage and licenses; providing
246 construction; defining the term “eyewear”; revising
247 the definition of the term “portable electronics”;
248 deleting the obsolete definition of the term “portable
249 electronics transaction”; amending ss. 626.221,
250 626.732, and 626.8685, F.S.; conforming provisions to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 645 (2026)
Amendment No.
251 changes made by the act; providing an effective date.
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HB 1399
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1399 COMPANION BILL: None
TITLE: Property Insurance Affiliates LINKED BILLS: None
SPONSOR(S): Berfield RELATED BILLS: None
Committee References
Insurance & Banking Commerce
17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill increases regulatory oversight of financial transactions between property insurers and their affiliates.
Specifically, the bill requires:
• Property insurers to submit documentation to the Office of Insurance Regulation (OIR) demonstrating that
all payments to affiliates are fair and reasonable. The bill also provides factors for OIR to determine
whether those transactions are fair and reasonable.
• OIR to review and approve dividends and pledges of capitals or assets from property insurers to their
affiliates.
• All agreements between property insurers and their affiliates to include a termination clause and provides
that they may not exceed three years without review and reapproval by OIR.
• Property insurers to notify OIR at least 30 days before pledging capital or assets to an affiliate, and OIR may
prohibit those arrangements if not in the insurer’s best interest.
• Affiliates of property insurers to register with OIR before doing business in the state.
The bill gives OIR the authority to:
• Require affiliates to refund improper transfers back to property insurers.
• Consider transactions between property insurers and affiliates as part of the rate review process.
• Impose penalties for violations of the bill.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government and the private sector.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Affiliate Transactions
The bill creates a framework for the oversight of affiliates and their transactions with property insurers. (Section
1).
The bill defines the term “affiliate” as an entity that engages in the business of insurance that controls or is
controlled by an insurer through ownership of voting securities, shared management, or participation in
management. The definition also explicitly includes attorneys in fact and managing general agents (MGAs).
(Sections 1, 2, and 3).
STORAGE NAME: h1399b.COM
DATE: 1/23/2026
1
HB 1399
The bill requires property insurers to submit documentation to the Office of Insurance Regulation (OIR)
demonstrating that all fees, commissions, or payments to affiliates are fair and reasonable. OIR must evaluate
whether the transactions are fair and reasonable based on the following factors:
• the actual cost of each service being provided by the affiliate;
• the relative financial condition of the property insurer and the affiliate;
• the level of debt and how the debt is serviced;
• the amount of the dividends paid by the property insurer and the affiliate and for what purpose;
• whether the terms of the written contract benefit the property insurer and are in the best interest of the
policyholders or subscribers; and
• any other information the office reasonably requires in making the determination. (Section 1).
The bill requires all contracts between property insurers and their affiliates to include a termination clause that
automatically ends the contract after three years. The contract may be extended, subject to approval by OIR.
(Section 1).
The bill grants OIR the authority to restrict fund transfers from all or specific property insurers to affiliates during
a declared state of emergency. Any order restricting transfer of funds between property insurers and their
affiliates may not exceed 60 days, but may be extended by OIR. (Section 1).
The bill provides that property insurers may not issue dividends to their affiliates without prior approval by OIR.
Dividends must be fair and reasonable, and they may not be made for the purpose of manipulating the property
insurer’s financial position. Additionally, a property insurer may only issue dividends if it is solvent. (Section 2).
The bill requires property insurers to provide notice to OIR at least 30 days before a pledge of capital or assets to
an affiliate for a loan or financial obligation. The bill grants OIR the authority to reject the pledge if not in the best
interest of the financial condition of the property insurer. (Section 2).
Registration
The bill creates a registration process for property insurance affiliates. Before transacting the business of
insurance in the state, an affiliate of a property insurer must register with OIR. As part of the application for
registration, the affiliate must submit the following information and documents to OIR:
• a statement of duties the affiliate is expected to perform on behalf of the property insurer, and the lines of
insurance for which the applicant is to be authorized to act;
• all basic organizational documents of the affiliate;
• the names, addresses, official positions, and professional qualifications of the individuals employed or
retained by the affiliate who are responsible for managing the affairs of the property insurer;
• an independent background report detailing the involvement of the individuals employed or retained by
the affiliate who are responsible for managing the affairs of the property insurer;
• a self-disclosure of any administrative, civil, or criminal complaints related to the insurance laws of any
state. (Section 3).
Affiliates must renew the registration annually. OIR may not charge a fee for the registration or the renewal of the
registration. (Section 3).
The bill provides grounds for denial of a registration, as well as revocation, suspension, or nonrenewal of a
registration, as well as the imposition of fines of up to $10,000. These grounds include:
• any cause for which OIR would have denied the application for registration if the office had known about it;
• violation of any provision of the Florida Insurance Code;
• using the affiliate registration to circumvent any of the requirements or prohibitions of the Florida
Insurance Code;
• any of the individuals who are responsible for managing the affairs of the affiliate being found guilty or
pleading nolo contendere to a felony in this state or any other state relating to the business of insurance;
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2
HB 1399
• knowingly employing an individual in a managerial capacity or in a capacity dealing with the public who is
under an order of revocation by either OIR or the Department of Financial Services (DFS);
• engaging in unfair methods of competition or in unfair or deceptive acts or practices while conducting
business under the affiliate registration;
• knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or in the attempt
to violate a provision of the Florida Insurance Code or any order of OIR, DFS, or the Financial Services
Commission (FSC);
• receiving a fee, commission, or other financial consideration or payment that violates the requirements of
the bill;
• failing to renew the registration annually; and
• failing to refund to an insurer a fee, commission, or other financial consideration or payment as required by
the bill. (Section 3).
The bill makes it a first degree misdemeanor to do business as an affiliate without a registration for the first
offense. For a second or subsequent offense, acting as an affiliate without a registration is a third degree felony.
(Section 3).
The registration requirement for affiliates of property insurers goes into effect on January 1, 2027. (Section 3).
Rate Review
The bill requires OIR to consider the profits, revenues, and investment income of any affiliate which are
attributable to materially related to the insurer’s business in this state as part of property insurers’ rate filings.
Additionally, OIR may deem a property insurer’s filed rates excessive if they do not reflect the profits, revenues,
and investment income of any affiliate which are attributable or materially related to the insurer’s business in the
state. (Section 4).
Enforcement Authority
The bill grants OIR the authority to impose penalties for violations of the bill’s requirements, including
administrative fines of up to $10,000 for each violation, as well as suspension or revocation of the insurer’s license.
Additionally, if OIR determines that a payment or dividend made by a property insurer to an affiliate is not fair and
reasonable, the affiliate must refund the improper payment to the insurer. (Sections 1 and 2).
Effective Date
Except as otherwise provided, the bill provides an effective date of July 1, 2026. (Section 5).
RULEMAKING:
The bill requires OIR to adopt forms, processes, and rules necessary to implement OIR’s oversight of transactions,
dividends, and pledges of capital or assets between property insurers and their affiliates. (Sections 1 and 2). OIR is
also granted rulemaking authority to adopt forms, processes, and rules for affiliates to obtain and renew their
registration and for the regulation, investigation, and discipline of affiliates. (Section 3).
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
There is an indeterminate fiscal impact to state government. To the extent that the bill requires OIR to oversee
financial transactions between property insurers and their affiliates to ensure they are fair and reasonable, review
contract renewals, proposed dividends, and process applications for registrations there may be an indeterminate
fiscal impact to the office.
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3
HB 1399
PRIVATE SECTOR:
There may be an indeterminate fiscal impact to property insurers, who have affiliates, to ensure compliance with
the provisions of the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Office of Insurance Regulation
The Office of Insurance Regulation (OIR) regulates all activities relating to insurers and other risk bearing entities,
including licensing, rates, policy forms, marked conduct, claims, issuance of certificates of authority, solvency,
viatical settlements, premium financing, and administrative supervision. 1 OIR is responsible for examining the
affairs, transactions, accounts, records, and assets of each authorized insurer in the state. 2
As part of that process, insurers must make available all records relating to the subject of the examination. 3 OIR is
also authorized to carry out market conduct examinations to determine compliance with the Florida Insurance
Code. 4
Affiliates
Affiliates are defined in the Florida Insurance code as entities that exercise control over or are directly or indirectly
controlled by the insurer through: 5
• equity ownership of voting securities;
• common managerial control; or
collusive participation by the management of the insurer and affiliate in the management of the insurer or
the affiliate.
Managing General Agents (MGAs)
An MGA is a specialized type of insurance affiliate that has underwriting authority from an insurer. 6 MGAs can
perform certain functions that insurers typically handle, including binding coverage, underwriting and pricing,
agent appointments, and claims adjusting and settlement. 7 An MGA may be an affiliate of an insurer.
A currently effective producer license and an MGA appointment is required to perform MGA services. 8 Insurers are
required to notify DFS and OIR in writing within 30 days of appointing or terminating an MGA. 9 This notice must
include: 10
• a statement of duties the MGA applicant is expected to perform for the insurer;
• the lines of insurance for which the MGA applicant will be authorized to act; and
• any other information DFS or OIR may request from the insurer.
Insurers are required to review their books and records quarterly to determine if any of their producers have
become a managing general agent. 11
1 S. 20.121(3)(a), F.S.
2 S. 624.316(1)(a), F.S.
3 S. 624.318(2), F.S.
4 S. 624.3161, F.S.
5 S. 624.10(1), F.S.
6 S. 626.015(16)(a), F.S., see also, International Risk Management Institute, https://www.irmi.com/term/insurance-
definitions/managinggeneral-agent (last visited Jan. 9, 2026).
7 See supra note 2.
8 S. 626.112(5), F.S.
9 S. 626.7454(5), F.S.
10 Id.
11 S. 626.7454(6), F.S.
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4
HB 1399
OIR is responsible for examining the affairs, transactions, accounts, records, and assets of each insurer that holds a
certificate of authority to transact insurance business in Florida. 12 OIR’s examination authority extends to MGAs. 13
As part of the examination process, all persons being examined must make available to OIR the accounts, records,
documents, files, information, assets, and matters in their possession or control that relate to the subject of the
examination. 14
As part of an examination, OIR reviews contracts between insurers and MGAs, so that it can determine how much
an insurer is paying its MGA and what services the insurer is receiving for the fee it pays. The scope of the
examination of an insurer’s affiliates in a holding company system is limited to information reasonably necessary
to ascertain an insurer’s financial condition.
Attorneys in Fact
A reciprocal insurance exchange is an insurance enterprise where subscribers enter into direct agreements with
each other, pledging to contribute proportionally to cover losses experienced by fellow members. 15 The customers,
known as subscribers, sign an agreement authorizing an agent to act as their attorney in fact for the purpose of
insurance. 16 The attorney in fact is usually a management company, and they are authorized to sign contracts on
behalf of all subscribers. 17
Payments to Affiliates
Each insurer doing business in Florida that pays a fee, commission, or other financial consideration or payment to
any affiliate is required to provide, upon request, any information OIR deems necessary. The fee, commission, or
other financial consideration or payment to any affiliate must be fair and reasonable. 18
In determining whether the fee, commission, or other financial consideration or payment is fair and reasonable,
current law does not dictate which factors OIR must consider and only explicitly lists the actual cost of the service
being provided. 19
Affiliate Fee Analysis Draft Report
In February of 2025, the Tampa Bay Times published a draft report commissioned by OIR analyzing fees paid by
insurers to their affiliates during the 2017-2019 period. 20 The draft report claimed that while the 53 insurers
assessed reported $61 million in net income, their affiliates reported $14 billion in income. 21
The draft report included the following observations and recommendations: 22
• Requiring all managing general agent agreements to be reviewed and updated. This recommendation
stemmed from some agreements being more than a decade old and not including the appropriate language
to address data security, access, ownership, and control – particularly in the event of regulatory
12 S. 624.316(1)(a), F.S.
13 Id. S. 626.7452, F.S.
14 S. 624.318(2), F.S.
15 Andrew Verstein, Enterprise Without Entities, 116 MICH. L. REV. 247, 249 (2017),
https://repository.law.umich.edu/cgi/viewcontent.cgi?params=/context/mlr/article/1672/&path_info=Enterprise_Without_
Entities_revised_first_page.pdf.
16 Id. at 264.
17 Id. at 251.
18 S. 624.424(13), F.S.
19 Id.
20 Lawrence Mower, Florida Insurance Companies Steered Money to Investors while Claiming Losses, Study Says, Tampa Bay
Times, (Feb. 22, 2025), https://www.tampabay.com/news/florida-politics/2025/02/22/florida-insurance-profits-desantis-
regulation-investors-crisis/ (last visited Jan. 9, 2026).
21 Jan Moenck, Affiliated Fee Analysis Executive Summary, (Mar. 31, 2022),
https://www.documentcloud.org/documents/25540452-affiliated-fee-analysis-executive-summary/ (last visited Jan. 9,
2026), at 4.
22 Id. at 5-6.
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5
HB 1399
proceedings. Additionally, some of the reviewed contracts included premium-based compensation rates
exceeding 25 percent, and the parties had not revisited or reviewed those provisions since the contracts
were signed.
• Requiring insurers to provide documentation and financial projections that demonstrate that the proposed
fees in the agreement are fair and reasonable to the insurer.
• The report flagged fee forgiveness and capital contributions and noted that while the MGA model in Florida
is a common way for insurers to attract capital, it can also be used to circumvent insurer dividend
requirements.
• The report noted that several insurers did not provide all the information necessary to assess whether fees
paid to MGAs and other affiliates were reasonable, therefore it recommended to OIR conducting limited
scope examinations to review these transactions.
The draft report used guidance from OIR rules in the Florida Administrative Code and from the National
Association of Insurance Commissioners (NAIC) Financial Analysis Handbook to assess the fairness and
reasonableness of fees paid by insurers to affiliates, but noted that Florida “does not have specific statutory
guidance” defining the “fair and reasonable” standard for payments to affiliates. 23
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N Brackett Miguez
Subcommittee
Commerce Committee Hamon Miguez
23 Id. at 1-2.
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6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1399 2026
1 A bill to be entitled
2 An act relating to property insurance affiliates;
3 creating s. 624.44101, F.S.; providing applicability;
4 defining the term "affiliate"; requiring certain
5 property insurers to provide to the Office of
6 Insurance Regulation documentation demonstrating that
7 financial considerations and payments to affiliates
8 are fair and reasonable; requiring the office to
9 consider certain factors to determine whether such
10 considerations and payments are fair and reasonable;
11 requiring property insurers to submit, and the office
12 to review, audited financial statements; requiring
13 contracts between property insurers and affiliates to
14 contain certain provisions; authorizing the office to
15 issue orders restricting fund transfers from property
16 insurers to affiliates under specified circumstances;
17 providing penalties; requiring affiliates to make
18 certain refunds under certain circumstances; requiring
19 the office to adopt forms, processes, and rules;
20 creating s. 624.44102, F.S.; providing applicability;
21 providing a definition; providing authority of the
22 office over affiliate dividends; providing
23 restrictions on and prohibitions against dividends
24 paid by property insurers to affiliates under certain
25 circumstances; requiring property insurers to provide
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1399 2026
26 notice before pledges of capital and assets to
27 affiliates for loans and financial obligations;
28 providing penalties; requiring affiliates to make
29 certain refunds under certain circumstances; requiring
30 the office to adopt forms, processes, and rules;
31 creating s. 624.44103, F.S.; providing applicability;
32 providing a definition; requiring affiliates to
33 register with the office; specifying requirements to
34 obtain registration; requiring annual renewal;
35 providing administrative penalties; providing criminal
36 penalties; requiring the office to adopt forms,
37 processes, and rules; amending s. 627.062, F.S.;
38 revising factors and standards for the office
39 determination whether a property insurance rate filing
40 is excessive; providing effective dates.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 624.44101, Florida Statutes, is created
45 to read:
46 624.44101 Oversight of affiliate transactions.—
47 (1) This section applies to insurers that issue property
48 insurance policies and their affiliates.
49 (2)(a) As used in this section, the term "affiliate" means
50 an entity that engages in the business of insurance and that
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HB 1399 2026
51 exercises control over or is directly or indirectly controlled
52 by the insurer through:
53 1. Equity ownership of voting securities;
54 2. Common managerial control as defined in s. 624.10; or
55 3. Participation by the management of the insurer and the
56 affiliate in the management of the insurer or the affiliate.
57 (b) The term also includes an attorney in fact as defined
58 in s. 629.011 and a managing general agent as defined in s.
59 626.015.
60 (3)(a) Each property insurer doing business in this state
61 which pays, directly or indirectly, a fee, commission, or other
62 financial consideration or payment to any affiliate must provide
63 to the office documentation demonstrating that such fee,
64 commission, or other financial consideration or payment is fair
65 and reasonable. The office must determine whether the fee,
66 commission, or other financial consideration or payment is fair
67 and reasonable by considering the following factors:
68 1. The actual cost of each service provided by the
69 affiliate.
70 2. The relative financial condition of the property
71 insurer and the affiliate.
72 3. The level of debt and how that debt is serviced.
73 4. The amount of the dividends paid by the property
74 insurer and the affiliates and for what purpose.
75 5. Whether the terms of the written contract benefit the
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76 property insurer and are in the best interest of the
77 policyholders or subscribers.
78 6. Any other information as the office reasonably requires
79 in making the determination.
80 (b) For any contract with an affiliate executed on or
81 after July 1, 2026, the property insurer must annually provide
82 audited financial statements to the office which demonstrate any
83 fee, commission, or other financial consideration or payment
84 from the property insurer to the affiliate is fair and
85 reasonable. The office must review audited financial statements
86 to determine if the fee, commission, or other financial
87 consideration or payment to the affiliate is fair and
88 reasonable.
89 (c) Any contract between a property insurer and an
90 affiliate executed on or after July 1, 2026, must include a
91 termination clause that automatically terminates the contract
92 after 3 years. An agreement between a property insurer and an
93 affiliate may include provisions for extension, but such
94 extension must be approved by the office before becoming
95 effective. Any extension may not remain in effect for longer
96 than 3 years without a review pursuant to paragraph (a) and
97 approval by the office. If the agreement provides for extension,
98 the agreement must clearly state that the extension is subject
99 to approval by the office at least every 3 years.
100 (4)(a) During a state of emergency declared by the
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101 Governor pursuant to chapter 252, the office may issue orders
102 restricting fund transfers from a property insurer to an
103 affiliate.
104 (b) Orders under paragraph (a) may apply to all or
105 specified property insurers and may not exceed 60 days unless
106 extended by the office.
107 (5) The office may impose penalties on a property insurer
108 for violations of this section, including administrative fines
109 of up to $10,000 for each violation, as well as suspension or
110 revocation of the property insurer's license or authority to do
111 business in this state.
112 (6) In addition to any penalties imposed by the office
113 under subsection (5), the affiliate must refund the property
114 insurer any fee, commission, or other financial consideration or
115 payment that is determined by the office not to be fair and
116 reasonable.
117 (7) The office shall adopt forms, processes, and rules
118 necessary to implement this section.
119 Section 2. Section 624.44102, Florida Statutes, is created
120 to read:
121 624.44102 Authority over affiliate dividends and loans.—
122 (1) This section applies to insurers that issue property
123 insurance policies and their affiliates.
124 (2) As used in this section, the term "affiliate" has the
125 same meaning as in s. 624.44101(2).
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126 (3) The office has oversight and regulatory authority over
127 the issuance of dividends paid to an affiliate.
128 (4) There may be no declaration or distribution of
129 dividends paid to an affiliate without prior approval of the
130 office. The office shall make a determination within 7 days
131 after a property insurer submits all documents required by the
132 office.
133 (5) Dividends may not be made for the purpose of
134 manipulating the property insurer's financial position, and they
135 may be made only if the property insurer is solvent.
136 (6) Dividends must be fair and reasonable as determined by
137 the office in accordance with s. 624.44101(3)(a).
138 (7) A property insurer must provide notice to the office
139 at least 30 days before a pledge of capital or assets to any
140 affiliate for a loan or financial obligation. Such notice must
141 include a description of the collateral, the nature of the
142 obligation, and the parties involved. The office may reject and
143 prohibit the pledge if the office determines that such financial
144 arrangement is not in the best interest of the financial
145 condition of the property insurer.
146 (8) The office may impose penalties on a property insurer
147 for any unauthorized dividend, distribution, or pledge of
148 capital or assets, including administrative fines of up to
149 $10,000 for each violation, as well as suspension or revocation
150 of the property insurer's license or authority to do business in
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151 this state.
152 (9) In addition to any penalties imposed by the office
153 under subsection (8), the affiliate must refund the property
154 insurer any payment that is determined by the office to violate
155 this section.
156 (10) The office shall adopt forms, processes, and rules
157 necessary to approve dividends and pledges of capital or assets
158 from property insurers to affiliates.
159 Section 3. Effective January 1, 2027, section 624.44103,
160 Florida Statutes, is created to read:
161 624.44103 Affiliate registration.—
162 (1) This section applies to insurers that issue property
163 insurance policies and their affiliates.
164 (2) As used in this section, the term "affiliate" has the
165 same meaning as in s. 624.44101(2).
166 (3) Before doing business in this state, an affiliate must
167 obtain registration from the office.
168 (4) To obtain registration, the affiliate must file with
169 the office an application for registration upon a form to be
170 adopted by the commission and furnished by the office. The
171 office may not require an applicant to pay a fee for the
172 registration or for filing an application for such registration.
173 The application must include the following information and
174 documents:
175 (a) A statement of duties the applicant is expected to
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176 perform on behalf of the property insurer, and the lines of
177 insurance for which the applicant is to be authorized to act.
178 (b) All basic organizational documents of the affiliate,
179 such as the articles of incorporation, articles of association,
180 partnership agreement, trade name certificate, trust agreement,
181 shareholder agreement, or other applicable documents, and all
182 amendments to those documents.
183 (c) The names, addresses, official positions, and
184 professional qualifications of the individuals employed or
185 retained by the affiliate who are responsible for the conduct of
186 the affairs of the affiliate, including all members of the board
187 of directors, board of trustees, executive committee, or other
188 governing board or committee, and the principal officers in the
189 case of a corporation or the partners or members in the case of
190 a partnership or association of the affiliate.
191 (d) An independent background report as prescribed by the
192 office detailing the involvement of the individuals employed or
193 retained by the affiliate who are responsible for the conduct of
194 the affairs of the affiliate, including all members of the board
195 of directors, board of trustees, executive committee, or other
196 governing board or committee, and the principal officers in the
197 case of a corporation or the partners or members in the case of
198 a partnership or association of the affiliate.
199 (e) A self-disclosure of any administrative, civil, or
200 criminal complaints, settlements, or discipline of the affiliate
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201 which relate to a violation of the insurance code or the
202 insurance laws of any other state.
203 (5) Affiliate registrations must be renewed annually. The
204 office may not require an affiliate to pay a fee for the renewal
205 or pay a fee to file an application for such renewal.
206 (6) The office may, in its discretion, deny an application
207 for, suspend, revoke, or refuse to renew an affiliate's
208 registration; impose an administrative fine of up to $10,000
209 against an affiliate; and suspend or revoke the eligibility of
210 an affiliate for registration, if the office finds any of the
211 following applicable grounds:
212 (a) Any cause for which issuance of the registration could
213 have been refused had it then existed and been known to the
214 office.
215 (b) Violation of any provision of the insurance code or
216 any other law applicable to the business of insurance in the
217 course of doing business as an affiliate in this state.
218 (c) The registration is used, or to be used, to circumvent
219 any of the requirements or prohibitions of the insurance code.
220 (d) Any of the individuals employed or retained by the
221 affiliate who are responsible for the conduct of the affairs of
222 the affiliate have been found guilty of, or having pleaded
223 guilty or nolo contendere to, a felony in this state or any
224 other state relating to the business of insurance or an
225 insurance agency, without regard to whether a judgment of
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226 conviction has been entered by the court having jurisdiction of
227 such cases.
228 (e) Knowingly employing any individual in a managerial
229 capacity or in a capacity dealing with the public who is under
230 an order of revocation by the office or the department.
231 (f) In the conduct of business under the registration,
232 engaging in unfair methods of competition or in unfair or
233 deceptive acts or practices, prohibited under part IX of chapter
234 626.
235 (g) Knowingly aiding, assisting, procuring, advising, or
236 abetting any person in the violation of or in the attempt to
237 violate a provision of the insurance code or any other order or
238 rule of the department, commission, or office.
239 (h) Receiving a fee, commission, or other financial
240 consideration or payment that violates the requirements of s.
241 624.44101 or s. 624.44102.
242 (i) Receiving any dividend or pledges of capital assets
243 for a loan or financial obligation in violation of s. 624.44101
244 or s. 624.44102.
245 (j) Failing to annually renew a registration.
246 (k) Failing to refund a fee, commission, or other
247 financial consideration or payment to a property insurer under
248 s. 624.44101(6) or s. 624.44102(9).
249 (7) A person who does business as an affiliate in this
250 state without a current registration from the office commits a
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251 misdemeanor of the first degree, punishable as provided in s.
252 775.082 or s. 775.083, for the first offense, and, for a second
253 or subsequent offense, commits a felony of the third degree,
254 punishable as provided in s. 775.082 or s. 775.083.
255 (8) The office shall adopt forms, processes, and rules
256 necessary for affiliates to obtain and renew their registration
257 and for the regulation, investigation, and discipline of
258 affiliates.
259 Section 4. Paragraphs (b) and (e) of subsection (2) of
260 section 627.062, Florida Statutes, are amended to read:
261 627.062 Rate standards.—
262 (2) As to all such classes of insurance:
263 (b) Upon receiving a rate filing, the office shall review
264 the filing to determine if a rate is excessive, inadequate, or
265 unfairly discriminatory. In making that determination, the
266 office shall, in accordance with generally accepted and
267 reasonable actuarial techniques, consider the following factors:
268 1. Past and prospective loss experience within and without
269 this state.
270 2. Past and prospective expenses.
271 3. The degree of competition among insurers for the risk
272 insured.
273 4. Investment income reasonably expected by the insurer,
274 consistent with the insurer's investment practices, from
275 investable premiums anticipated in the filing, plus any other
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276 expected income from currently invested assets representing the
277 amount expected on unearned premium reserves and loss reserves.
278 The commission may adopt rules using reasonable techniques of
279 actuarial science and economics to specify the manner in which
280 insurers calculate investment income attributable to classes of
281 insurance written in this state and the manner in which
282 investment income is used to calculate insurance rates. Such
283 manner must contemplate allowances for an underwriting profit
284 factor and full consideration of investment income that produces
285 a reasonable rate of return; however, investment income from
286 invested surplus may not be considered.
287 5. The reasonableness of the judgment reflected in the
288 filing.
289 6. Dividends, savings, or unabsorbed premium deposits
290 allowed or returned to policyholders, members, or subscribers in
291 this state.
292 7. The adequacy of loss reserves.
293 8. The cost of reinsurance. The office may not disapprove
294 a rate as excessive solely due to the insurer having obtained
295 catastrophic reinsurance to cover the insurer's estimated 250-
296 year probable maximum loss or any lower level of loss.
297 9. Trend factors, including trends in actual losses per
298 insured unit for the insurer making the filing.
299 10. Conflagration and catastrophe hazards, if applicable.
300 11. Projected hurricane losses, if applicable, which must
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301 be estimated using a model or method found to be acceptable or
302 reliable by the Florida Commission on Hurricane Loss Projection
303 Methodology, and as further provided in s. 627.0628.
304 12. Projected flood losses for personal residential
305 property insurance, if applicable, which may be estimated using
306 a model or method, or a straight average of model results or
307 output ranges, independently found to be acceptable or reliable
308 by the Florida Commission on Hurricane Loss Projection
309 Methodology and as further provided in s. 627.0628.
310 13. A reasonable margin for underwriting profit and
311 contingencies.
312 14. The cost of medical services, if applicable.
313 15. For property insurance filings, the profits, revenues,
314 and investment income of any affiliate, as defined in s.
315 624.44101(2), which are attributable or materially related to
316 the insurer's business in this state.
317 16.15. Other relevant factors that affect the frequency or
318 severity of claims or expenses.
319 (e) After consideration of the rate factors provided in
320 paragraphs (b), (c), and (d), the office may find a rate to be
321 excessive, inadequate, or unfairly discriminatory based upon the
322 following standards:
323 1. Rates shall be deemed excessive if they are likely to
324 produce a profit from Florida business which is unreasonably
325 high in relation to the risk involved in the class of business
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326 or if expenses are unreasonably high in relation to services
327 rendered.
328 2. Rates shall be deemed excessive if, among other things,
329 the rate structure established by a stock insurance company
330 provides for replenishment of surpluses from premiums, if the
331 replenishment is attributable to investment losses.
332 3. For property insurance filings, rates may be deemed
333 excessive if they do not reflect the profits, revenues, and
334 investment income of any affiliate, as defined in s.
335 624.44101(2), which are attributable or materially related to
336 the insurer's business in this state.
337 4.3. Rates shall be deemed inadequate if they are clearly
338 insufficient, together with the investment income attributable
339 to them, to sustain projected losses and expenses in the class
340 of business to which they apply.
341 5.4. A rating plan, including discounts, credits, or
342 surcharges, shall be deemed unfairly discriminatory if it fails
343 to clearly and equitably reflect consideration of the
344 policyholder's participation in a risk management program
345 adopted pursuant to s. 627.0625.
346 6.5. A rate shall be deemed inadequate as to the premium
347 charged to a risk or group of risks if discounts or credits are
348 allowed which exceed a reasonable reflection of expense savings
349 and reasonably expected loss experience from the risk or group
350 of risks.
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351 7.6. A rate shall be deemed unfairly discriminatory as to
352 a risk or group of risks if the application of premium
353 discounts, credits, or surcharges among such risks does not bear
354 a reasonable relationship to the expected loss and expense
355 experience among the various risks.
356
357 The provisions of this subsection do not apply to workers'
358 compensation, employer's liability insurance, and motor vehicle
359 insurance.
360 Section 5. Except as otherwise expressly provided in this
361 act, this act shall take effect July 1, 2026.
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HB 7017
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 7017 PCB GOS 26-10 COMPANION BILL: SB 7026
TITLE: OGSR/Trade Secrets LINKED BILLS: None
SPONSOR(S): Sapp RELATED BILLS: None
Committee References
Orig. Comm.: Government Commerce State Affairs
Operations
18 Y, 0 N
SUMMARY
Effect of the Bill:
The bill saves from repeal the public record exemption for trade secrets applicable to all state and local
governmental agencies. The public record exemption will repeal on October 2, 2026, if the bill does not become
law.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal date, created pursuant to the Open Government Sunset Review Act, for the
public record exemption for trade secrets held by any agency subject to public record requirements. The public
record exemption will repeal on October 2, 2026, if the bill does not become a law. (Section 1)
The bill removes duplicative public record exemptions relating to trade secrets held by certain agencies. (Multiple
Sections)
The effective date of the bill is upon becoming a law. (Section 19)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature
reenacts the exemption.2
1
S. 119.15, F.S.
2 S. 119.15(3), F.S.
STORAGE NAME: h7017.COM
DATE: 1/23/2026
1
HB 7017 PCB GOS 26-10
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision; or
Protect trade or business secrets.3
If in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity statement and a
two-thirds vote for passage are required. If the exemption is reenacted with grammatical or stylistic changes that
do not expand the exemption, if the exemption is narrowed, or if an exception to the exemption is created, then a
public necessity statement and a two-thirds vote are not required.4
Public Record Exemption under Review
In 2021, the Legislature created a public record exemption for trade secrets held by any agency5 subject to public
record requirements.6 The term “trade secret” is defined to mean information, including a formula, pattern,
compilation, program, device, method, technique, or process that:
Derives independent economic value from not being generally known to or readily ascertainable by others
who could obtain economic value from its disclosure or use.
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.7
Current law authorizes an agency to disclose a trade secret to an officer or employee of another agency or
governmental entity whose use of the trade secret is within the scope of his or her lawful duties and
responsibilities.8 Additionally, an agency employee who, while acting in good faith and in the performance of
official duties, releases a record containing a trade secret is not liable, civilly9 or criminally,10 for such release.11
The 2021 public necessity statement12 provided that the public record exemption is necessary to protect trade
secret information submitted to an agency by an individual or business, as disclosure of such information to
competitors would be detrimental. The statement also specified that the exemption is necessary to protect trade
secret information created by an agency in furtherance of its duties and responsibilities, as disclosure of such
information would impede the effective and efficient operation of the agency.13
3 S. 119.15(6)(b), F.S.
4 Art. I, s. 24(c), FLA. CONST.
5 “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission,
or other separate unit of government created or established by law including, the Commission on Ethics, the Public Service
Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or
business entity acting on behalf of any public agency. S. 119.011(2), F.S.
6 Ch. 2021-223, L.O.F., codified as s. 119.0715, F.S. Before the enactment of this law, trade secret exemptions were only located
in program-specific provisions through the Florida Statutes. The 2021 legislation established a general exemption applicable
to all agencies subject to public record requirements.
7 See s. 119.0715(1), F.S.
8 S. 119.0715(3), F.S.
9 The Uniform Trade Secrets Act provides a cause of action for the misappropriation of trade secrets and authorizes injunctive
relief and damages. A person who discloses a trade secret without authorization may be liable for both the actual loss and any
unjust enrichment caused by the disclosure. See ss. 688.003 and 688.004, F.S.
10 Current law makes it a third-degree felony to willfully and without authorization obtain or use a trade secret with intent to
deprive the owner of its control or benefit, or to appropriate it for personal use or the use of another. S. 812.081(2), F.S. A
third-degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Ss. 775.082 and 775.083, F.S.
11 S. 119.0715(4), F.S.
12 Art. I, s. 24(c), FLA CONST., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.”
13 Ch. 2021-223, L.O.F.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 7017 PCB GOS 26-10
Pursuant to the OGSR Act, the exemption will repeal on October 2, 2026, unless reenacted by the Legislature.14
During the 2025 interim, House and Senate committee staff distributed questionnaires to state agencies,
universities, public hospitals, counties, and municipalities regarding the public record exemption under review. In
total, staff received 154 responses.15 The vast majority of respondents indicated they were unaware of any
litigation concerning the exemption, had not encountered issues interpreting or applying the exemption, and
recommended the exemption be reenacted as is.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Government 18 Y, 0 N 1/13/2026 Toliver Villa
Operations Subcommittee
Commerce Committee Hamon Bunnell
State Affairs Committee
14 S. 119.0715(5), F.S.
15 Open Government Sunset Review Questionnaire, Trade Secrets Held by an Agency, responses on file with the Government
Operations Subcommittee.
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3
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HB 7017 2026
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.0715, F.S., which
4 provides an exemption from public record requirements
5 for a trade secret held by an agency; removing the
6 scheduled repeal of the exemption; amending ss.
7 287.137, 288.075, 334.049, 408.185, 409.91196,
8 440.108, 497.172, 501.171, 501.1735, 501.2041,
9 501.722, 520.9965, 548.062, 559.5558, 569.215,
10 627.0628, and 1004.4472; removing references to trade
11 secrets from public records exemptions; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (5) of section 119.0715, Florida
17 Statutes, is amended to read:
18 119.0715 Trade secrets held by an agency.—
19 (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
20 to the Open Government Sunset Review Act in accordance with s.
21 119.15 and shall stand repealed on October 2, 2026, unless
22 reviewed and saved from repeal through reenactment by the
23 Legislature.
24 Section 2. Paragraph (d) of subsection (8) of section
25 287.137, Florida Statutes, is amended to read:
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26 287.137 Antitrust violations; denial or revocation of the
27 right to transact business with public entities; denial of
28 economic benefits.—
29 (8)
30 (d) For purposes of this subsection, the term "proprietary
31 business information" means information that:
32 1. Is owned or controlled by the business;
33 2. Is intended to be private and is treated by the
34 business as private because disclosure would harm the business
35 or its business operations;
36 3. Has not been disclosed except as required by law or a
37 private agreement that provides that the information will not be
38 released to the public;
39 4. Is not publicly available or otherwise readily
40 ascertainable through proper means from another source in the
41 same configuration as received by the Attorney General; and
42 5. Includes:
43 a. Trade secrets as defined in s. 688.002.
44 b. competitive interests, the disclosure of which would
45 impair the competitive advantage of the business that is the
46 subject of the information.
47 Section 3. Paragraph (c) of subsection (1) and subsection
48 (3) of section 288.075, Florida Statutes, are amended to read:
49 288.075 Confidentiality of records.—
50 (1) DEFINITIONS.—As used in this section, the term:
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51 (c) "Trade secret" has the same meaning as in s. 688.002.
52 (3) TRADE SECRETS.—Trade secrets held by an economic
53 development agency are confidential and exempt from s. 119.07(1)
54 and s. 24(a), Art. I of the State Constitution.
55 Section 4. Subsection (4) of section 334.049, Florida
56 Statutes, is amended to read:
57 334.049 Patents, copyrights, trademarks; notice to
58 Department of State; confidentiality of trade secrets.—
59 (4) Any information obtained by the department as a result
60 of research and development projects and revealing a method of
61 process, production, or manufacture which is a trade secret as
62 defined in s. 688.002, is confidential and exempt from the
63 provisions of s. 119.07(1).
64 Section 5. Subsection (1) of section 408.185, Florida
65 Statutes, is amended to read:
66 408.185 Information submitted for review of antitrust
67 issues; confidentiality.—The following information held by the
68 Office of the Attorney General, which is submitted by a member
69 of the health care community pursuant to a request for an
70 antitrust no-action letter shall be confidential and exempt from
71 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
72 Constitution for 1 year after the date of submission.
73 (1) Documents that reveal trade secrets as defined in s.
74 688.002.
75 Section 6. Subsection (1) of section 409.91196, Florida
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76 Statutes, is amended to read:
77 409.91196 Supplemental rebate agreements; public records
78 and public meetings exemption.—
79 (1) The rebate amount, percent of rebate, manufacturer's
80 pricing, and supplemental rebate, and other trade secrets as
81 defined in s. 688.002 that the agency has identified for use in
82 negotiations, held by the Agency for Health Care Administration
83 under s. 409.912(5)(a)7. are confidential and exempt from s.
84 119.07(1) and s. 24(a), Art. I of the State Constitution.
85 Section 7. Paragraph (b) of subsection (2) of section
86 440.108, Florida Statutes, is amended to read:
87 440.108 Investigatory records relating to workers'
88 compensation employer compliance; confidentiality.—
89 (2) After an investigation is completed or ceases to be
90 active, information in records relating to the investigation
91 remains confidential and exempt from the provisions of s.
92 119.07(1) and s. 24(a), Art. I of the State Constitution if
93 disclosure of that information would:
94 (b) Reveal a trade secret, as defined in s. 688.002;
95 Section 8. Subsection (4) of section 497.172, Florida
96 Statutes, is amended to read:
97 497.172 Public records exemptions; public meetings
98 exemptions.—
99 (4) TRADE SECRETS.—Trade secrets, as defined in s.
100 688.002, held by the department or board, are confidential and
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101 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
102 Constitution.
103 Section 9. Paragraph (d) of subsection (11) of section
104 501.171, Florida Statutes, is amended to read:
105 501.171 Security of confidential personal information.—
106 (11) PUBLIC RECORDS EXEMPTION.—
107 (d) For purposes of this subsection, the term "proprietary
108 information" means information that:
109 1. Is owned or controlled by the covered entity.
110 2. Is intended to be private and is treated by the covered
111 entity as private because disclosure would harm the covered
112 entity or its business operations.
113 3. Has not been disclosed except as required by law or a
114 private agreement that provides that the information will not be
115 released to the public.
116 4. Is not publicly available or otherwise readily
117 ascertainable through proper means from another source in the
118 same configuration as received by the department.
119 5. Includes:
120 a. Trade secrets as defined in s. 688.002.
121 b. competitive interests, the disclosure of which would
122 impair the competitive business of the covered entity who is the
123 subject of the information.
124 Section 10. Paragraph (d) of subsection (6) of section
125 501.1735, Florida Statutes, is amended to read:
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126 501.1735 Protection of children in online spaces; public
127 records exemption.—
128 (6) PUBLIC RECORDS EXEMPTION.—
129 (d) For purposes of this section, the term "proprietary
130 information" means information that:
131 1. Is owned or controlled by the online platform.
132 2. Is intended to be private and is treated by the online
133 platform as private because disclosure would harm the online
134 platform or its business operations.
135 3. Has not been disclosed except as required by law or a
136 private agreement that provides that the information will not be
137 released to the public.
138 4. Is not publicly available or otherwise readily
139 ascertainable through proper means from another source in the
140 same configuration as received by the department.
141 5. Includes:
142 a. Trade secrets as defined in s. 688.002.
143 b. competitive interests, the disclosure of which would
144 impair the competitive advantage of the online platform who is
145 the subject of the information.
146 Section 11. Paragraph (d) of subsection (10) of section
147 501.2041, Florida Statutes, is amended to read:
148 501.2041 Unlawful acts and practices by social media
149 platforms.—
150 (10)
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151 (d) For purposes of this subsection, the term "proprietary
152 business information" means information that:
153 1. Is owned or controlled by the business;
154 2. Is intended to be private and is treated by the
155 business as private because disclosure would harm the business
156 or its business operations;
157 3. Has not been disclosed except as required by law or a
158 private agreement that provides that the information will not be
159 released to the public;
160 4. Is not publicly available or otherwise readily
161 ascertainable through proper means from another source in the
162 same configuration as received by the department; and
163 5. Includes:
164 a. Trade secrets as defined in s. 688.002.
165 b. competitive interests, the disclosure of which would
166 impair the competitive advantage of the business that is the
167 subject of the information.
168 Section 12. Paragraph (e) of subsection (4) of section
169 501.722, Florida Statutes, is amended to read:
170 501.722 Public records exemption.—
171 (4) For purposes of this section, the term "proprietary
172 information" means information that:
173 (e) Includes:
174 1. Trade secrets as defined in s. 688.002.
175 2. competitive interests, the disclosure of which would
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176 impair the competitive advantage of the controller, processor,
177 or third party who is the subject of the information.
178 Section 13. Paragraph (b) of subsection (1) of section
179 520.9965, Florida Statutes, is amended to read:
180 520.9965 Confidentiality of information relating to
181 investigations and examinations.—
182 (1)
183 (b) Except as necessary for the office to enforce the
184 provisions of this chapter, a consumer complaint and other
185 information relative to an investigation or examination shall
186 remain confidential and exempt from s. 119.07(1) after the
187 investigation or examination is completed or ceases to be active
188 to the extent disclosure would:
189 1. Jeopardize the integrity of another active
190 investigation or examination.
191 2. Reveal the name, address, telephone number, social
192 security number, or any other identifying number or information
193 of any complainant, customer, or account holder.
194 3. Disclose the identity of a confidential source.
195 4. Disclose investigative techniques or procedures.
196 5. Reveal a trade secret as defined in s. 688.002.
197 Section 14. Paragraph (e) of subsection (1) of section
198 548.062, Florida Statutes, is amended to read:
199 548.062 Public records exemption.—
200 (1) As used in this section, the term "proprietary
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201 confidential business information" means information that:
202 (e) Concerns any of the following:
203 1. The number of ticket sales for a match;
204 2. The amount of gross receipts after a match;
205 3. A trade secret, as defined in s. 688.002;
206 3.4. Business plans;
207 4.5. Internal auditing controls and reports of internal
208 auditors; or
209 5.6. Reports of external auditors.
210 Section 15. Paragraph (b) of subsection (2) of section
211 559.5558, Florida Statutes, is amended to read:
212 559.5558 Public records exemption; investigations and
213 examinations.—
214 (2)
215 (b) Information made confidential and exempt pursuant to
216 this section is no longer confidential and exempt once the
217 investigation or examination is completed or ceases to be active
218 unless disclosure of the information would:
219 1. Jeopardize the integrity of another active
220 investigation or examination.
221 2. Reveal the personal identifying information of a
222 consumer, unless the consumer is also the complainant. A
223 complainant's personal identifying information is subject to
224 disclosure after the investigation or examination is completed
225 or ceases to be active. However, a complainant's personal
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226 financial and health information remains confidential and
227 exempt.
228 3. Reveal the identity of a confidential source.
229 4. Reveal investigative or examination techniques or
230 procedures.
231 5. Reveal trade secrets, as defined in s. 688.002.
232 Section 16. Paragraph (a) of subsection (2) of section
233 569.215, Florida Statutes, is amended to read:
234 569.215 Confidential records relating to tobacco
235 settlement agreement.—
236 (2) As used in this section, the term "proprietary
237 confidential business information" means information, regardless
238 of form or characteristics, which is owned or controlled by a
239 tobacco company that is a signatory to the settlement agreement,
240 as amended, in the case of State of Florida v. American Tobacco
241 Company, No. 95-1466AH, in the Circuit Court of the Fifteenth
242 Judicial Circuit, in and for Palm Beach County, is intended to
243 be and is treated by a tobacco company as private in that the
244 disclosure of the information would cause harm to the company's
245 business operations, and has not been disclosed unless disclosed
246 pursuant to a statutory provision, an order of a court or
247 administrative body, or private agreement that provides that the
248 information will not be released to the public. The term
249 includes, but is not limited to:
250 (a) Trade secrets as defined in s. 688.002.
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251 Section 17. Paragraph (g) of subsection (3) of section
252 627.0628, Florida Statutes, is amended to read:
253 627.0628 Florida Commission on Hurricane Loss Projection
254 Methodology; public records exemption; public meetings
255 exemption.—
256 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
257 (g)1. A trade secret, as defined in s. 688.002, which is
258 used in designing and constructing a hurricane or flood loss
259 model and which is provided pursuant to this section, by a
260 private company, to the commission, office, or consumer advocate
261 appointed pursuant to s. 627.0613 is confidential and exempt
262 from s. 119.07(1) and s. 24(a), Art. I of the State
263 Constitution.
264 1.2.a. That portion of a meeting of the commission or of a
265 rate proceeding on an insurer's rate filing at which a trade
266 secret, as defined in s. 688.002, which is used in designing and
267 constructing a hurricane or flood loss model and which is
268 provided pursuant to this section, by a private company, to the
269 commission, office, or consumer advocate appointed pursuant to
270 s. 627.0613 made confidential and exempt by this paragraph is
271 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
272 State Constitution. The closed meeting must be recorded, and no
273 portion of the closed meeting may be off the record.
274 2.b. The recording of a closed portion of a meeting is
275 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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276 Constitution.
277 Section 18. Paragraph (a) of subsection (2) and subsection
278 (4) of section 1004.4472, Florida Statutes, are amended to read:
279 1004.4472 Florida Institute for Human and Machine
280 Cognition, Inc.; public records exemption; public meetings
281 exemption.—
282 (2) The following information held by the corporation or
283 its subsidiary is confidential and exempt from s. 119.07(1) and
284 s. 24(a), Art. I of the State Constitution:
285 (a) Material relating to methods of manufacture or
286 production, potential trade secrets, patentable material, actual
287 trade secrets as defined in s. 688.002 or proprietary
288 information received, generated, ascertained, or discovered
289 during the course of research conducted by or through the
290 corporation or a subsidiary, and business transactions resulting
291 from such research.
292 (4) That portion of a meeting of the corporation or a
293 subsidiary at which information is presented or discussed which
294 is confidential and exempt pursuant to subsection (2) or s.
295 119.0715 is exempt from s. 286.011 and s. 24(b), Art. I of the
296 State Constitution.
297 Section 19. This act shall take effect upon becoming a
298 law.
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