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Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (February 4, 2026)

Summary

Post-meeting packet for the Florida Senate Commerce and Tourism committee meeting of Wednesday, February 4, 2026, 10:30 a.m. to 12:30 p.m., with Senator Leek as Chair and Senator Arrington as Vice Chair. The expanded agenda lists CS/SB 198 on virtual currency kiosks (Favorable, Yeas 9 Nays 0), CS/SB 422 on automatic dependent surveillance-broadcasts, SB 1236 on employers receiving economic development incentives from state agencies, and other bills. The packet includes material on money services businesses and anti-money laundering programs. It closes with an appointment letter and an Oath of Office form for the Central Florida Tourism Oversight District Board of Supervisors.

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

Cite this document

“Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (February 4, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-04-post-meeting-packet-8200-ca82ee2f1b/, SHA-256 4e567a00f107edb1e5a1db41475ec2a97c6427054869b7a5164da138408184aa.

Full text

02/04/2026 - Commerce and Tourism (10:30 AM - 12:30 PM)                                  2026 Regular Session
Customized                                                                               02/05/2026 12:45 PM
Tab

         CS/SB 198 by BI, Rouson (CO-INTRODUCERS) Arrington; Similar to CS/H 00505 Virtual Currency
Tab 1
         Kiosks

Tab 2      CS/SB 422 by TR, Wright; Similar to H 00387 Automatic Dependent Surveillance-broadcasts
388214   A      S       RCS          CM, Wright             Delete L.39:                   02/04 02:49 PM


          SB 1236 by Massullo; Similar to H 01387 Employers Receiving Economic Development Incentives from
Tab 3
         State Agencies

Tab 4      SB 1356 by Garcia; Similar to H 01521 Handling of Animals
695212   A       S      FAV             CM, Garcia             Delete L.113 - 144.       02/04 02:49 PM


Tab 5     SB 1456 by Osgood; Similar to H 01043 Doula Workforce Development


Tab 6     SB 1722 by Calatayud; Application Stores




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

            MEETING DATE:         Wednesday, February 4, 2026
                    TIME:         10:30 a.m.—12:30 p.m.
                  PLACE:          Toni Jennings Committee Room, 110 Senate Building

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

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

   1    CS/SB 198                              Virtual Currency Kiosks; Revising the definition of the    Favorable
        Banking and Insurance / Rouson         term “money services business”; revising the                   Yeas 9 Nays 0
        (Similar CS/H 505)                     requirements for certain rules adopted by the
                                               Financial Services Commission; prohibiting a virtual
                                               currency kiosk business from operating in this state
                                               without registering or renewing its registration;
                                               specifying that certain money transmitters are exempt
                                               from registration as a virtual currency kiosk business
                                               but are subject to certain provisions; prohibiting
                                               certain entities from performing certain actions
                                               without being licensed as a money services business,
                                               etc.

                                               BI       01/28/2026 Fav/CS
                                               CM       02/04/2026 Favorable
                                               RC


   2    CS/SB 422                              Automatic Dependent Surveillance-broadcasts;               Fav/CS
        Transportation / Wright                Prohibiting airports from using information broadcast          Yeas 7 Nays 1
        (Similar H 387)                        or collected by automatic dependent surveillance-
                                               broadcast systems for specified purposes under
                                               certain circumstances, etc.

                                               TR       01/27/2026 Fav/CS
                                               CM       02/04/2026 Fav/CS
                                               RC


   3    SB 1236                                Employers Receiving Economic Development                   Favorable
        Massullo                               Incentives from State Agencies; Requiring an                   Yeas 6 Nays 3
        (Similar H 1387)                       employer to sign an agreement with a state agency
                                               that is awarding an economic development incentive
                                               before becoming eligible for the economic
                                               development incentive; authorizing persons and
                                               entities to report a suspected violation to the Attorney
                                               General within a specified timeframe; requiring the
                                               Attorney General to determine whether a violation has
                                               occurred; requiring a state agency to execute a
                                               separate written agreement with the recipient of the
                                               economic development incentive before the state
                                               agency awards the economic development incentive,
                                               etc.

                                               CM       02/04/2026 Favorable
                                               GO
                                               AP




                                                                                                                         S-036 (10/2008)
02042026.1310                                                                                                                Page 1 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Wednesday, February 4, 2026, 10:30 a.m.—12:30 p.m.

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

  4     SB 1356                              Handling of Animals; Requiring the Department of           Fav/CS
        Garcia                               Agriculture and Consumer Services to develop and               Yeas 9 Nays 0
        (Similar H 1521, Compare S 1004)     adopt rules, best management practices, and other
                                             measures for dog breeding in this state; preempting
                                             the regulatory and operational oversight of local
                                             animal shelters to the department; deleting a limit on
                                             veterinary costs under certain provisions; specifying
                                             requirements for retail stores that offer animals for
                                             sale; requiring dog breeders to apply to the
                                             Department of Business and Professional Regulation
                                             for a certificate of registration and to renew the
                                             certificate at specified intervals, etc.

                                             CM       02/04/2026 Fav/CS
                                             AEG
                                             RC


  5     SB 1456                              Doula Workforce Development; Establishing the              Temporarily Postponed
        Osgood                               Doula Workforce Development Support Program
        (Similar H 1043)                     within the Department of Commerce to provide grants
                                             and technical assistance to eligible doula training
                                             entities for a specified purpose; requiring the
                                             department to prioritize support to high-need regions;
                                             specifying authorized uses of the grant funds;
                                             requiring the department to submit annual reports to
                                             the Governor and the Legislature by a specified date,
                                             etc.

                                             CM       02/04/2026 Temporarily Postponed
                                             ATD
                                             FP


  6     SB 1722                              Application Stores; Requiring an app store provider to     Favorable
        Calatayud                            take certain steps to verify the ages of individuals who       Yeas 9 Nays 0
                                             create or who have existing accounts with the app
                                             store provider; providing parental consent
                                             requirements for accounts created or held by minors;
                                             requiring app store providers to take certain steps to
                                             protect specified personal information; authorizing
                                             minors, or the parents of minors, to bring civil actions
                                             against app store providers or developers for
                                             violations of the act, etc.

                                             CM       02/04/2026 Favorable
                                             JU
                                             RC


 TAB    OFFICE and APPOINTMENT (HOME CITY)                                   FOR TERM ENDING               COMMITTEE ACTION

        Senate Confirmation Hearing: A public hearing will be held for consideration of the below-
        named executive appointments to the offices indicated.




                                                                                                                       S-036 (10/2008)
02042026.1310                                                                                                              Page 2 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Wednesday, February 4, 2026, 10:30 a.m.—12:30 p.m.


 TAB    OFFICE and APPOINTMENT (HOME CITY)                                FOR TERM ENDING      COMMITTEE ACTION

        Chair, Reemployment Assistance Appeals Commission
  7             Faircloth, Charles T., Jr. (Tallahassee)                     06/30/2029     Recommend Confirm
                                                                                                Yeas 8 Nays 0

        Board of Supervisors of the Central Florida Tourism
        Oversight District
  8             Ravenscroft, Thomas Matthew (Orlando)                        02/26/2027     Recommend Confirm
                                                                                                Yeas 8 Nays 0
                Woods, David (Orlando)                                       02/26/2029     Recommend Confirm
                                                                                                Yeas 8 Nays 0

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

        Other Related Meeting Documents




                                                                                                         S-036 (10/2008)
02042026.1310                                                                                                Page 3 of 3
                           CourtSmart Tag Report
Room: SB 110                 Case No.:                       Type:
Caption: Senate Commerce And Tourism Committee               Judge:

Started:            2/4/2026 10:30:20 AM
Ends: 2/4/2026 12:25:34 PM Length: 01:55:15

10:30:21 AM Chair Leek calls meeting to order
10:30:23 AM Roll call
10:30:46 AM Quorum announced
10:30:53 AM Chair Leek with opening comments
10:31:08 AM Senate Bill 1456 TP'd
10:31:14 AM Tab 3, SB 1236 by Senator Massullo, Employers Receiving Economic Development
Incentives from State Agencies introduced by Chair Leek
10:31:25 AM Senator Massullo explains the Bill
10:33:09 AM Chair Leek
10:33:14 AM Questions
10:33:18 AM Senator Smith
10:34:11 AM Senator Massullo
10:34:48 AM Senator Smith
10:35:33 AM Senator Massullo
10:36:33 AM Chair Leek with comments
10:36:47 AM Senator Smith
10:37:37 AM Senator Massullo
10:38:19 AM Senator Smith
10:38:44 AM Senator Massullo
10:38:46 AM Senator Smith
10:39:04 AM Senator Massullo
10:39:46 AM Senator Smith
10:40:46 AM Senator Massullo
10:41:14 AM Senator Smith
10:41:46 AM Senator Massullo
10:42:07 AM Senator Arrington
10:42:36 AM Senator Massullo
10:42:56 AM Senator Arrington
10:43:29 AM Senator Massullo
10:43:44 AM Chair Leek
10:44:07 AM Jorge Chamizo, Workers for Opportunity waives
10:44:25 AM Speaker David Osborne, Florida Building & Construction Trades
10:46:33 AM Speaker Ross Mullis
10:46:39 AM Derick Tabertshofer, Americans for Prosperity waives
10:47:20 AM Speaker Andy Starling
10:47:44 AM Jeannie Ford waives
10:48:50 AM Speaker Dr. Rich Templin, Florida AFL-CIO
10:49:19 AM Thomas J. Bugus II
10:52:38 AM Speaker Nicholas Mangoni
10:53:12 AM Ryans Calmont waives
10:53:27 AM Speaker Shayne Tremblay
10:53:36 AM Jeannie Ford waives
10:54:03 AM Janet Moody waives
10:54:42 AM Speaker Theresa King, Florida State Build Trades
10:54:47 AM Christina Underwood waives
10:54:50 AM Michael Grenon waives
10:54:54 AM Glenda Abicht waives
10:58:49 AM Speaker Larry Downs, Jr.
10:58:52 AM Derek Debevec waives
10:58:53 AM John Meeks waives
10:58:55 AM Aimee Smith waives
11:01:20 AM Richard Decoteau waives
11:01:26 AM Jorge Botello waives
11:01:29 AM Gordan Longhofer waives
11:01:37 AM Della Denny-Abbott waives
11:01:41 AM Chair Leek
11:01:42 AM Debate
11:01:45 AM Senator Smith
11:05:33 AM Senator Yarborough
11:06:01 AM Senator Bracy Davis
11:06:49 AM Chair Leek
11:06:57 AM Senator Massullo with closure
11:09:02 AM Roll call
11:09:27 AM SB 1236 reported favorably
11:09:43 AM Tab 1, CS/SB 198 by Banking and Insurance/Senator Rouson, Virtual Currency Kiosks
introduced by Chair Leek
11:09:57 AM Senator Rouson explains the Bill
11:12:38 AM Chair Leek
11:13:06 AM Speaker Eric Baker, Satoshi Action Fund
11:13:37 AM Christopher Hodge, Florida Credit Union Association waives
11:17:29 AM Speaker David Garner, Florida Bankers Association
11:17:54 AM Brian Jogerst, Elder Law Section/Florida Bar and Academy of Florida Elder Law
Attorneys
11:18:04 AM Speaker Karen Murillo, AARP
11:20:06 AM Chair Leek
11:20:12 AM Debate
11:20:16 AM Senator Arrington
11:20:35 AM Senator Wright
11:20:57 AM Chair Leek
11:21:06 AM Senator Rouson with closure
11:21:34 AM Roll call
11:21:56 AM CS/SB198 reported favorably
11:22:06 AM Tab 4, SB 1356 by Senator Garcia, Handling of Animals introduced by Chair Leek
11:22:14 AM Senator Garcia explains the Bill
11:24:04 AM Chair Leek
11:24:13 AM Amendment Barcode No. 695212 introduced by Chair Leek
11:24:19 AM Senator Garcia explains the Amendment
11:24:21 AM Chair Leek
11:24:32 AM Closure waived
11:24:34 AM Amendment adopted
11:24:38 AM Chair Leek
11:24:58 AM Speaker Jorge Chamizo, Petland
11:28:59 AM Speaker Larry Downs, Jr.
11:29:01 AM Diana Ferguson, Florida Animal Control Association waives
11:29:03 AM Elleyn Bogdanoff, Big Dog Ranch Rescue waives
11:29:05 AM Brandon Johnson, American Kennel Club waives
11:31:11 AM Chair Leek
11:31:17 AM Debate
11:31:22 AM Senator Arrington
11:31:59 AM Chair Leek
11:32:14 AM Senator Garcia with closure
11:33:30 AM Roll call
11:33:47 AM CS/SB 1356 reported favorably
11:34:02 AM Gavel passed to Senator Arrington
11:34:09 AM Tab 6, SB 1722 by Senator Calatayud, Application Stores introduced by Chair Arrington
11:34:18 AM Senator Calatayud explains the Bill
11:35:04 AM Chair Arrington
11:35:27 AM Speaker Larry Downs, Jr.
11:37:57 AM Speaker Julie Barrett
11:41:52 AM Questions
11:41:55 AM Senator Smith
11:43:07 AM Julie Barrett
11:45:51 AM Senator Smith
11:48:23 AM Julie Barrett
11:48:40 AM Speaker Justin Hill
11:49:14 AM Aaron DiPietro, Florida Family Voice waives
11:52:14 AM Speaker Chris Carmudy, Meta
11:52:29 AM Nathan Hoffman waives
11:54:50 AM Question
11:54:54 AM Senator Yarborough
11:55:11 AM Chris Carmudy
11:56:43 AM Speaker Andrew Zack, Suncoast League of Cities
11:57:09 AM John Labriola, Christian Family Coalition Florida waives
11:59:52 AM Question
11:59:57 AM Senator Smith
12:00:13 PM Andrew Zack
12:01:01 PM Anthony Verdugo, Christian Family Coalition Florida waives
12:01:08 PM Edward Longe, James Madison Institute
12:01:15 PM Debate
12:01:22 PM Senator Yarborough
12:03:23 PM Senator Smith
12:06:22 PM Chair Arrington
12:06:34 PM Senator Calatayud with closure
12:09:45 PM Roll call
12:10:10 PM SB 1722 reported favorably
12:10:19 PM Gavel returned to Senator Leek
12:10:22 PM Chair Leek
12:10:32 PM Tab 2, SB 422 by Senator Wright, Automatic Dependent Surveillance-broadcasts
introduced by Chair Leek
12:10:47 PM Senator Wright explains the Bill
12:11:41 PM Chair Leek
12:11:46 PM Amendment Barcode No. 388214 introduced by Chair Leek
12:11:55 PM Senator Wright explains the Amendment
12:11:57 PM Chair Leek
12:12:11 PM Closure waived
12:12:14 PM Amendment adopted
12:12:17 PM Chair Leek
12:12:22 PM Question
12:12:26 PM Senator Arrington
12:12:46 PM Senator Wright
12:13:08 PM Chair Leek
12:13:24 PM Speaker Donald Frano
12:17:24 PM Speaker Justin Towles
12:20:21 PM Speaker Stacey Heaton, AOPA
12:22:02 PM Chair Leek
12:22:08 PM Debate
12:22:12 PM Senator Arrington
12:22:25 PM Chair Leek
12:22:32 PM Senator Wright with closure
12:23:01 PM Roll call
12:23:22 PM CS/SB 422 reported favorably
12:24:00 PM Tabs 7 and 8, Reemployment Assistance Appeals and the Board of Supervisors of the
Central Florida Tourism Oversight District introduced by Chair Leek
12:24:05 PM Chair Leek
12:24:20 PM Senator Mayfield moves to recommend confirmation
12:24:22 PM Chair Leek
12:24:25 PM Motion adopted
12:24:28 PM Roll call
12:24:44 PM Confirmations favorable
12:24:48 PM Chair Leek
12:25:02 PM Senator Yarborough moves to vote in the affirmative on Tab 1, CS/SB 198
12:25:09 PM Senator DiCeglie moves to vote in the affirmative on Tab 1, CS/SB 198
12:25:12 PM Chair Leek
12:25:23 PM Senator Yarborough moves to adjourn
12:25:26 PM Meeting adjourned
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           CS/SB 198
INTRODUCER:     Banking and Insurance Committee and Senator Rouson
SUBJECT:        Virtual Currency Kiosks
DATE:           February 3, 2026                REVISED:


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



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




  I.    Summary:

        CS/SB 198 establishes a regulatory framework for virtual currency kiosks and protects users of
        kiosks by:
        • Requiring a virtual currency kiosk business (except licensed money transmitters) to comply
            with registration requirements.
        • Requiring that virtual currency kiosks must:
                o Ask each customer the amount of any of the customer’s other virtual currency
                   transactions conducted the same calendar day; and
                o Provide a notice to customers that fraud that begins with contact from strangers lying
                   about their identity.
        • Restricting the total dollar amount of all transactions per customer each calendar day to
            $2,000 for new customers and $10,000 for existing customers.
        • Requiring a customer to be provided with an electronic receipt.
        • Requiring a full refund in specified circumstances.

        The bill has an indeterminate fiscal impact on state government expenditures. See Section V.
        Fiscal Impact Statement.

        The bill is effective January 1, 2027.
BILL: CS/SB 198                                                                                                      Page 2

    II.   Present Situation:

          A virtual currency kiosk, also known as a cryptocurrency kiosk or a Bitcoin automatic teller
          machine (ATM), is a physical machine that enables customers to exchange virtual currencies for
          fiat currency or other virtual currencies.1 As of January 2026, there are over 30,000 virtual
          currency kiosks in the United States.2 Consumers are typically charged fees between 9 percent
          and 12 percent of the value of the transaction, but such fees may range from four percent to
          greater than 20 percent of the value of a transaction.3

          A virtual currency kiosk may be unidirectional, allowing only the sale of virtual currency, or
          bidirectional, allowing both the sale and purchase of virtual currency.4 To purchase virtual
          currency from a kiosk, a consumer may store the purchased virtual currency in their own wallet
          or send the currency to a third party’s wallet if the purchaser has a quick response (QR) code to
          that person’s wallet.5 To sell virtual currency from a kiosk, a user deposits it into the machine’s
          wallet, usually via a QR code displayed on the kiosk’s screen, and the kiosk dispenses cash when
          the transaction is completed.6

          Federal Regulation

          The Financial Crimes Enforcement Network (“FinCEN”), a bureau of the United States
          Department of Treasury,7 is responsible for safeguarding the financial system from illegal use,
          combatting money laundering and related crimes, and promoting national security.8 Unless an
          exception applies, a money services business9 (MSB) must register with FinCEN.10 An MSB
          registration period is two calendar years.11 Any person who fails to comply with the registration
          requirements is liable for a civil penalty of $5,000 for each violation.12 An MSB must develop,
          implement, and maintain an anti-money laundering program that includes, among other things,
          verifying customer identification.13 An MSB must also comply with anti-money laundering
          reporting requirements, such as reporting certain payment transactions by, through, or to the
          MSB that involve a transaction of more than $10,000.14

1
  National Association of Attorneys General, Your Bitcoin on Every Block: An Introduction to Cryptocurrency Kiosks,
May 4, 2022, available at Your Bitcoin on Every Block: An Introduction to Cryptocurrency Kiosks (naag.org) (last visited
Feb. 3, 2026) (hereinafter cited as “Attorneys General Article on Cryptocurrency Kiosks”).
2
  Coin ATM Radar, Bitcoin ATM Installations Growth (United States), available at Bitcoin ATM Installation Growth in
United States (last visited Feb. 3, 2026).
3
  Attorneys General Article on Cryptocurrency Kiosks.
4
  Id.
5
  Id.
6
  Id.
7
  31 C.F.R. s. 1010.100(s).
8
  The U.S. Treasury Financial Crimes Enforcement Network, Financial Crimes Enforcement Network: Mission, available at
Mission | FinCEN.gov (last visited Feb. 3, 2026).
9
  “Money services business” is defined as a person wherever located doing business, whether or not on a regular basis or as
an organized or licensed business concern, wholly or in substantial part within the United States, in one or more of the
capacities specified under federal law. 31 C.F.R. s. 1010.100(ff).
10
   31 C.F.R. s. 1022.380(a).
11
   31 C.F.R. s. 1022.380(b).
12
   31 C.F.R. s. 1022.380(e) (providing that each day a violation continues constitutes a separate violation).
13
   31 C.F.R. s. 1022.210.
14
   31 C.F.R. s. 1010.311.
BILL: CS/SB 198                                                                                                           Page 3


         FinCEN has issued guidance that, unless an exception applies, an administrator15 or exchanger16
         that: (a) accepts or transmits, or (b) buys or sells, virtual currency17 is a money transmitter that
         are subject to money services business registration, reporting, and recordkeeping requirements.18
         Therefore, FinCEN treats virtual currency kiosk operators as MSBs, subject to registration
         regulations.19 Notwithstanding this requirement, the United States Government Accountability
         Office (“GAO”) reports that only 164 of the estimated 297 kiosk operators in the United States
         were registered in 2020, which has contributed to federal agencies, such as FinCEN, facing
         challenges in identifying virtual currency kiosk locations.20

         Florida Regulation of Money Services Businesses

         The Florida Office of Financial Regulation (OFR) is responsible for all activities of the Financial
         Services Commission (Commission) relating to the regulation of banks, credit unions, other
         financial institutions, finance companies, and the securities industry.21

         Money Services Businesses
         As part of the OFR’s responsibilities, the OFR oversees MSBs. As of January 2025, there were
         663 MSBs licensed by the OFR, with an additional 42,846 authorized locations and branches.22
         An MSB includes any person located or doing business in Florida who acts as, amongst other




15
   “Administrator” is defined as “a person engaged as a business in issuing (putting into circulation) a virtual currency, and
who has the authority to redeem (to withdraw from circulation) such virtual currency.” The U. S. Treasury FinCEN,
Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual Currencies, Mar. 18, 2013,
available at Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual Currencies |
FinCEN.gov (last visited Feb. 3, 2026) (hereinafter cited as “FinCEN Guidance on Persons Administering, Exchanging, or
Using Virtual Currency”).
16
   “Exchanger” is defined as “a person engaged as a business in the exchange of virtual currency for real currency, funds, or
other virtual currency.” Id.
17
   “Virtual Currency” is defined as “a medium of exchange that operates like a currency in some environments, but does not
have all of the attributes of real currency.” “Convertible” virtual currency has an equivalent value in real currency or acts as a
substitute for real currency. Id.
18
   FinCEN Guidance on Persons Administering, Exchanging, or Using Virtual Currency. “Money transmitter” is defined as
“a person who provides money transmitter services, which means the acceptance of currency, funds, or other value that
substitutes for currency from one person and the transmission of currency, funds, or other value that substitutes for currency
to another location or person by any means.” “Any means” includes, but is not limited to, “a financial agency or institution, a
Federal Reserve Bank, an electronic funds transfer network, or an informal value transfer system.”
31 C.F.R. s. 1010.100(ff)(5)(A).
19
   Id.; See also Article on US GAO Urges New Virtual Currency Regulations.
20
   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 Feb. 3, 2026).
21
   Section 20.121(3)(a)2., F.S.
22
   Email from Jason Holloway, Director of Fintech Policy, OFR to Jacqueline Moody, Florida Senate Committee on Banking
and Insurance, Senior Attorney, Re: SB 292 – Virtual Currency Kiosk, (Mar. 18, 2025) (on file with the Senate Committee on
Banking and Insurance).
BILL: CS/SB 198                                                                                                             Page 4

         things, a money transmitter.23,24 Money transmitters reported $591,129,248,691 in transmissions
         during the Fiscal Year 2024-2025.25

         Licenses issued to MSBs are valid until April 30 of the second year following the date of
         issuance and are valid for two years.26 An MSB that does not renew its license by April 30 of its
         expiration year is deemed inactive, and if the license is not reactivated within 60 days, it will
         permanently expire.27 An MSB must submit any application required by rule and pay the renewal
         or reactivation fee online via the Regulatory Enforcement and Licensing (REAL) System to
         renew or reactivate a license.28

         Once licensed, an MSB is required to report any change in control persons.29,30 If any person,
         directly or indirectly, or acting by or through one or more persons, proposes to purchase or
         acquire a controlling interest in an MSB, such person or group must submit a new application for
         licensure at least 30 days before such purchase or acquisition.31 Such a change of control
         application is not required if the person or group of persons has previously complied with
         applicable licensing provisions, provided that they are currently affiliated with the MSB, or if the
         person or group of persons is currently licensed with the OFR as an MSB.32 A change of control
23
   Section 560.103(24), F.S. defines “money transmitter” as corporation, limited liability company, limited liability
partnership, or foreign entity qualified to do business in Florida which receives currency, monetary value, a payment
instrument, or virtual currency23 for the purpose of acting as an intermediary to transmit currency, monetary value, a payment
instrument, or virtual currency from one person to another location or person by means, including transmission by wire,
facsimile, electronic transfer, courier, the Internet, or through bill payment services or other businesses that facilitate such
transfer within this country, or to or from this country. The term includes only an intermediary that can unilaterally execute or
indefinitely prevent a transaction.
24
   Section 560.103(23), F.S.
25
   Email from Jason Holloway, Director of Fintech Policy, OFR to Jacqueline Moody, Florida Senate Committee on Banking
and Insurance, Senior Attorney, Re: SB 198 – Virtual Currency, (Jan. 15, 2026) (on file with the Senate Committee on
Banking and Insurance) (hereinafter cited as “OFR Email Re: SB 198”).
26
   Section 560.141(2), F.S.
27
   Section 560.142(4), F.S.
28
   Section 560.142(1), F.S.
29
   Section 560.103(10), F.S., defines “Control person,” with respect to a money services business, as any of the following:
(a) A person who holds the title of president, treasurer, chief executive officer, chief financial officer, chief operations officer,
chief legal officer, or compliance officer for a money services business; (b) A person who holds any of the officer, general
partner, manager, or managing member positions named in the money services business’s governing documents. As used in
this paragraph, the term “governing documents” includes bylaws, articles of incorporation or organization, partnership
agreements, shareholder agreements, and management or operating agreements; (c) A director of the money services
business’s board of directors; (d) A shareholder in whose name shares are registered in the records of a corporation for profit,
whether incorporated under the laws of this state or organized under the laws of any other jurisdiction and existing in that
legal form, who owns 25 percent or more of a class of the company’s equity securities; (e) A general partner or a limited
partner, as those terms are defined in s. 620.1102, F.S., who has a 25 percent or more transferable interest, as defined in
s. 620.1102, F.S., of a limited partnership, limited liability limited partnership, foreign limited partnership, or foreign limited
liability limited partnership, as those terms are defined in s. 620.1102, F.S. (f) A member, who is a person that owns a
membership interest in a limited liability company or a foreign limited liability company, as those terms are defined in
s. 605.0102(36) and (26), F.S., respectively, that holds a 25 percent or more membership interest in such company. As used
in this subsection, the term “membership interest” means a member’s right to receive distributions or other rights, such as
voting rights or management rights, under the articles of organization; (g) A natural person who indirectly owns 25 percent or
more of the shares or stock interest, transferable interest as defined in s. 620.1102, F.S., or membership interest as defined in
paragraph (f), of any legal entities referred to in paragraphs (d)-(f).
30
   Section 560.126(3), F.S.
31
   Section 560.126(3)(a), F.S.; r. 69v-560.201(4), F.A.C.
32
   Section 560.126(3)(c), F.S.; r. 69v-560.201(6), F.A.C.
BILL: CS/SB 198                                                                                                          Page 5

         application must be accompanied by the payment of an initial licensing fee33 and a fee per branch
         or authorized vendor,34 up to a maximum of $20,000.35

         The OFR has enforcement authority against MSBs for violating any state law relating to the
         detection and prevention of money laundering.36

         Virtual Currency Kiosk Businesses
         The OFR reports that there are currently 39 known operators and 3,178 known kiosks in
         Florida.37 Under current Florida law, an operator of a virtual currency kiosk that falls within the
         definition of a money transmitter is required to be licensed as an MSB. Florida does not have a
         separate regulatory regime for virtual currency businesses or virtual currency kiosk businesses.

         The OFR reports that the Federal Bureau of Investigation (FBI) and the Federal Trade
         Commission (FTC) have received complaints from Florida of alleged victim losses related to
         virtual currency kiosks totaling about $33 million38 to approximately 1,739 Florida victims from
         January 2020 to March 2025.39 Since January 2024, the OFR has opened approximately
         75 investigations regarding approximately $1.8 million in losses related to virtual currency
         kiosks.40

         Other States’ Laws

         More than 10 states have passed laws regulating virtual currency kiosks.41 All of the states that
         regulate kiosks have requirements for operators of the kiosks to be licensed or registered,42




33
   Fees are determined by whether the MSB is licensed under Part II or Part III of Chapter 560. Initial licensing fees under
Part II licenses require a $375 license application fee per s. 560.143(1)(a), F.S. Part III licenses require a $188 license
application fee per s. 560.143(b), F.S.
34
   Section 560.143(1)(c) and (d), F.S., provides that both the per branch fee and the authorized vendor fee are $38.
35
   Section 560.143(1)(g), F.S.
36
   Section 560.123, F.S.
37
   OFR Email Re: SB 198 (citing Coin ATM Radar, Bitcoin ATMs in Florida, available at: Bitcoin ATM Florida, FL United
States (last visited Feb. 3, 2026)).
38
   OFR Email Re: SB 198.
39
   Email from Jason Holloway, Director of Fintech Policy, OFR, to Jacqueline Moody, Florida Senate Committee on Banking
and Insurance, Senior Attorney, Virtual Currency Kiosk Businesses, (Mar. 18, 2025) (on file with Senate Committee on
Banking and Insurance) (forwarding email from Alex B Toledo, Chief, Bureau of Financial Investigations, OFR to Jason
Holloway, Director of Fintech Policy, OFR, Re: [EXT] HB 319 Virtual Currency Kiosk Businesses, (Mar. 10, 2025) (on file
with the Senate Committee on Banking and Insurance)).
40
   Id.
41
   Arizona (A.R.S. s. 6-1236), Arkansas (A.C.A. s. 23-55-1008), California (CA Fin. Code ss. 3901 – 3907), Colorado (SB
25-079), Connecticut (Conn. Gen. Stat. 36a-595 to 36a-612), Illinois (30 ILCS 105/5.1030), Iowa (Iowa Code s. 533C.1004),
Louisiana (La. Act No. 369 (HB 483) (2025)), Maryland (Md. Code, Financial Institutions, s. 12-1201 et seq.), Missouri
(RSMo s. 361.1100), Nebraska (Neb. Rev. Stat. ss. 8-3032 – 8-3042), North Dakota (HB 1447 (2025)), Oklahoma (Okla.
Stat. tit. 6, s. 1520), Rhode Island (R.I. Gen. Law ss. 19-14.3-3.9 to 3.13), Vermont (8 V.S.A. s. 2577), Maine (32 M.R.S. s.
6169).
42
   California does not require a license for operators of kiosks unless, on or after July 1, 2026, the operator engages in digital
financial asset business activity via kiosks. Cal. Fin. Code s. 3907.
BILL: CS/SB 198                                                                                                    Page 6

        except Colorado and Iowa.43 All of them have consisted of all or some44 of the following
        provisions that require:
        • Specified disclosures before a customer can initiate a transaction;
        • An electronic receipt to be provided to the customer upon completion of a transaction;
        • A refund to be issued to certain customers in specified circumstances; and
        • An owner or operator to limit the daily transaction amount per customer.

        Some state laws contain additional protections; for instance, several states provide for anti-fraud
        regulation45 and fee caps.46

III.    Effect of Proposed Changes:

        CS/SB 198 establishes the regulatory framework for virtual currency kiosks, including
        registration and disclosure requirements, daily transaction limits, and requirements to provide an
        electronic receipt for each transaction and refunds if certain conditions are met.

        Section 1 amends s. 560.103, F.S., revising the definition of “money services businesses” to
        include virtual currency kiosk businesses as a type of money service business. The bill also
        defines the following terms:
        • “Virtual currency kiosk” means an electronic terminal that acts as a mechanical agent of the
            kiosk business, enabling the kiosk business to facilitate the exchange of virtual currency for
            fiat currency or other virtual currency for a customer.
        • “Virtual currency kiosk business” or “kiosk business” means a corporation, limited liability
            company, limited liability partnership, or foreign entity qualified to do business in this state
            which offers virtual currency kiosk services to a customer in this state.
        • “Virtual currency kiosk transaction” means the process in which a customer uses a virtual
            currency kiosk to exchange virtual currency for fiat currency or other virtual currency. A
            transaction begins at the point at which the customer is able to initiate a transaction after the
            customer is given the option to select the type of transaction or account and does not include
            any of the screens that display the required terms and conditions, disclaimers, or attestations.

        Section 2 amends s. 560.105, F.S., authorizing the Financial Services Commission to adopt rules
        to regulate virtual currency kiosk businesses.

        Section 3 creates part V of ch. 560, F.S., entitled “Virtual Currency Kiosk Businesses,” in which
        the provisions regulating virtual currency kiosk businesses are contained.

        Section 4 creates s. 560.501, F.S., defining the following terms:


43
   Colorado SB 25-079 (2025); Iowa Code s. 533C.1004.
44
   California law does not require a refund in specified circumstances. See Cal. Fin. Code s. 3901-3907. Louisiana law does
not provide for receipt requirements. See La. Act No. 369 (HB 483) (2025)). Missouri law does not provide daily transaction
limits. See Mo. Rev. Stat. s. 361.1100. Vermont law does not provide for specific disclosure requirements or receipt
requirements. See 8 V.S.A. s. 2577.
45
   Examples include Louisiana, Nebraska, North Dakota, and Vermont.
46
   Examples include California, Illinois, Iowa, Maryland, Oklahoma, Rhode Island, and Maine have fee caps. Connecticut
authorizes the Banking Commissioner to establish a schedule of maximum fees for specific kiosk services.
BILL: CS/SB 198                                                                                     Page 7

      •   “Blockchain” means a mathematically secured, chronological, decentralized, distributed, and
          digital ledger or database that consists of records of transactions that cannot be altered
          retroactively.
      •    “Blockchain analytics” means the process of examining, monitoring, and gathering insights
          from the data and transaction patterns on a blockchain network. The primary aims of
          blockchain analytics are to understand and monitor the network’s health, track transaction
          flows, and identify potential security threats, including illicit activity, in order to extract
          actionable insights.
      •    “Daily transaction limit” means a new customer transaction of no more than $2,000 per
          calendar day, or an existing customer transaction of no more than $10,000 per calendar day,
          whether through a single transaction or multiple transactions or whether through one or more
          virtual currency kiosks.
      •   “Existing customer” means a customer who has transacted with the owner or operator of a
          virtual currency kiosk for 7 or more days.
      •   “New customer” means a customer who has transacted with the owner or operator of a
          virtual currency kiosk for fewer than 7 days.
      •   “Registrant” means a corporation, limited liability company, limited liability partnership, or
          foreign entity qualified to do business in this state which offers virtual currency kiosk
          services and receives notice from the OFR that the agency has granted an application for
          registration.
      •   “Transaction hash” means 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.
      •   “Wallet” means hardware or software that enables a customer to store, use, send, receive, and
          spend virtual currency or store virtual currency private keys or passcodes enabling the same.

      Section 5 creates s. 560.502, F.S., prohibiting a virtual currency kiosk business from operating in
      the state without first registering, or renewing its registration. The OFR must give written notice
      to each applicant that the OFR has granted or denied the application for registration. A money
      transmitter that is licensed as a money services business is exempt from registration as a virtual
      currency kiosk business but is subject to ss. 560.504 through 560.507, F.S. An entity may not
      operate as an intermediary with the ability to unilaterally execute or indefinitely prevent a virtual
      currency kiosk transaction, or otherwise act as a money transmitter, without being licensed as a
      money services business. A virtual currency kiosk business registration is not transferable or
      assignable.

      Section 6 creates s. 560.503, F.S., providing the information an applicant must submit to apply
      to register as a virtual currency kiosk business. Such information must include:
      • A completed registration application on the form with the following information:
                   o The legal name and the physical and mailing addresses of the applicant.
                   o The date of the applicant’s formation and any state in which the applicant was
                       formed.
                   o The name, social security number, alien identification or taxpayer identification
                       number, business and residence addresses, and employment history for the past 5
                       years for each control person.
BILL: CS/SB 198                                                                                   Page 8

                 o A description of the organizational structure of the applicant and the disclosure of
                     whether any parent or subsidiary is publicly traded.
                 o The name and mailing address of the registered agent.
                 o The physical address of each virtual currency kiosk through which the applicant
                     proposes to conduct or is conducting business in this state.
                 o An attestation that the applicant has developed clearly documented policies,
                     processes, and procedures regarding the use of blockchain analytics to prevent
                     transfers to wallet addresses linked to known criminal activity, including specified
                     information.
                 o Any other information required ch. 560, F.S., or commission rule.
      •   Any information needed to resolve any deficiencies found in the application within a time
          period prescribed by rule.

      A virtual currency kiosk business operating in this state on or before January 1, 2027, must
      submit a registration application to the OFR within 30 days after that date. A registrant must
      report, on a form prescribed by rule of the commission, any change to the information contained
      in an application form within 30 days after the change is effective.

      A registrant must renew its registration annually on or before December 31 of the year preceding
      the expiration date of the registration. To renew such registration, the registrant must submit a
      renewal application that provides:
      • Any changes in the required information contained in an initial registration application, or an
          affidavit signed by the registrant that the information remains the same as the prior year’s
          information.
      • Upon request by the OFR, evidence that the registrant has been operating in compliance with
          ss. 560.504 through 560.507, F.S., which may be prescribed by rule and may include:
          o Current disclosures presented to customers during the transaction process.
          o Current use of blockchain analytics to prevent transfers to wallet addresses linked to
              known criminal activity.

      A registration that is not renewed by December 31 of the year preceding expiration will be made
      inactive for 60 days. A registrant is not allowed to conduct business while its registration is
      inactive. To renew an inactive registration, a registrant must submit, within 60 days after the
      registration becomes inactive, all of the following:
      • Any changes in the required information contained in an initial registration application, or an
          affidavit signed by the registrant that the information remains the same as the prior year’s
          information.
      • Evidence that the registrant has been operating in compliance with ss. 560.504 through
          560.507, F.S., as prescribed by commission rule, may include:
          o Current disclosures presented to customers during the transaction process.
          o Reports that confirm compliance with daily transaction limits.
          o Copies of receipts provided to customers.
          o Records showing refunds provided to customers in required circumstances.
          o Current use of blockchain analytics to prevent transfers to wallet addresses linked to
              known criminal activity.
BILL: CS/SB 198                                                                                    Page 9

      Any renewal registration made under this provision becomes effective on the date the OFR
      approves the application for registration. The OFR must approve the application for renewal
      registration within a timeframe prescribed by rule. Unless an exception applies for a licensed
      money transmitter, a registration will expire if a virtual currency kiosk fails to submit an
      application to renew a registration within 60 days after the registration becomes inactive. If the
      registration expires, a new application to register the virtual currency kiosk business must be
      submitted to the OFR, and the OFR must issue a registration certificate before the virtual
      currency kiosk business may operate.

      The OFR may deny a prospective registrant’s initial registration application or the registrant’s
      renewal application if a control person of a registrant or prospective registrant has engaged in
      any unlawful business practice, or been convicted or found guilty of, or pled guilty or nolo
      contendere to, regardless of adjudication, a crime involving dishonest dealing, fraud, acts of
      moral turpitude, or other acts that reflect an inability to engage lawfully in the business of a
      registered virtual currency kiosk business. The OFR must deny an application to renew a virtual
      currency kiosk business registration that fails to provide any requested or required evidence of
      compliance. Any false statement made by a virtual currency kiosk business in an application for
      registration renders the registration void. A void registration may not be construed as creating a
      defense to any prosecution for violation of chapter 560, F.S.

      Section 7 creates s. 560.504, F.S., providing that before a customer initiates a virtual currency
      kiosk transaction, the virtual currency kiosk business must ensure that the virtual currency kiosk:
      • Requires a customer to confirm whether the customer has conducted any transactions at
          another kiosk on the same calendar day and any amount of such transaction to determine how
          much a customer may transact at the kiosk before reaching the daily transaction limit.
      • Clearly and consciously display the following disclosure to the customer:

             WARNING: 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 8 creates s. 560.505, F.S., prohibiting a kiosk business from allowing a new customer or
      an existing customer to transact more than $2,000 or $10,000 per calendar day, respectively,
      through a single or multiple transactions.

      Section 9 creates s. 560.506, F.S., providing that once the transaction is completed, the kiosk
      business must provide the customer with an electronic receipt that includes the following
      information:
      • The name and contact information of the kiosk business, including an email address and a
          toll-free telephone number for such business.
      • The date, time, amount of the transaction in United States dollars, and type of transaction.
      • The transaction hash and each wallet used.
      • The total fee charged for the transaction.
BILL: CS/SB 198                                                                                    Page 10

      •    The exchange rate, if applicable.
      •    A statement of the kiosk business’s liability, if any, for nondelivery or delayed delivery of
           the currency.
      •    The refund policy of the kiosk business.

      Section 10 creates s. 560.507, F.S., requiring a kiosk business to issue a full refund within 72
      hours to a customer for their first virtual currency transaction if:
      • The customer transferred virtual currency to a wallet or exchange located outside the United
         States;
      • Within 60 days, the customer notifies both the kiosk business and a law enforcement or
         governmental agency regarding the fraudulent nature of the transaction; and
      • The customer provides proof of the alleged fraud to the kiosk business, such as a police
         report or a notarized affidavit.

      Section 11 provides that, except as otherwise expressly provided in this act, the bill is effective
      January 1, 2027.

IV.   Constitutional Issues:

      A.      Municipality/County Mandates Restrictions:

              None.

      B.      Public Records/Open Meetings Issues:

              None.

      C.      Trust Funds Restrictions:

              None.

      D.      State Tax or Fee Increases:

              None.

      E.      Other Constitutional Issues:

              None identified.

V.    Fiscal Impact Statement:

      A.      Tax/Fee Issues:

              None.

      B.      Private Sector Impact:

              None.
 BILL: CS/SB 198                                                                                                   Page 11

         C.       Government Sector Impact:

                  The OFR reports the bill has an indeterminate fiscal impact on state government
                  expenditures because “[i]t is unknown whether this bill will apply to licensed money
                  transmitters.”47

 VI.     Technical Deficiencies:

         None.

VII.     Related Issues:

         None.

VIII.    Statutes Affected:

         This bill substantially amends the following sections of the Florida Statutes: 560.103 and
         560.105.

         This bill creates the following sections of the Florida Statutes: 560.501, 560.502, 560.503,
         560.504, 560.505, 560.506, and 560.507.

 IX.     Additional Information:

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

                  CS by Banking and Insurance Committee on January 28, 2026:
                  • Amends the definition of “money services businesses” to include kiosk businesses as
                     a type of money services businesses.
                  • Creates part V of ch. 560, F.S., relating to Virtual Currency Kiosk Businesses.
                  • Effective March 1, 2027, provides a kiosk business may not operate in the state
                     without first registering with the OFR, except licensed money transmitters.
                  • Prohibits an entity from acting as an intermediary without being licensed as a money
                     transmitter.
                  • Prohibits a kiosk business registration from being transferred or assigned.
                  • Requires a kiosk business to comply with certain registration requirements.
                  • Requires the OFR to deny a kiosk business registration application in certain
                     circumstances.
                  • Voids a kiosk business registration if false information is provided in an application
                     for registration.
                  • Requires a kiosk to confirm whether the customer has conducted any transactions at
                     another virtual currency kiosk on the same calendar day and any amount of such
                     transaction.


 47
   The OFR, 2026 Agency Legislative Bill Analysis, Florida Office of Financial Regulation for SB 198, p. 3, Dec. 30, 2025
 (on file with the Senate Committee on Banking and Insurance).
BILL: CS/SB 198                                                                                                                     Page 12

               •    Clarifies the maximum amount a customer may transact per virtual currency kiosk
                    each calendar day.
               •    Clarifies the information a kiosk business must include in an electronic receipt that is
                    provided to a customer who completes a virtual currency kiosk transaction.
               •    Clarifies that a customer must provide proof of the “alleged” fraud to a kiosk business
                    to receive a refund.
               •    Defines terms relating to virtual currency kiosks, blockchain technology, and
                    transaction limits.
               •    Makes conforming changes.

      B.       Amendments:

               None.

       This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
      Florida Senate - 2026                                  CS for SB 198         Florida Senate - 2026                                 CS for SB 198



      By the Committee on Banking and Insurance; and Senator Rouson




      597-02288-26                                               2026198c1         597-02288-26                                               2026198c1
1                             A bill to be entitled                          30         renewal application; requiring registrants to be made
2          An act relating to virtual currency kiosks; amending              31         inactive for a specified timeframe under certain
3          s. 560.103, F.S.; revising the definition of the term             32         circumstances; prohibiting registrants from conducting
4          “money services business”; defining terms; amending s.            33         business while registration is inactive; specifying
5          560.105, F.S.; revising the requirements for certain              34         requirements for registrants to renew an inactive
6          rules adopted by the Financial Services Commission;               35         registration; providing that a renewal registration
7          creating part V of ch. 560, F.S., entitled “Virtual               36         becomes effective on a specified date; requiring the
8          Currency Kiosk Businesses”; creating s. 560.501, F.S.;            37         office to approve applications for renewal
9          defining terms; creating s. 560.502, F.S.; prohibiting            38         registration within a specified timeframe; providing
10         a virtual currency kiosk business from operating in               39         that a registration expires under certain
11         this state without registering or renewing its                    40         circumstances; providing requirements if a
12         registration; requiring the Office of Financial                   41         registration expires; authorizing the office to deny
13         Regulation to give a specified notice to applicants;              42         certain applications under certain circumstances;
14         specifying that certain money transmitters are exempt             43         providing that certain false statements made by a
15         from registration as a virtual currency kiosk business            44         virtual currency kiosk business render its
16         but are subject to certain provisions; prohibiting                45         registration void; providing construction; creating s.
17         certain entities from performing certain actions                  46         560.504, F.S.; requiring a virtual currency kiosk
18         without being licensed as a money services business;              47         business to ensure that the virtual currency kiosk
19         specifying that virtual currency kiosk business                   48         requires certain attestations from the customer and
20         registrations are not transferable or assignable;                 49         displays a certain disclosure; creating s. 560.505,
21         creating s. 560.503, F.S.; requiring applicants to                50         F.S.; prohibiting a virtual currency kiosk business
22         submit certain information to the office to be                    51         from permitting new or existing customers from
23         registered as a virtual currency kiosk business;                  52         transacting more than specified dollar amounts per
24         requiring certain virtual currency kiosk businesses to            53         calendar day; creating s. 560.506, F.S.; requiring a
25         submit a registration application to the office by a              54         virtual currency kiosk business to provide a customer
26         specified date; requiring registrants to report a                 55         with a specified electronic receipt upon completion of
27         change in the information within a specified                      56         a virtual currency transaction; creating s. 560.507,
28         timeframe; requiring registrants to renew their                   57         F.S.; requiring a virtual currency kiosk business to
29         registration annually; specifying requirements for a              58         issue a full refund under certain circumstances;

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      Florida Senate - 2026                                CS for SB 198            Florida Senate - 2026                                CS for SB 198




      597-02288-26                                               2026198c1          597-02288-26                                               2026198c1
59         providing effective dates.                                        88     select the type of transaction or account and does not include
60                                                                           89     any of the screens that display the required terms and
61    Be It Enacted by the Legislature of the State of Florida:              90     conditions, disclaimers, or attestations.
62                                                                           91          Section 2.   Paragraph (b) of subsection (2) of section
63         Section 1.   Subsection (23) of section 560.103, Florida          92     560.105, Florida Statutes, is amended to read:
64    Statutes, is amended, and subsections (37) through (39) are            93          560.105 Supervisory powers; rulemaking.—
65    added to that section, to read:                                        94          (2) The commission may adopt rules pursuant to ss.
66         560.103 Definitions.—As used in this chapter, the term:           95     120.536(1) and 120.54 to administer this chapter.
67         (23) “Money services business” means any person located in        96          (b) Rules adopted to regulate money services businesses,
68    or doing business in this state, from this state, or into this         97     including deferred presentment providers and virtual currency
69    state from locations outside this state or country who acts as a       98     kiosk businesses, must be responsive to changes in economic
70    payment instrument seller, foreign currency exchanger, check           99     conditions, technology, and industry practices.
71    casher, or money transmitter, or virtual currency kiosk                100         Section 3.   Part V of chapter 560, Florida Statutes,
72    business.                                                              101    consisting of ss. 560.501-560.507, Florida Statutes, is created
73         (37) “Virtual currency kiosk” means an electronic terminal        102    and entitled “Virtual Currency Kiosk Businesses.”
74    that acts as a mechanical agent of the kiosk business, enabling        103         Section 4.   Section 560.501, Florida Statutes, is created to
75    the kiosk business to facilitate the exchange of virtual               104    read:
76    currency for fiat currency or other virtual currency for a             105         560.501 Definitions.—For purposes of this part, the term:
77    customer.                                                              106         (1) “Blockchain” means a mathematically secured,
78         (38) “Virtual currency kiosk business” or “kiosk business”        107    chronological, decentralized, distributed, and digital ledger or
79    means a corporation, limited liability company, limited                108    database that consists of records of transactions that cannot be
80    liability partnership, or foreign entity qualified to do               109    altered retroactively.
81    business in this state which offers virtual currency kiosk             110         (2) “Blockchain analytics” means the process of examining,
82    services to a customer in this state.                                  111    monitoring, and gathering insights from the data and transaction
83         (39) “Virtual currency kiosk transaction” means the process       112    patterns on a blockchain network. The primary aims of blockchain
84    in which a customer uses a virtual currency kiosk to exchange          113    analytics are to understand and monitor the network’s health,
85    virtual currency for fiat currency or other virtual currency. A        114    track transaction flows, and identify potential security
86    transaction begins at the point at which the customer is able to       115    threats, including illicit activity, in order to extract
87    initiate a transaction after the customer is given the option to       116    actionable insights.

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       Florida Senate - 2026                                CS for SB 198            Florida Senate - 2026                                CS for SB 198




       597-02288-26                                              2026198c1           597-02288-26                                             2026198c1
117         (3) “Daily transaction limit” means a new customer                146         (1) Except as provided in subsection (2), a virtual
118    transaction of no more than $2,000 per calendar day, or an             147    currency kiosk business may not operate in this state without
119    existing customer transaction of no more than $10,000 per              148    first registering, or renewing its registration, in accordance
120    calendar day, whether through a single transaction or multiple         149    with s. 560.503. The office shall give written notice to each
121    transactions or whether through one or more virtual currency           150    applicant that the office has granted or denied the application
122    kiosks.                                                                151    for registration.
123         (4) “Existing customer” means a customer who has transacted       152         (2) A money transmitter that is licensed as a money
124    with a kiosk business on its virtual currency kiosk for 7 or           153    services business pursuant to s. 560.141 and offers virtual
125    more days.                                                             154    currency kiosk services is exempt from registration as a virtual
126         (5) “New customer” means a customer who has transacted with       155    currency kiosk business but is subject to ss. 560.504, 560.505,
127    a kiosk business on its virtual currency kiosk for fewer than 7        156    560.506, and 560.507.
128    days.                                                                  157         (3) An entity, in the course of its business, may not act
129         (6) “Registrant” means a corporation, limited liability           158    as an intermediary with the ability to unilaterally execute or
130    company, limited liability partnership, or foreign entity              159    indefinitely prevent a virtual currency kiosk transaction, or
131    qualified to do business in this state which offers virtual            160    otherwise meet the definition of a money transmitter as defined
132    currency kiosk services and receives notice from the office that       161    in s. 560.103, without being licensed as a money services
133    the agency has granted an application for registration pursuant        162    business pursuant to s. 560.141.
134    to the provisions of this part.                                        163         (4) A virtual currency kiosk business registration issued
135         (7) “Transaction hash” means a unique identifier consisting       164    under this part is not transferable or assignable.
136    of a string of characters which provides a verifiable record           165         Section 6.   Section 560.503, Florida Statutes, is created to
137    that a transaction has been confirmed and added to the                 166    read:
138    blockchain.                                                            167         560.503 Registration applications.—
139         (8) “Wallet” means hardware or software that enables a            168         (1) To apply to be registered as a virtual currency kiosk
140    customer to store, use, send, receive, and spend virtual               169    business under this part, the applicant must submit all of the
141    currency or store virtual currency private keys or passcodes           170    following information to the office:
142    enabling the same.                                                     171         (a) A completed registration application on forms
143         Section 5.   Effective March 1, 2027, section 560.502,            172    prescribed by rule of the commission. The application must
144    Florida Statutes, is created to read:                                  173    include the following information:
145         560.502 Registration required; exemptions; penalties.—            174         1. The legal name, including any fictitious or trade names

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       Florida Senate - 2026                                CS for SB 198            Florida Senate - 2026                                CS for SB 198




       597-02288-26                                             2026198c1            597-02288-26                                             2026198c1
175    used by the applicant in the conduct of its business, and the          204    rule.
176    physical and mailing addresses of the applicant.                       205         (2) A virtual currency kiosk business operating in this
177         2. The date of the applicant’s formation and the state in         206    state on or before January 1, 2027, must submit a registration
178    which the applicant was formed, if applicable.                         207    application to the office within 30 days after that date.
179         3. The name, social security number, alien identification         208         (3) A registrant shall report, on a form prescribed by rule
180    or taxpayer identification number, business and residence              209    of the commission, any change in the information contained in an
181    addresses, and employment history for the past 5 years for each        210    initial application form or an amendment thereto within 30 days
182    control person as defined in s. 560.103.                               211    after the change is effective.
183         4. A description of the organizational structure of the           212         (4) A registrant must renew its registration annually on or
184    applicant, including the identity of any parent or subsidiary of       213    before December 31 of the year preceding the expiration date of
185    the applicant, and the disclosure of whether any parent or             214    the registration. To renew such registration, the registrant
186    subsidiary is publicly traded.                                         215    must submit a renewal application that provides:
187         5. The name and mailing address of the registered agent in        216         (a) The information required in paragraph (1)(a) if there
188    this state for service of process.                                     217    are changes in the application information, or an affidavit
189         6. The physical address of the location of each virtual           218    signed by the registrant that the information remains the same
190    currency kiosk through which the applicant proposes to conduct         219    as the prior year’s information.
191    or is conducting business in this state.                               220         (b) Upon request by the office, evidence that the
192         7. An attestation that the applicant has developed clearly        221    registrant has been operating in compliance with ss. 560.504,
193    documented policies, processes, and procedures regarding the use       222    560.505, 560.506, and 560.507. Such evidence may be prescribed
194    of blockchain analytics to prevent transfers to wallet addresses       223    by rule by the commission and may include, but need not be
195    linked to known criminal activity, including the manner in which       224    limited to, all of the following:
196    such blockchain analytics activity will integrate into its             225         1. Current disclosures presented to customers during the
197    compliance controls, and that the applicant will maintain and          226    transaction process.
198    comply with such blockchain analytics policies, processes, and         227         2. Current use of blockchain analytics to prevent transfers
199    procedures.                                                            228    to wallet addresses linked to known criminal activity.
200         8. Any other information as required by this chapter or           229         (5) A registrant that does not renew its registration by
201    commission rule.                                                       230    December 31 of the year preceding expiration shall be made
202         (b) Any information needed to resolve any deficiencies            231    inactive for 60 days. A registrant may not conduct business
203    found in the application within a time period prescribed by            232    while its registration is inactive.

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       Florida Senate - 2026                                CS for SB 198            Florida Senate - 2026                                  CS for SB 198




       597-02288-26                                              2026198c1           597-02288-26                                              2026198c1
233         (6) To renew an inactive registration, a registrant must,         262    inactive shall result in the registration becoming expired. If
234    within 60 days after the registration becomes inactive, submit         263    the registration is expired, a new application to register the
235    all of the following:                                                  264    virtual currency kiosk business pursuant to subsection (1) must
236         (a) The information required in paragraph (1)(a) if there         265    be submitted to the office and a certification of registration
237    are changes in the application information, or an affidavit            266    must be issued by the office before the virtual currency kiosk
238    signed by the registrant that the information remains the same         267    business may conduct business in this state.
239    as the prior year’s information.                                       268         (8) If a control person of a registrant or prospective
240         (b) Evidence that the registrant was operating in                 269    registrant has engaged in any unlawful business practice, or
241    compliance with ss. 560.504, 560.505, 560.506, and 560.507. Such       270    been convicted or found guilty of, or pled guilty or nolo
242    evidence may be prescribed by rule by the commission and may           271    contendere to, regardless of adjudication, a crime involving
243    include, but need not be limited to, all of the following:             272    dishonest dealing, fraud, acts of moral turpitude, or other acts
244         1. Current disclosures presented to customers during the          273    that reflect an inability to engage lawfully in the business of
245    transaction process.                                                   274    a registered virtual currency kiosk business, the office may
246         2. Reports that confirm compliance with daily transaction         275    deny the prospective registrant’s initial registration
247    limits.                                                                276    application or the registrant’s renewal application.
248         3. Copies of receipts provided to customers.                      277         (9) The office shall deny the application of a virtual
249         4. Records showing refunds provided to customers in               278    currency kiosk business that submits a renewal application and
250    required circumstances.                                                279    fails to provide evidence of compliance upon request pursuant to
251         5. Current use of blockchain analytics to prevent transfers       280    paragraph (4)(b) or as required in paragraph (6)(b).
252    to wallet addresses linked to known criminal activity.                 281         (10) Any false statement made by a virtual currency kiosk
253                                                                           282    business in an application for registration under this section
254    Any renewal registration made pursuant to this subsection              283    renders the registration void. A void registration may not be
255    becomes effective upon the date the office approves the                284    construed as creating a defense to any prosecution for violation
256    application for registration. The office shall approve the             285    of this chapter.
257    application for renewal registration within a timeframe                286         Section 7.    Section 560.504, Florida Statutes, is created to
258    prescribed by rule.                                                    287    read:
259         (7) Except as provided in s. 560.502(2), failure to submit        288         560.504 Disclosures.—Before a customer initiates a virtual
260    an application to renew a virtual currency kiosk business’s            289    currency kiosk transaction, the virtual currency kiosk business
261    registration within 60 days after the registration becomes             290    must ensure that the virtual currency kiosk:

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       Florida Senate - 2026                                  CS for SB 198          Florida Senate - 2026                                 CS for SB 198




       597-02288-26                                              2026198c1           597-02288-26                                             2026198c1
291         (1) Requires the customer to confirm whether the customer         320    read:
292    has conducted any transactions at another virtual currency kiosk       321         560.506 Mandatory receipt.—Upon completion of a virtual
293    on the same calendar day and any amount of such transactions to        322    currency transaction, the virtual currency kiosk business must
294    determine how much, if any, the customer may transact at the           323    provide the customer with an electronic receipt that includes
295    virtual currency kiosk before reaching the daily transaction           324    all of the following:
296    limit.                                                                 325         (1) The name and contact information of the virtual
297         (2) Clearly and conspicuously display the following               326    currency kiosk business, including an e-mail address and a toll-
298    disclosure to the customer on the screen:                              327    free telephone number for such business.
299                                                                           328         (2) The date, time, amount of the transaction in United
300         WARNING: FRAUD OFTEN STARTS WITH CONTACT FROM A                   329    States dollars, and type of the transaction.
301         STRANGER. IF YOU HAVE BEEN DIRECTED TO THIS MACHINE BY            330         (3) The transaction hash and each wallet used.
302         SOMEONE CLAIMING TO BE A GOVERNMENT AGENT, BILL                   331         (4) The total fee charged for the transaction.
303         COLLECTOR, LAW ENFORCEMENT OFFICER, OR ANYONE YOU DO              332         (5) The exchange rate, if applicable.
304         NOT KNOW PERSONALLY, STOP THIS TRANSACTION IMMEDIATELY            333         (6) A statement of the virtual currency kiosk’s liability,
305         AND CONTACT YOUR FINANCIAL ADVISOR OR LOCAL LAW                   334    if any, for nondelivery or delayed delivery of the virtual
306         ENFORCEMENT.                                                      335    currency.
307                                                                           336         (7) The refund policy of the virtual currency kiosk
308         Section 8.   Section 560.505, Florida Statutes, is created to     337    business.
309    read:                                                                  338         Section 10.   Section 560.507, Florida Statutes, is created
310         560.505 Transaction limits.—A virtual currency kiosk              339    to read:
311    business may not permit a new customer to transact more than           340         560.507 Mandatory refund.—A virtual currency kiosk business
312    $2,000 per calendar day, whether through a single transaction or       341    must issue a full refund within 72 hours to a customer for the
313    multiple transactions or whether through one or more virtual           342    customer’s first virtual currency transaction if all of the
314    currency kiosks. A virtual currency kiosk business may not             343    following conditions are met:
315    permit an existing customer to transact more than $10,000 per          344         (1) The customer transferred virtual currency to a wallet
316    calendar day, whether through a single transaction or multiple         345    or exchange located outside the United States.
317    transactions or whether through one or more virtual currency           346         (2) Within 60 days, the customer notifies the virtual
318    kiosks.                                                                347    currency kiosk business and a law enforcement or governmental
319         Section 9.   Section 560.506, Florida Statutes, is created to     348    agency regarding the fraudulent nature of the transaction.

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       Florida Senate - 2026                                CS for SB 198




       597-02288-26                                             2026198c1
349         (3) The customer provides proof of the alleged fraud to the
350    virtual currency kiosk business, such as a police report or a
351    notarized affidavit.
352         Section 11.   Except as otherwise expressly provided in this
353    act, this act shall take effect January 1, 2027.




                                  Page 13 of 13
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                                                     THE FLORIDA SENATE                                  COMMITTEES:
                                                                                                         Appropriations, Vice Chair
                                                        Tallahassee, Florida 32399-1100                  Agriculture
                                                                                                         Appropriations Committee on Criminal and
                                                                                                          Civil Justice
                                                                                                         Appropriations Committee on Health and
                                                                                                          Human Services
                                                                                                         Children, Families, and Elder Affairs
                                                                                                         Ethics and Elections
                                                                                                         Rules
                                                                                                         JOINT COMMITTEE:
                                                                                                         Joint Legislative Budget Commission
SENATOR DARRYL ERVIN ROLISON
           16th District


      January 28, 2026

      Senator Tom Leek
      Chairman, Committee on Commerce and Tourism
      310 Knot Building
      404 S Monroe St
      Tallahassee, FL 32399

      Dear Chairman Leek,

      I am respectfully requesting SB 198, Virtual Currency Kiosks, be added to the agenda of a
      forthcoming meeting of the Committee on Commerce and Tourism for consideration.

      I am available for any questions you may have about this legislation. Thank you in advance for
      the committee's time and consideration.

      Sincerely-


      -0.«-
      Senator Darryl E. Rouson
      Florida Senate District 16




                     REPLY TO:
                       □ 535 Central Avenue, Suite 302, St. Petersburg, Florida 33701 (727) 822-6828
                       □ 212 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5016
                                                       Senate's Website: www.flsenate.gov


                              BEN ALBRITTON                                                         JASON BRODEUR
                           President of the Senate                                                President Pro Tempore
                                                                                 The Florida Senate
 2/34/26                                                          APPEARANCE RECORD                                                       $B 198
                     Meeting Date                                                                                                                         Bill Number or Topic
                                                                             Deliver both copies of this form to
 Commerce and Tourism                                                 Senate professional staff conducting the meeting

                      Committee                                                                                                                   Amendment Barcode (if applicable)


Name
             Eric Baker                                                                                         Phone (630)373-4767
            ---------------------------

Address      1102 Van Buren Ave.                                                                                Email     ericbaker@satoshiaction.io
            Street

             Oxford               i\
                                                          MS                              38655
            City                                          State                          Zip



               Speaking:       !!j;i'.I• For   ID Against 1iID Information                     OR         waive sealing: [[] wsupon                       [LO Against

                                                                  PLEASE CHECK ONE OF THE FOLLOWING:
 [7- jam appearing without
       compensation or sponsorship.
                                                                     [7-jam a registered lobbyist,
                                                                     lH' representing:
                                                                                                                                          I~
                                                                                                                                          "
                                                                                                                                                I am not a lobbyist, but received
                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                                sponsored by:
                                                                                                                                          Satoshi Action Fund

While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. lfyou have questions about registering to lobby please see Fla. Stat. $11.045 andJoint Rule 1. 2020-2022JointRules.pdf(f]senate.gov)

This form is part of the public record for this meeting.                                                                                                                  S-001    (08/10/2021)
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«.-.            MC@ la
                T
                                                                                                                Phone                                                                            _


Address                                                                                                         Email
            Street



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



                                                                  PLEASE
                                                                       C HECK ONE OF THE FOLLOWING:

 □     I am appearing without                                         ~ I am a registered lobbyist,
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                                                                   f Ass.
       compensation or sponsorship.                                                                                                             something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                                sponsored by:




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that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat.§ 11.045 andJoint Rule 1. 2020-2022JointRules.pdf ((/senate.gov)

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                                                                                 The Florida Senate
2/4/26                                                           APPEARANCE RECORD                                                       198- Virtual Currency Kiosks
                     Meeting Date                                                                                                                         Bill Number or Topic
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Name
            AARP - Karen Murillo                                                                               Ph one
                                                                                                                          850-567-0414                                                           _


Address 215 S. Monroe St., Ste. 603                                                                            Email      kmurillo@aarp.org
            Street

            Tallahassee                                   FL                             32301
            City                                         State                           ZI


               ss»roe f@er foes [[err»to                                                      OR         woe so-otro. [Lfo sorer [for

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




While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard Ifyou have questions about registering to lobby please see Fla. Stat. § I 1.045 and Joint Rule I. 2020-2022JointRules.odf (f/senate.gov)

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                                                                                 The Florida Senate
 February 4, 2026                                                 APPEARANCE RECORD                                                      SB 198
                     Meeting Date                                                                                                                         Bill Number or Topic
                                                                             Deliver both copies of this form to
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Name
             Brian Jogerst                                                                                      »..850.933.1085
Address PO Box 11094                                                                                            Email     brian@thegriffingroup.com
            Street

            Tallahassee                                   FL                             32302
            City                                         State                           Zip



               seal@no: "]ro                 [L] Agan+st []nterao                              OR         waive speaking: /] In support [[] Against


                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

[[]am appearing without
       compensation or sponsorship.
                                                                     I~     I am a registered lobbyist,
                                                                            representing:
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                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
                                                                     Elder Law Section/Florida Bar AND                                          sponsored by:
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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
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                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           CS/CS/SB 422
INTRODUCER:     Commerce and Tourism; Transportation Committee and Senator Wright
SUBJECT:        Automatic Dependent Surveillance-broadcasts
DATE:           February 4, 2026                REVISED:


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



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




  I.    Summary:

        CS/CS/SB 422 prohibits an airport from using information derived from automatic dependent
        surveillance-broadcast (ADS-B) systems emitted from certain aircraft as a means of calculating,
        generating, and collecting fees from aircraft owners or operators if:
        • The operation for which a fee would be assessed is a departure or a landing, including, but
            not limited to, touch-and-go landings.
        • The fee would be assessed based on an aircraft entering into the airspace of the airport where
            the fee is assessed.

        These prohibitions are limited to aircraft with a gross weight of 12,499 pounds or less operating
        under the Federal Aviation Administration’s (FAA) general operating and flight rules.

        This bill does not appear to have a fiscal impact on state or local governments.

        This bill takes effect July 1, 2026.

 II.    Present Situation:

        Florida law defines the term the term “aircraft” to mean a powered or unpowered machine or
        device capable of atmospheric flight, including, but not limited to, an airplane, an autogyro, a
BILL: CS/CS/SB 422                                                                                                   Page 2

        glider, a gyrodyne, a helicopter, a lift and cruise, a multicopter, paramotors, a powered lift, a
        seaplane, a tiltrotor, an ultralight, and a vectored thrust.1

        Automatic Dependent Surveillance-Broadcast (ADS-B)

        Automated Dependent Surveillance-Broadcast (ADS–B) is an advanced surveillance technology
        combining an aircraft’s positioning source, aircraft avionics, and a ground infrastructure to create
        an accurate surveillance interface between aircraft and air traffic control. ADS–B is a
        performance–based surveillance technology that is more precise than radar and consists of two
        different services: ADS–B Out and ADS–B In. ADS-B Out broadcasts information to ground
        stations and other aircraft, once per second, about the aircraft's GPS location, altitude, ground
        speed, and other data. ADS-B In delivers weather and traffic position information directly to the
        cockpit.2

        As of January 1, 2020, the Federal Aviation Administration (FAA) requires aircraft flying in
        most U.S. airspace to be equipped with ADS-B systems.3 While the FAA requires ADS-B for
        safety purposes, the data generated can also be used for safety monitoring, data tracking for
        planning and reporting, and automated fee collection by third parties.4 To address these privacy
        concerns, the FAA offers a privacy protection program that allows owners of certain aircraft to
        request an alternate, temporary call-sign that limits the extent to which an aircraft can be
        identified by non-U.S. government entities while maintaining safety and efficiency for Air
        Traffic Control services.5

        Aircraft Landing Fees in Florida

        Publicly owned and operated airports are authorized to assess fees for the use of airport facilities
        by aircraft, and municipal airports are authorized to charge aircraft owners and operators
        sufficient fees to cover the cost of services provided.6 However, publicly owned airports may not
        charge landing fees for aircraft operations conducted by certain accredited nonprofit institutions
        for flight training.7




1
  Section 330.27(2), F.S., The term does not include a parachute or other such device used primarily as safety equipment.
2
  Federal Aviation Administration, Ins and Outs, available at
https://www.faa.gov/air_traffic/technology/equipadsb/capabilities/ins_outs (last visited Feb. 3, 2026).
3
  14 C.F.R. § 91.225
4
  Altaport, Unlocking the Power of ADS-B: Transforming Operations at Your Airport with ADS-B Operations Tracking and
Reporting, available at: https://www.altaport.com/blog/unlocking-the-power-of-ads-b-transforming-operations-at-your-
airport-with-adsb-operations-tracking-and-reporting (last visited Feb. 3, 2026).
5
  Federal Aviation Administration, ADS-B Privacy, available at https://www.faa.gov/air_traffic/technology/equipadsb/privacy
(last visited Feb. 3, 2026).
6
  Sections 329.40(1) and 332.08(1)(e), F.S.
7
  Section 330.355, F.S. The accredited nonprofit institution must offer a 4-year collegiate aviation program in order for its
flight training operations to be exempt from an airport’s landing fees.
BILL: CS/CS/SB 422                                                                                                       Page 3

         Recently, some Florida airports have considered implementing the automated collection of
         landing fees using ADS-B information.8 One vendor of automatic landing fee services that uses
         ADS-B data to bill and collect landing fees lists at least three Florida airports as clients.9

III.     Effect of Proposed Changes:

         Section 1 creates s. 330.42, F.S., to prohibit an airport from using information broadcast or
         collected by ADS-B systems, regardless of whether the data originates from ADS-B In or ADS-
         B Out, as a means for calculating, generating, and collecting fees from aircraft owners or
         operators who operate aircraft within Florida’s geographic boundaries, if:
         • The operation for which a fee would be assessed is a departure or a landing, including, but
             not limited to, a touch-and-go landing.
         • The fee would be assessed based on an aircraft entering into a specified radius of the airspace
             of the airport assessing the fee.

         The bill defines the term “aircraft” to have the same meaning as in s. 330.27, F.S., except that the
         aircraft must have a gross weight10 of 12,499 pounds or less and operate under the FAA’s
         general operating and flight rules.11

         The bill defines the term “Automated Dependent Surveillance-Broadcast” or “ADS-B” to mean
         an advanced aviation surveillance technology that combines an aircraft’s positioning source,
         aircraft avionics, and a ground infrastructure to create an accurate surveillance interface and air
         traffic control. The term includes two different services, ADS-B In and ADS-B Out, which can
         provide information such as an aircraft’s global positioning system location, altitude, ground
         speed, and other data, to ground stations and other aircraft, as well as weather and traffic
         information to aircraft operators.

         The bill defines the term ”touch-and-go landing” to mean an operation by an aircraft that lands
         and departs on a runway without stopping or exiting the runway.

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

IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

                  None.


8
  General Aviation News Staff, Florida Airports Prepare to Impose Landing Fees, General Aviation News, September 7,
2024, available at https://generalaviationnews.com/2024/09/07/florida-airports-prepare-to-impose-landing-fees/ (last visited
Feb. 3, 2026).
9
  Vector Airport Systems lists the following Florida airports as clients of its “PLANEPASS” service: Kissimmee Gateway
Airport, Tallahassee International Airport, and St. George Island Airport. Vector Airport Systems, About Our Clients,
available at https://www.vector-us.com/clients (last visited Feb. 3, 2026).
10
   Gross Weight refers to the total weight of an aircraft at any given moment, including the aircraft itself, passengers, cargo,
and fuel. See https://www.globeair.com/g/gross-weight (last visited Feb. 3, 2026).
11
   14 C.F.R. part 91. As a reference, the FAA defines the term “small aircraft” to mean an aircraft with a maximum certified
takeoff weight of 12,500 pounds or less. See 14 C.F.R. part 1.
 BILL: CS/CS/SB 422                                                                                             Page 4

        B.      Public Records/Open Meetings Issues:

                None.

        C.      Trust Funds Restrictions:

                None.

        D.      State Tax or Fee Increases:

                None.

        E.      Other Constitutional Issues:

                None identified.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                None.

        C.      Government Sector Impact:

                The bill prohibits airports from using a specified technology to calculate, generate, and
                collect departing, landing, and flyover fees. This may reduce the efficiency of collecting
                such fees; as a result, the fiscal impact is indeterminate.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill creates section 330.42 of the Florida Statutes.

 IX.    Additional Information:

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

                CS by Commerce and Tourism on February 4, 2026:
BILL: CS/CS/SB 422                                                                                                                  Page 5

               The committee substitute clarifies that the prohibition on using aircraft ADS-B data to
               calculate fees applies when the aircraft operation is a departure or a landing, including
               but not limited to, a touch-and-go landing.

               CS by Transportation on January 27, 2026:
               The committee substitute:
               • Defines the term “touch-and-go landing”.
               • Prohibits airports from using ADS-B data as a means for calculating, generating, and
                  collecting landing fees and flyover fees from aircraft owners.

      B.       Amendments:

               None.

       This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
    Florida Senate - 2026                         COMMITTEE AMENDMENT
    Bill No. CS for SB 422




                             Ì388214%Î388214


                             LEGISLATIVE ACTION
          Senate                     .                  House
         Comm: RCS                   .
        02/04/2026                   .
                                     .
                                     .
                                     .




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


1       Senate Amendment
2
3       Delete line 39
4   and insert:
5   a departure or a landing, including, but not limited to, a
6   touch-and-go




                                Page 1 of 1
    2/2/2026 1:51:52 PM                                  577-02394-26
      Florida Senate - 2026                                CS for SB 422           Florida Senate - 2026                                CS for SB 422



      By the Committee on Transportation; and Senator Wright




      596-02248-26                                               2026422c1         596-02248-26                                               2026422c1
1                             A bill to be entitled                          30    exiting the runway.
2          An act relating to automatic dependent surveillance-              31         (2) An airport may not use information broadcast or
3          broadcasts; creating s. 330.42, F.S.; defining terms;             32    collected by automatic dependent surveillance-broadcast systems,
4          prohibiting airports from using information broadcast             33    regardless of whether that data originates from ADS-B In or ADS-
5          or collected by automatic dependent surveillance-                 34    B Out, as a means for calculating, generating, and collecting
6          broadcast systems for specified purposes under certain            35    fees from aircraft owners or operators who operate aircraft
7          circumstances; providing an effective date.                       36    within the geographic boundaries of this state under the
8                                                                            37    following circumstances:
9     Be It Enacted by the Legislature of the State of Florida:              38         (a) When the operation for which a fee would be assessed is
10                                                                           39    a landing, including, but not limited to, a touch-and-go
11         Section 1.   Section 330.42, Florida Statutes, is created to      40    landing.
12    read:                                                                  41         (b) When the fee would be assessed based on an aircraft
13         330.42 Automatic dependent surveillance-broadcasts.—              42    entering into a specified radius of the airspace of the airport
14         (1) For purposes of this section, the term:                       43    assessing the fee.
15         (a) “Aircraft” has the same meaning as in s. 330.27, except       44         Section 2.   This act shall take effect July 1, 2026.
16    that the aircraft must have a gross weight of 12,499 pounds or
17    less and operate under 14 C.F.R. part 91.
18         (b) “Automatic dependent surveillance-broadcast” or “ADS-B”
19    means an advanced aviation surveillance technology that combines
20    an aircraft’s positioning source, aircraft avionics, and a
21    ground infrastructure to create an accurate surveillance
22    interface between an aircraft and air traffic control. The term
23    includes two different services, ADS-B In and ADS-B Out, which
24    can provide information, such as an aircraft’s global
25    positioning system location, altitude, ground speed, and other
26    data, to ground stations and other aircraft, as well as weather
27    and traffic information to aircraft operators.
28         (c) “Touch-and-go landing” means an operation by an
29    aircraft that lands and departs on a runway without stopping or

                                  Page 1 of 2                                                                  Page 2 of 2
     CODING: Words stricken are deletions; words underlined are additions.        CODING: Words stricken are deletions; words underlined are additions.
                                                                                 The Florida Senate

          f    f   f Meeting Date
                                                                 APPEARANCE RECORD
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                                                                             Deliver both copies of this form to

     _oede s fo                                                       Senate professional staff conducting the meeting

                      Committee                                                                                                                  Amendment Barcode (if applicable)


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that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. § 11.045 andJoint Rule 1. 2020-2022JointRules.odf(f/senate.gov)

This form is part of the public record for this meeting.                                                                                                                 S-001    (08/10/2021)
                                                                                 The Florida Senate
2/4/2026                                                          APPEARANCE RECORD                                                      S8422
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                                                                             Deliver both copies of this form to
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            Justin Towles                                                                                                 410-456-9064
Name                                                                                                            Ph one                                                                       _


Address 5110 Saratoga Ave.                                                                                      Email justin@jtrstrategies.com
            Street

            Bethesda                                      MD                             20816
            City                                         State                           Zip



               sos«no fjo [Zar [j«err»toe                                                      OR         wave sea«no:             lj« s.coo [fast

                                                                  PLEASE CHECK ONE OF THE FOLLOWING:
0      I am appearing without
       compensation or sponsorship.
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                                                                            representing:
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                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                                sponsored by:
                                                                                                                                          Alliance for Financially Sustainable Airports

While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard Ifyou have questions about registering to lobby please see Fla. Stat. § I l.045 and Joint Rule I. 2020-2022JointRulesodf (flsenate.gov!

This form is part of the public record for this meeting.                                                                                                                  S-001    (08/10/2021)
                                                                             The Florida Senate
2/4/2026                                                       APPEARANCE RECORD                                                   S8422
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Commerce and Tourism                                               Senate professional staff cod.ct'ng the meeting

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           ___________________________ Ph one 202-851-7508
           Stacey Heaton                                                                                                                                                             _
Name


Address 601          Pennsylvania Ave, NW                                                                  Email     stacey.heaton@aopa.org
           Street

           Washington                                  DC                            20004
           Ciry                                        Sta.e                         Z


              seakna. @r, [A9as [ womavon                                                OR          waive speaking: [] n support "[]Against


                                                               PLEASE CHECK ONE OF THE FOLLOWING:
[[]1am appearing without
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                                                                                                                                          (travel, meals, lodging, etc.),
                                                                  AOPA                                                                    sponsored by:



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that as many persons as possble can be heard. you have questions au! registering to lc'byn'eossee i'a . Stat 511045 and 'oin Ra'e 1 229-2022yin1Pule_pf·[engtegov]

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

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

BILL:           SB 1236
INTRODUCER:     Senator Massullo
SUBJECT:        Employers Receiving Economic Development Incentives from State Agencies
DATE:           Febuary 3, 2026                 REVISED:


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



  I.    Summary:

        SB 1236 establishes requirements for employers receiving state-awarded economic development
        incentives, and provides that in order to be eligible for an economic development incentive, an
        employer is required to sign an agreement with the state agency awarding the economic
        development incentive stating that it will not take certain actions. A violation of this requirement
        based on a reasonable belief may be reported to the Attorney General (AG), and the AG must
        determine whether a violation has occurred. Additionally, if the AG finds that an employer has
        violated the written agreement, then he or she must initiate proceedings to recover funds awarded
        to the employer.

        The bill also requires a state agency to execute a separate written agreement with the recipient of
        the economic development incentive before contracting to award an economic development
        incentive. This agreement must reserve the right of the state agency to recover the amount of
        money, grants, funds, or other incentives disbursed by the state agency to the recipient of such
        benefit if the recipient fails to comply with the provisions in the bill.

        The provisions in the bill apply to any agreement entered into, renewed, or modified after July 1,
        2026.

        The bill takes effect July 1, 2026.
BILL: SB 1236                                                                                                            Page 2

    II.   Present Situation:

          National Labor Relations Act

          In 1935, Congress passed the National Labor Relations Act (NLRA), which provides that it is the
          policy of the United States to encourage collective bargaining by protecting workers’ freedom of
          association.1

          The NLRA provides that it is an unfair labor practice for an employer:
          • To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed to
             them.2
          • To dominate or interfere with the formation or administration of any labor organization or
             contribute financial or other support to it.3
          • To encourage or discourage membership in any labor organization by discrimination in
             regard to hire or tenure of employment or any term or condition of employment.4
          • To discharge or otherwise discriminate against an employee because he or she has filed
             charges or given testimony under the NLRA.5
          • To refuse to bargain collectively with the representatives of his or her employees.6

          Further, the NLRA provides that it is an unfair labor practice for a labor organization or its
          agents:

1
  See National Labor Relations Board, National Labor Relations Act, available at https://www.nlrb.gov/guidance/key-
reference-materials/national-labor-relations-act (last visited Feb. 3, 2026). See also 29 U.S.C. §§ 151–169.
2
  See id. Section 7 of the NLRA provides that “employees shall have the right to self-organization, to form, join, or assist
labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted
activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain
from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership
in a labor organization as a condition of employment as authorized in section 8(a)(3) of the NLRA.” The NLRA applies to
most private sector employers, including manufacturers, retailers, private universities, and health care facilities. The NLRA
does not apply to federal, state, or local governments; employers who employ only agricultural workers; and employers
subject to the Railway Labor Act. Additionally, most employees in the private sector are covered under the NLRA. The law
does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited
exceptions).
3
  See id. This is subject to rules and regulations made and published by the National Labor Relations Board (NLRB).
Additionally, an employer must not be prohibited from permitting employees to confer with him or her during working hours
without loss of time or pay.
4
  See id. However, nothing in the NLRA or in any other statute of the United States, shall preclude an employer from making
an agreement with a labor organization to require as a condition of employment membership therein on or after the thirtieth
day following the beginning of such employment or the effective date of such agreement, whichever is later if (1) such labor
organization is the representative of the employees as provided in section 9(a) [section 159(a) of the NLRA, in the
appropriate collective-bargaining unit covered by such agreement when made, and (2) unless following an election held as
provided in section 9(e) of the NLRA within one year preceding the effective date of such agreement, the NLRB must have
certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such
labor organization to make such an agreement. Additionally, no employer shall justify any discrimination against an
employee for non-membership in a labor organization (a) if he or she has reasonable grounds for believing that such
membership was not available to the employee on the same terms and conditions generally applicable to other members, or
(b) if he or she has reasonable grounds for believing that membership was denied or terminated for reasons other than the
failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or
retaining membership.
5
  See id.
6
  See id.
BILL: SB 1236                                                                                                              Page 3

         •    To restrain or coerce employees in the exercise of the rights guaranteed. However, this must
              not impair the right of a labor organization to prescribe its own rules with respect to the
              acquisition or retention of membership within such organization. It is also an unfair labor
              practice for a labor organization or its agents to restrain or coerce an employer in the
              selection of his or her representatives for the purposes of collective bargaining or the
              adjustment of grievances.7
         •    To cause or attempt to cause an employer to discriminate against an employee or to
              discriminate against an employee with respect to whom membership in such organization has
              been denied or terminated on some ground other than his or her failure to tender the periodic
              dues and the initiation fees uniformly required as a condition of acquiring or retaining
              membership.8
         •    To refuse to bargain collectively with an employer, provided it is the representative of his or
              her employees.9
         •    To engage in or to induce or encourage any individual employed by any person engaged in
              commerce or in an industry affecting commerce to engage in, a strike or a refusal in the
              course of his employment to use, manufacture, process, transport, or otherwise handle or
              work on any goods, articles, materials, or commodities or to perform any services.10

         After employees choose a union as a bargaining representative, the employer and union are
         required to meet at reasonable times to bargain in good faith about wages, hours, vacation time,
         insurance, safety practices and other mandatory subjects.11


7
  See id.
8
  See id.
9
  See id.
10
   See id. Additionally, it is an unfair labor practice for a labor organization or its agents to threaten, coerce, or restrain any
person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is: (1) forcing or
requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement
which is prohibited; (2) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in
the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing
or requiring any other employer to recognize or bargain with a labor organization as the representative of his or her
employees unless such labor organization has been certified as the representative of such employees, provided that nothing
contained here shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing;
(3) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his
or her employees if another labor organization has been certified as the representative of such employees; (4) forcing or
requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft,
or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is
failing to conform to an order or certification of the Board determining the bargaining representative for employees
performing such work; (5) to require of employees covered by an agreement as a condition precedent to becoming a member
of such organization, of a fee in an amount which the NLRB finds excessive or discriminatory under all the circumstances;
(6) to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in
the nature of an exaction, for services which are not performed or not to be performed; and (7) to picket or cause to be
picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an
employer to recognize or bargain with a labor organization as the representative of his or her employees, or forcing or
requiring the employees of an employer to accept or select such labor organization as their collective- bargaining
representative, unless such labor organization is currently certified as the representative of such employees.
11
   National Labor Relations Board, Employer/Union Rights and Obligations, available at https://www.nlrb.gov/about-
nlrb/rights-we-protect/your-rights/employer-union-rights-and-obligations (last visited on Feb. 3, 2026). Some managerial
decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but
the employer must bargain about the decision's effects on unit employees.
BILL: SB 1236                                                                                                       Page 4

        National Labor Relations Board
        The NLRA created the National Labor Relations Board (NLRB), which is vested with the power
        to safeguard employees’ rights to organize, engage with one another to seek better working
        conditions, choose whether or not to have a collective bargaining representative negotiate on
        their behalf with their employer, or refrain from doing so.12 Additionally, the NLRB acts to
        prevent and remedy unfair labor practices committed by private sector employers and unions, as
        well as conducts secret-ballot elections regarding union representation.13

        Secret Ballot
        A party may file a petition (needing at least 30 percent of employee support in a proposed
        bargaining unit) with the NLRB to conduct a “secret ballot” election to determine whether a
        representative will represent, or continue to represent, a unit of employees. An NLRB agent
        manages the voting (typically at the workplace in a private booth), and the results are decided by
        a simple majority.14

        Voluntary Recognition
        In addition to the NLRB conducted elections, employees may persuade an employer to
        “voluntarily recognize” a union after showing majority support by signed authorization cards or
        other means.15 If a union is voluntarily recognized, its status as bargaining representative cannot
        be challenged during a “reasonable period for bargaining,” which the NLRB states as not less
        than 6 months (and not more than one year) after the parties’ first bargaining session.16 In
        addition to voluntary recognition, a “neutrality agreement” may be established. This means an
        employer agrees to not take a position (for or against worker organizing) but instead remains
        neutral.17

        The Cemex Decision
        In 2023, the NLRB issued a decision in Cemex Construction Materials Pacific, LLC, which
        established a new framework for determining when employers are required to bargain with
        unions without a representation election.18

        Under the new framework, when a union requests recognition on the basis that a majority of
        employees in an appropriate bargaining unit have designated the union as their representative, an

12
   National Labor Relations Board, Who We Are, available at https://www.nlrb.gov/about-nlrb/who-we-are (last visited on
Feb. 3, 2026).
13
   Id.
14
   National Labor Relations Board, The NLRB Process, available at https://www.nlrb.gov/resources/nlrb-process (last visited
on Feb. 3, 2026).
15
   National Labor Relations Board, Conduct Elections, available at https://www.nlrb.gov/about-nlrb/what-we-do/conduct-
elections#:~:text=Alternate%20path%20to%20union%20representation,filed%20within%20those%2045%20days (last
visited on Feb. 3, 2026).
16
   Id.
17
   United States Department of Labor, Respecting Workers’ Rights to Organize: An Employer’s Guide, available at
https://www.dol.gov/sites/dolgov/files/general/workcenter/Neutrality-Guidance.pdf (last visited on Feb. 3, 2026).
18
   National Labor Relations Board, Board Issues Decision Announcing New Framework for Union Representation, available
at https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-announcing-new-framework-for-union-
representation (last visited on Feb. 3, 2026).
BILL: SB 1236                                                                                                       Page 5

        employer must either recognize and bargain with the union or promptly (within 14 days) file an
        RM petition19 seeking an election. However, if an employer who seeks an election commits any
        unfair labor practice that would require setting aside the election, the petition will be dismissed,
        and rather than re-running the election, the NLRB will order the employer to recognize and
        bargain with the union.20

        Currently, this decision is being challenged in the United States Court of Appeals for the Ninth
        Circuit and a decision is pending.21

        Prior to the Cemex decision, Linden Lumber Division, Summer & Co. v. N.L.R.B., established
        that an employer does not violate the NLRA by refusing to recognize a union based on
        authorization cards alone.22 Instead, the court held that where an employer had not engaged in an
        unfair labor practice impairing the electoral process, the employer did not violate their duty to
        bargain under the NLRA simply because the employer refused to accept evidence of the union’s
        majority status other than by an NLRB election.23

        Prior to the Linden Lumber decision, the “Joy Silk” doctrine24 was the NLRB’s policy that
        required employers to recognize and bargain with a union if it presented authorization cards from
        a majority of workers. A refusal to recognize a union by such means was deemed an unfair labor
        practice unless the employer could demonstrate it possessed a “good-faith” doubt as to the
        union’s majority status when it refused to recognize the union.25 Then, in 1969, the United States
        Supreme Court in N.L.R.B. v. Gissel Packing Co., affirmed that the NLRB was permitted to
        order an employer to bargain with a union based on authorization cards rather than a secret ballot
        election, however, entry of a bargaining order without an election was only permitted in cases
        where the NLRB determined that the union did at some point enjoy majority support and a fair
        election was either unlikely or impossible due to unfair labor practices committed by the
        employer during the campaign.26




19
   An RM petition is filed by an employer who seeks an election because one or more individuals or unions have sought
recognition as the bargaining representative, or based on a reasonable belief supported by objective considerations that the
currently recognized union has lost its majority status. See National Labor Relations Board, The NLRB Process, available at
https://www.nlrb.gov/resources/nlrb-process (last visited on Feb. 3, 2026).
20
   National Labor Relations Board, Board Issues Decision Announcing New Framework for Union Representation, available
at https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-announcing-new-framework-for-union-
representation (last visited on Feb. 3, 2026).
21
   National Labor Relations Board, CEMEX Construction Materials Pacific LLC, available at https://www.nlrb.gov/case/28-
CA-230115 (last visited on Feb. 3, 2026).
22
   See Linden Lumber Division, Summer & Co. v. N.L.R.B., 419 U.S. 301 (1974).
23
   Id. Additionally, in the absence of any agreement that permits majority status to be determined by means other than an
NLRB elections the unions that were refused recognition despite cards and other evidence purporting to show that they
represented the majority of the employees had the burden of taking the next step in invoking the NLRB’s election procedure.
24
   The NLRB created this second avenue to union recognition through Section 8(a)(5) of the NLRA, which makes it an unfair
labor practice for an employer to refuse to bargain collectively with the representative of its employees.
25
   See Joy Silk Mills, Inc. v. N.L.R.B., 185 F.2d 732 (D.C. Cir. 1950).
26
   See N.L.R.B. v. Gissel Packing Co., Inc., 395 U.S. 575 (1969).
BILL: SB 1236                                                                                                        Page 6

        Right-to-Work

        The Florida State Constitution provides that the “right of persons to work shall not be denied or
        abridged on account of membership or non-membership in any labor union or labor
        organization.”27 Based on this constitutional right, Florida is regarded as a “right-to-work” state.

        Collective Bargaining

        The State Constitution also guarantees that “the right of employees, by and through a labor
        organization, to bargain collectively shall not be denied or abridged.”28 To implement this
        constitutional provision, the Legislature enacted ch. 447, F.S.

        Part I of ch. 447, F.S., provides “general” labor union regulations, and establishes the following
        definitions:29
        • “Labor organization” means any organization of employees or local or subdivision thereof,
            having within its membership residents of Florida, whether incorporated or not, organized for
            the purpose of dealing with employers concerning hours of employment, rate of pay, working
            conditions, or grievances of any kind relating to employment and recognized as a unit of
            bargaining by one or more employers doing business in Florida, except that an “employee
            organization,” as defined in s. 447.203(11),F.S.,30 must be included in this definition at such
            time as it seeks to register pursuant to s. 447.305, F.S.31
        • “Business agent” means any person, without regard to title, who must, for a pecuniary or
            financial consideration, act or attempt to act for any labor organization in:
            o The issuance of membership or authorization cards, work permits, or any other evidence
                of rights granted or claimed in, or by, a labor organization; or
            o Soliciting or receiving from any employer any right or privilege for employees.

        Part I of ch. 447, F.S., also provides the following:
        • Labor unions or labor organizations must not charge an initiation fee of more than $15.32
        • Any and all labor organizations in Florida must keep accurate books of accounts itemizing all
            receipts from whatsoever source and expenditures for whatsoever purpose, stating such
            sources and purposes. Any member of such labor organization must be entitled at all
            reasonable times to inspect the books, records and accounts of such labor organization.33
        • Any employee who is a member of any labor organization who, because of services with the
            Armed Forces of the United States, during time of war or national emergency, has been
            unable to pay any dues, assessments or sums levied by any labor organization, must not be


27
   FLA. CONST. art. 1, s. 6.
28
   Id.
29
   Section 447.02, F.S.
30
   Section 447.203(11), F.S., defines “employment organization” as any labor organization, union, association, fraternal
order, occupational or professional society, or group, however organized or constituted, which represents, or seeks to
represent, any public employee or group of public employees concerning any matters relating to their employment
relationship with a public employer.
31
   Section 447.305, F.S., provides registration requirements for every employee organization seeking to become a certified
bargaining agent for public employees.
32
   Section 447.05, F.S. However, initiation fees in effect on January 1, 1940, may be continued.
33
   Section 447.07, F.S.
BILL: SB 1236                                                                                                           Page 7

             required to make such back payments as a condition to reinstatement in good standing as a
             member of any labor organization to which he or she belonged.34

         Part I of ch. 447, F.S., makes it unlawful for any person:
         • To interfere with or prevent the “right of franchise” of any member of a labor organization.35
         • To prohibit or prevent any election of the officers of any labor organization.36
         • To participate in any strike, walkout, or cessation of work or continuation thereof without the
             same being authorized by a majority vote of the employees to be governed thereby; provided,
             that this must not prohibit any person from terminating his or her employment of his or her
             own volition.37
         • To conduct any election without a secret ballot.38
         • To charge, receive, or retain any dues, assessments or other charges in excess of, or not
             authorized by, the constitution or bylaws of any labor organization.39
         • To solicit membership for or to act as a representative of an existing labor organization
             without authority of such labor organization to do so.40
         • To seize or occupy property unlawfully during the existence of a labor dispute.41
         • To cause any cessation of work or interference with the progress of work by reason of any
             jurisdictional dispute, grievance or disagreement between or within labor organizations.42
         • To coerce or intimidate any employee in the enjoyment of legal rights, including those
             guaranteed in s. 447.03, F.S.;43 to coerce or intimidate any elected or appointed public
             official; or to intimidate the family, picket the domicile, or injure the person or property of
             such employee or public official, or his or her family.44
         • To picket beyond the area of the industry or employment within which a labor dispute
             arises.45
         • To engage in picketing by force and violence, or to picket in such a manner as to prevent
             ingress and egress to and from any premises, or to picket other than in a reasonable and
             peaceable manner.46
         • To solicit advertising in the name of a labor organization without the written permission of
             such organization.47

34
   Section 447.08, F.S.
35
   Section 447.09(1), F.S., provides that the “right of franchise” must include the right of an employee to make a complaint,
file charges, give information or testimony concerning the violations of ch. 447, F.S., or the petitioning to the union regarding
any grievance he or she may have concerning membership or employment, or the making known facts concerning such
grievance or violations of law to any public officials, and the right of free petition, lawful assemblage and free speech.
36
   Section 447.09(2), F.S.
37
   Section 447.09(3), F.S.
38
   Section 447.09(4), F.S.
39
   Section 447.09(5), F.S.
40
   Section 447.09(6), F.S.
41
   Section 447.09(7), F.S.
42
   Section 447.09(8), F.S.
43
   Section 447.03, F.S., provides that employees must have the right to self-organization, to form, join, or assist labor unions
or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing,
and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.
44
   Section 447.09(8), F.S.
45
   Section 447.09(9), F.S.
46
   Section 447.09(10), F.S.
47
   Section 447.09(11), F.S.
BILL: SB 1236                                                                                                            Page 8

         •   To undertake through the medium of a card, circular, pamphlet, newspaper or any other
             medium whatsoever, or by any holding out to the public as officially representing a labor
             organization without the written authority or contract with such labor organization. Any
             publication claiming endorsement by a labor organization must list in such publication the
             name and address of the organization or organizations.48

         Additionally, part I of ch. 447, F.S., provides the following:
         • Any labor organization may maintain any action or suit in its commonly used name and must
            be subject to any suit or action in its commonly used name in the same manner and to the
            same extent as any corporation authorized to do business in Florida.49 All process, pleadings
            and other papers in such action may be served on the president or other officer, business
            agent, manager or person in charge of the business of such labor organization.50 Judgment in
            such action may be enforced against the common property only of such labor organization.51
         • Except as specifically provided in ch. 447, F.S., nothing therein shall be construed so as to
            interfere with or impede or diminish in any way the right to strike or the right of individuals
            to work; nor shall anything in ch. 447, F.S., be so construed as to invade unlawfully the right
            to freedom of speech.
         • Any person or labor organization who violates any of the provisions in part I of ch. 447, F.S.,
            is guilty of a misdemeanor of the second degree.52
         • Any person who may be denied employment or discriminated against in his or her
            employment on account of membership or nonmembership in any labor union or labor
            organization must be entitled to recover from the discriminating employer, other person,
            firm, corporation, labor union, labor organization, or association, acting separately or in
            concert, in the courts of Florida, such damages as he or she may have sustained and the costs
            of suit, including reasonable attorney’s fees.53 If such employer, other person, firm,
            corporation, labor union, labor organization, or association acted willfully and with malice or
            reckless indifference to the rights of others, punitive damages may be assessed against such
            employer, other person, firm, corporation, labor union, labor organization, or association.54



48
   Section 447.09(12), F.S.
49
   Section 447.09(13), F.S.
50
   Section 447.11, F.S.
51
   Id.
52
   Section 447.14, F.S. See also ss. 775.082 and 775.083, F.S., which provide that a “second degree misdemeanor” is
punishable by a definite term of imprisonment not exceeding 60 days and a fine not to exceed $500.
53
   Section 447.17(1), F.S.
54
   Id. Further, any person sustaining injury as a result of any violation or threatened violation of the provisions of s. 447.17,
F.S., must be entitled to injunctive relief against any and all violators or persons threatening violation. The remedy and relief
provided by s. 447.17, F.S., must not be available to public employees as defined in part II of ch. 447, F.S. Part II of ch. 447,
F.S., defines “public employee” as any person employed by a public employer except: (1) those persons appointed by the
Governor or elected by the people, agency heads, and members of boards and commissions; (2) those persons holding
positions by appointment or employment in the organized militia; (3) those individuals acting as negotiating representatives
for employer authorities; (4) those persons who are designated by the “commission” as managerial or confidential employees
pursuant to criteria contained in part II of ch. 447, F.S.; (5) those persons holding positions of employment with the Florida
Legislature; (6) those persons who have been convicted of a crime and are inmates confined to institutions within Florida;
and (7) those persons appointed to inspection positions in federal/state fruit and vegetable inspection service whose
conditions of appointment are affected by the following: (a) federal license requirement; (b) federal autonomy regarding
investigation and disciplining of appointees; and (c) frequent transfers due to harvesting conditions.
BILL: SB 1236                                                                                                          Page 9

         Examples of Economic Development Incentive Programs55

         The Florida Department of Commerce Annual Incentives Report for Fiscal Year 2023-2024
         specifies four types of economic development programs:
         • Tax Refunds – Refund of taxes paid;
         • Tax Credits – Credit against taxes owed;
         • Tax Exemptions – Exemption from taxes owed; and
         • Grants – Grant with a performance-based agreement.56

         High Impact Performance Incentive (HIPI)
         The objective of the “High Impact Performance Incentive” is to spur capital investment and job
         creation in Florida’s high impact sectors,57 and it is reserved for major facilities operating in
         designated portions of high-impact sectors.58

         Capital Investment Tax Credit (CITC)
         The CITC is an annual tax credit against corporate income tax.59 This tax credit is for capital-
         intensive industries operating in a designated “high-impact” portion of the following sectors in
         Florida:
         • Advanced manufacturing;
55
   Examples of “economic development incentives” in Florida include, the Work Opportunity Tax Credit Program, Quick
Response Training, High Impact Performance Incentive, the Incumbent Worker Training Program, the Capital Investment
Tax Credit, and the Manufacturing Machinery and Equipment Sales Tax Exemption. See Florida Commerce, Business
Resources, available at https://floridajobs.org/docs/default-source/floridacommerce-toolkit/toolkit-floridacommerce-
business-resources.pdf?sfvrsn=f61126b0_1 (last visited Feb. 3, 2026).
56
   See Florida Commerce, Annual Incentives Report, available at 2023-2024-annual-incentives-report.pdf (last visited Feb. 3,
2026).
57
   Section 288.108(2)(f), F.S., defines “qualified high-impact business” as a business in one of the high-impact sectors that
has been certified by Florida Commerce as a qualified high-impact business to receive a high-impact sector performance
grant. Florida Commerce provides the following as “key industries:” (1) aviation and aerospace; (2) military and defense; (3)
manufacturing; (4) financial and professional services; (5) information technology; (6) life sciences; (7) logistics and
distribution; (8) cleatech; and (9) headquarters. See Florida Commerce, Resource Guide (pg. 13), available at
https://www.floridajobs.org/docs/default-source/floridacommerce-toolkit/toolkit-complete-floridacommerce-resource-
guide.pdf (last visited Feb. 3, 2026). Section 288.108(h), F.S., provides that a high-impact sector consists of the “silicon
technology sector” found to be focused around the type of high-impact businesses for which the incentive was created.
58
   See Florida Commerce, Types of Incentive Awards, available at https://floridajobs.org/office-directory/division-of-
economic-development/economic-development-incentives-portal/types-of-incentive-awards (last visited Feb. 3, 2026). See
also s. 288.108, F.S. An “eligible business” for a HIPI grant means a business in one of the designated high-impact sectors
that is making a cumulative investment in Florida of at least $50 million and is creating at least 50 new full-time equivalent
jobs in Florida, or a research and development facility making a cumulative investment of at least $25 million and creating at
least 25 new full-time equivalent jobs. Such investment and employment must be achieved in a period not to exceed 3 years
after the date the business is certified as a qualified high-impact business. See s. 288.108(2)(c), F.S. Section 288.108(3),
F.S., provides the criteria for determining a grant award. Additionally, s. 288.108(4), F.S., provides that the total amount of
active performance grants scheduled for payment by Florida Commerce in any single fiscal year may not exceed the lesser of
$30 million or the amount appropriated by the Legislature for that fiscal year for qualified high-impact business performance
grants. If the scheduled grant payments are not made in the year for which they were scheduled in the qualified high-impact
business agreement and are rescheduled, they are deemed to have been paid in the year in which they were originally
scheduled in the qualified high-impact business agreement.
59
   Section 220.191, F.S. See also Florida Commerce, Business Resources, available at https://floridajobs.org/docs/default-
source/floridacommerce-toolkit/toolkit-floridacommerce-business-resources.pdf?sfvrsn=f61126b0_1 (last visited Feb. 3,
2026).
BILL: SB 1236                                                                                                         Page 10

         •   Clean energy;
         •   Financial services;
         •   Life sciences;
         •   Information Technology;
         •   Transportation;
         •   Semiconductors; or
         •   Corporate headquarters facility.60

         The CITC is provided for up to 20 years.61 A business must make a cumulative investment of at
         least $25 million and create a minimum of 100 new full-time jobs to receive the credit.62

         Incumbent Worker Training Program
         The Incumbent Worker Training Program helps Florida businesses avoid layoffs and retain a
         skilled workforce by providing grant funding to established Florida businesses.63 Additionally,
         the program provides education and training for employees to obtain the skills needed to retain
         employment.64

         For July 1, 2025 through June 30, 2026, the available funding for the Incumbent Worker
         Training Program is $3 Million, and the maximum amount is $100,000 per grant per company.65

         Rural Job Tax Credit
         The Rural Job Tax Credit Program offers a tax credit for eligible businesses to create new jobs
         located within one of 36 designated Qualified Rural Areas.66 The tax credit ranges from $1,000
         to $1,500 per qualified employee and can be taken against either Florida corporate income tax or
         Florida sales and use tax.67 The Rural Job Tax Credit Program receives a tax credit allocation of
         up to $5 million each calendar year.68




60
   See id.
61
   Id. An annual credit against the tax imposed will be granted to any qualifying business in an amount equal to 5 percent of
the eligible capital costs generated by a qualifying project.
62
   Id.
63
   Section 445.003, F.S. See also Florida Commerce, Business Resources, available at https://floridajobs.org/docs/default-
source/floridacommerce-toolkit/toolkit-floridacommerce-business-resources.pdf?sfvrsn=f61126b0_1 (last visited Feb. 3,
2026). The program is administered under s. 134(d)(4) of the Workforce Innovation and Opportunity Act.
64
   Id.
65
   CareerSource Florida, Incumbent Working Training Program Guidelines (July 1, 2025 – June 30, 2026), available at
https://careersourceflorida.com/wp-content/uploads/2025/06/2025-26_IWT-Guidelines.pdf (last visited Feb. 3, 2026).
66
   Section 212.098, F.S. A “qualified area” is defined as any area that is contained within a rural area of opportunity
designated under s. 288.0656, F.S., a county that has a population of fewer than 75,000 persons, or a county that has a
population of 125,000 or less and is contiguous to a county that has a population of less than 75,000, selected in the following
manner: every third year, the Department of Commerce shall rank and tier the state’s counties according to the following four
factors: 91) highest unemployment rate for the most recent 36-month period; (2) lowest per capita income for the most recent
36-month period; (3) highest percentage of residents whose incomes are below the poverty level, based upon the most recent
data available; and (4) average weekly manufacturing wage, based upon the most recent data available.
67
   Id.
68
   Id.
BILL: SB 1236                                                                                                           Page 11

         High Crime Tax Credit
         The Urban High-Crime Area Job tax Credit Program offers a tax credit for eligible businesses to
         create new jobs located within one of 13 designated urban high-crime areas.69 The tax credit
         ranges from $500 to $2,000 per qualified job and can be taken against either Florida corporate
         income tax or Florida sales and use tax.70 The Urban High-Crime Area Job Tax Credit Program
         receives a tax credit allocation of up to $5 million each calendar year.71

III.     Effect of Proposed Changes:

         The bill creates s. 447.18, F.S., to establish requirements for employers receiving state-awarded
         economic development incentives.

         Definitions
         The bill creates the following definitions:
         • “Contract” means an agreement between an employer and the state, or an agreement between
            an employer and a labor organization.
         • “Economic development incentive” means a state economic development incentive program
            or an economic development grant authorized by any state agency for the purpose of
            economic development, the purpose of which is to attract or retain an employer’s physical
            presence in Florida.
         • “Employee” means an individual who performs services for an employer for wages that are
            subject to withholding requirements under 26 U.S.C. s. 3402.72
         • “Employer” means a business entity that voluntarily pursues economic development
            incentives authorized under s. 447.18, F.S., or enters into an agreement with a state agency
            for the purpose of receiving economic development incentives.
         • “Labor organization” has the same meaning as in s. 447.02(1), F.S.73
         • “Neutrality agreement” means an agreement signed by an employer and a union in which the
            employer agrees to conditions including, but not limited to, committing not to speak to
            employees about union issues.
         • “Personal contact information” means an employee’s home address, personal phone number,
            or personal e-mail address.



69
   Section 212.097, F.S. A “qualified high crime area” is defined as an area selected by the Department of Commerce in the
following manner: every third year, the Department of Commerce must rank and tier areas nominated according to the
following criteria: (1) highest arrest rates within the geographic area for violent crime and for such other crimes as drug sale,
drug possession, prostitution, vandalism, and civil disturbances; (2) highest reported crime volume and rate of specific
property crimes such as business and residential burglary, motor vehicle theft, and vandalism; (3) highest percentage of
reported index crimes that are violent in nature; (3) highest overall index crime volume for the area; and (4) highest overall
index crime rate for the geographic area. Tier-one areas are ranked 1 through 5 and represent the highest crime areas
according to this ranking. Tier-two areas are ranked 6 through 10 according to this ranking. Tier-three areas are ranked 11
through 15.
70
   Id.
71
   Id.
72
   26 U.S.C. s. 3402 is the law regulating “income tax collected at source.”
73
   See s. II (Present Situation) of this bill analysis under the title “Collective Bargaining” for the definition of “labor
organization.”
BILL: SB 1236                                                                                                           Page 12

         •   “Secret ballot election” means a process conducted by the National Labor Relations Board in
             which an employee casts a secret ballot for or against labor organization representation. 74
         •   “Subcontractor” has the same meaning as in s. 448.095.75

         Economic Development Incentive Eligibility
         To be eligible for an economic development incentive, an employer must sign an agreement with
         the state agency awarding the economic development incentive stating that it will not do any of
         the following:
         • Grant union recognition rights for employees solely on the basis of signed union
             authorization cards if the selection of a bargaining representative may instead be conducted
             through a secret ballot election conducted by the NLRB;
         • Voluntarily disclose an employee’s personal contact information to a labor organization, or
             third party acting on behalf of a labor organization, without the employee’s written consent,
             unless otherwise required by state or federal law;
         • Sign a neutrality agreement with a labor organization; and
         • Require a subcontractor performing work for or providing services to the employer to engage
             in activities prohibited in s. 447.18(2)(a), F.S.

         The above prohibitions apply to any work or service provided to the employer on the project for
         which the economic development incentive is awarded.

         Reporting and Enforcement
         A person or an entity may report, based upon a reasonable belief, a violation of the above
         requirement to the Attorney General, provided that such report is made during the term of the
         separate agreement entered into by and between the government agency awarding the economic
         development incentive and the employer in s. 447.18(5), F.S.

         Upon receiving the report, the Attorney General must determine whether a violation has
         occurred. The Attorney General must request from the employer a copy of the written agreement
         signed pursuant to s. 447.18(2)(a), F.S. If the employer refuses to provide the Attorney General
         with the written agreement, the employer is in violation of the agreement entered into between
         the employer and the state agency that awarded the economic development incentive. The
         Attorney General must deliver in writing his or her findings to the employer alleged to be in
         violation within 60 days. If the Attorney General finds that an employer has violated the written
         agreement signed pursuant to s. 447.18(2)(a), F.S., he or she must initiate proceedings to recover
         funds awarded to the employer. The Attorney General’s findings are final.

         State Agency and Employer Agreement
         Notwithstanding any other law to the contrary, before contracting to award an economic
         development incentive, the state agency must execute a separate written agreement with the
         recipient of the economic development incentive which reserves the right of the state agency to
         recover the amount of money, grants, funds, or other incentives disbursed by the state agency if

74
  See s. II (Present Situation) of this bill analysis under the subtitle “Secret Ballot.”
75
  Section 448.095, F.S., defines “subcontractor” as a person or an entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
BILL: SB 1236                                                                                                 Page 13

        the recipient benefiting from such money, grants, funds, or other incentives fails to comply with
        the requirements in this bill. This agreement is effective for either:
        • The duration of the project, to be determined by the state agency, for an economic
            development incentive award of less than $5 million; or
        • No longer than 20 years, for an economic development incentive award of $5 million or
            more.

        Applicability and Effective Date
        The provisions in the bill apply to any agreement entered into, renewed, or modified after July 1,
        2026. The term “agreement” includes a memorandum of understanding mutually accepted by the
        state agency awarding economic development incentives and an employer before July 1, 2026,
        including a legally binding agreement subsequent and subject to the memorandum of
        understanding.

        The bill takes effect July 1, 2026.

IV.     Constitutional Issues:

        A.       Municipality/County Mandates Restrictions:

                 None.

        B.       Public Records/Open Meetings Issues:

                 None.

        C.       Trust Funds Restrictions:

                 None.

        D.       State Tax or Fee Increases:

                 None.

        E.       Other Constitutional Issues:

                 Article VI, Paragraph 2 of the U.S. Constitution, commonly referred to as the Supremacy
                 Clause, establishes that the federal constitution, and federal law generally, take
                 precedence over state laws and constitutions. The Supremacy Clause also prohibits states
                 from interfering with the federal government’s exercise of its constitutional powers and
                 from assuming any functions that are exclusively entrusted to the federal government. It
                 does not, however, allow the federal government to review or veto state laws before they
                 take effect.76



76
   Cornell Law School, Legal Information Institute, Supremacy Clause, https://www.law.cornell.edu/wex/supremacy_clause
(last visited Feb. 3, 2026).
 BILL: SB 1236                                                                                                                        Page 14

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 Indeterminate.

        C.       Government Sector Impact:

                 The Attorney General may incur costs in enforcing the provisions of the bill.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        The definition of “economic development incentive” could potentially include any number of
        programs including programs designed to train or educate workers.

        Providing a definition of “state agency” may lead to greater clarity in determining the entities to
        which the bill’s provisions will apply.

VIII.   Statutes Affected:

        This bill creates section 447.18 of the Florida Statutes.

 IX.    Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
      Florida Senate - 2026                                        SB 1236         Florida Senate - 2026                                        SB 1236



      By Senator Massullo




      11-01266-26                                               20261236__         11-01266-26                                             20261236__
1                             A bill to be entitled                          30         defining the term “agreement”; providing an effective
2          An act relating to employers receiving economic                   31         date.
3          development incentives from state agencies; creating              32
4          s. 447.18, F.S.; defining terms; requiring an employer            33         WHEREAS, the state, as part of its economic development
5          to sign an agreement with a state agency that is                  34    policy, has the right to set terms and conditions in connection
6          awarding an economic development incentive before                 35    with the awarding of economic development incentives, and
7          becoming eligible for the economic development                    36         WHEREAS, the state, as part of its economic development
8          incentive; specifying the provisions of the agreement;            37    policy, seeks to play an integral role in the formation of
9          providing applicability; authorizing persons and                  38    economic opportunities, conditions of grants, and general
10         entities to report a suspected violation to the                   39    management of compliance with such awards for moneys, and
11         Attorney General within a specified timeframe;                    40         WHEREAS, the state will frequent, as part of awarding
12         requiring the Attorney General to determine whether a             41    economic development incentives, require a private business to
13         violation has occurred; requiring the Attorney General            42    hire a certain number of new full-time employees, require a
14         to request certain information from the employer                  43    specific amount of company investment, and ensure workers obtain
15         alleged to be in violation; providing that refusal of             44    certain skills and knowledge, and
16         such employer to provide such information is in                   45         WHEREAS, the state, as part of its economic development
17         violation of the agreement; requiring the Attorney                46    policy, has a vested interest in seeking to advance and preserve
18         General to deliver his or her findings to such                    47    its own interest in projects receiving economic development
19         employer within a specified timeframe; requiring the              48    incentives as a financer of projects contributing to this
20         Attorney General to initiate proceedings to recover               49    state’s overall economic health, and
21         funds awarded to the employer if the employer is found            50         WHEREAS, it is the intent of the Legislature, as part of
22         to have violated the agreement; providing that the                51    its economic development policy, that whenever state funds or
23         Attorney General’s findings are final; requiring a                52    benefits are sought by a private business, such benefits are
24         state agency to execute a separate written agreement              53    conditioned on the private business ensuring its employees’
25         with the recipient of the economic development                    54    right to a secret ballot election when recognizing a labor
26         incentive before the state agency awards the economic             55    organization as a bargaining unit, or requiring subcontractors
27         development incentive; specifying the contents of the             56    to waive their employees’ right to a secret ballot election, and
28         separate agreement; providing the effective periods of            57         WHEREAS, it is the intent of the Legislature that whenever
29         the separate agreement; providing applicability;                  58    state funds or benefits are provided or awarded to a private

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      Florida Senate - 2026                                       SB 1236           Florida Senate - 2026                                       SB 1236




      11-01266-26                                              20261236__           11-01266-26                                              20261236__
59    business, the private business working on a project receiving          88          (d) “Employer” means a business entity that voluntarily
60    state funds or benefits may not voluntarily disclose an                89     pursues economic development incentives authorized under this
61    employee’s personal contact information to a labor organization        90     section or enters into an agreement with a state agency for the
62    without the employee’s consent, waive its right to speak to its        91     purpose of receiving economic development incentives.
63    employees or require subcontractors to voluntarily disclose an         92          (e) “Labor organization” has the same meaning as in s.
64    employee’s personal contact information to a labor organization        93     447.02(1).
65    without the employee’s consent, or waive the subcontractor’s           94          (f) “Neutrality agreement” means an agreement signed by an
66    right to speak to the subcontractor’s employees, NOW, THEREFORE,       95     employer and a union in which the employer agrees to conditions
67                                                                           96     including, but not limited to, committing not to speak to
68    Be It Enacted by the Legislature of the State of Florida:              97     employees about union issues.
69                                                                           98          (g) “Personal contact information” means an employee’s home
70         Section 1.   Section 447.18, Florida Statutes, is created and     99     address, personal phone number, or personal e-mail address.
71    incorporated into part I of chapter 447, Florida Statutes, to          100         (h) “Secret ballot election” means a process conducted by
72    read:                                                                  101    the National Labor Relations Board in which an employee casts a
73         447.18 Employers receiving state-awarded economic                 102    secret ballot for or against labor organization representation.
74    development incentives; prohibited acts related to labor               103         (i) “Subcontractor” has the same meaning as in s. 448.095.
75    organizations.—                                                        104         (2)(a) To be eligible for an economic development
76         (1) As used in this section, the term:                            105    incentive, an employer must sign an agreement with the state
77         (a) “Contract” means an agreement:                                106    agency awarding the economic development incentive stating that
78         1. Between an employer and the state; or                          107    it will not do any of the following:
79         2. Between an employer and a labor organization.                  108         1. Grant union recognition rights for employees solely on
80         (b) “Economic development incentive” means a state economic       109    the basis of signed union authorization cards if the selection
81    development incentive program or an economic development grant         110    of a bargaining representative may instead be conducted through
82    authorized by any state agency for the purpose of economic             111    a secret ballot election conducted by the National Labor
83    development, the purpose of which is to attract or retain an           112    Relations Board.
84    employer’s physical presence in this state.                            113         2. Voluntarily disclose an employee’s personal contact
85         (c) “Employee” means an individual who performs services          114    information to a labor organization, or third party acting on
86    for an employer for wages that are subject to withholding              115    behalf of a labor organization, without the employee’s written
87    requirements under 26 U.S.C. s. 3402.                                  116    consent, unless otherwise required by state or federal law.

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     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2026                                       SB 1236           Florida Senate - 2026                                        SB 1236




       11-01266-26                                             20261236__            11-01266-26                                             20261236__
117         3. Sign a neutrality agreement with a labor organization.         146    state agency must execute a separate written agreement with the
118         4. Require a subcontractor performing work for or providing       147    recipient of the economic development incentive which reserves
119    services to the employer to engage in activities prohibited in         148    the right of the state agency to recover the amount of money,
120    this paragraph.                                                        149    grants, funds, or other incentives disbursed by the state agency
121         (b) The prohibitions in paragraph (a) apply to any work or        150    if the recipient benefiting from such money, grants, funds, or
122    service provided to the employer on the project for which the          151    other incentives fails to comply with this section. This
123    economic development incentive is awarded.                             152    agreement is effective for either:
124         (3)(a) A person or an entity may report, based upon a             153         (a) The duration of the project, to be determined by the
125    reasonable belief, a violation of paragraph (2)(a) to the              154    state agency, for an economic development incentive award of
126    Attorney General, provided that such report is made during the         155    less than $5 million; or
127    term of the separate agreement entered into by and between the         156         (b) No longer than 20 years, for an economic development
128    government agency awarding the economic development incentive          157    incentive award of $5 million or more.
129    and the employer in subsection (5).                                    158         (5) This section applies to any agreement entered into,
130         (b) Upon receiving the report, the Attorney General shall         159    renewed, or modified after July 1, 2026. As used in this
131    determine whether a violation has occurred. The Attorney General       160    subsection, the term “agreement” includes a memorandum of
132    shall request from the employer a copy of the written agreement        161    understanding mutually accepted by the state agency awarding
133    signed pursuant to paragraph (2)(a). If the employer refuses to        162    economic development incentives and an employer before July 1,
134    provide the Attorney General with the written agreement, the           163    2026, including a legally binding agreement subsequent and
135    employer is in violation of the agreement entered into between         164    subject to the memorandum of understanding.
136    the employer and the state agency that awarded the economic            165         Section 2.   This act shall take effect July 1, 2026.
137    development incentive. The Attorney General must deliver in
138    writing his or her findings to the employer alleged to be in
139    violation within 60 days. If the Attorney General finds that an
140    employer has violated the written agreement signed pursuant to
141    paragraph (2)(a), he or she shall initiate proceedings to
142    recover funds awarded to the employer. The Attorney General’s
143    findings are final.
144         (4) Notwithstanding any other law to the contrary, before
145    contracting to award an economic development incentive, the

                                  Page 5 of 6                                                                    Page 6 of 6
      CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
                                          The Florida Senate
                                                                                                      l
                           Committee Agenda Request




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

 Subject:       Committee Agenda Request

 Date:         January 14, 2026



  respectfully request that Senate Bill #1236, relating to employers receiving economic
 development incentives from state agencies, be placed on the:

         []    committee agenda at your earliest possible convenience.

         []    next committee agenda.




                                             Senator Ralph E. Massullo, Jr.
                                             Florida Senate, District II




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

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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. $11.045 andJoint Rule 7. 2020-2022JointRules.pdf (f/senate.aov)

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                                                          Eda te
                                                                                                                                                (travel, meals, lodging, etc.),
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                                                             Bad-lades
While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. 511.045 andJoint Rule 7. 2020-2022JointRules.pdf (f/senate.aov)

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                                                                                                                                                sponsored by:




While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. 511.045 andJoint Rule I. 2020-2027JointRules.odf(f/senate.aov)

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                         5ea Ree2e                    {                                                         En         reds7 bell2or.net
                                                          PL                       32053
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                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. lfyou have questions about registering to lobby please see Fla. Stat. $11.045 andJoint Rule 1. 2020-2022JointRulespdffisenate.gov

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




While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard Ifyou have questions about registering to lobby please see Fla. Stat. 511.045 andJoint Rule 7. 2020-2022JointRules.odf(f/senate.aov)

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




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

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               speaking:        [] or        []Against          []formation                   OR         Waive Speaking:           D In Support ~Against

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



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

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that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. 511.045 andJoint Rule I. 2020-2022JointRules.odf (flsenate.aov)

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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. $11.045 andJoint Rule 1. 2020-2022JointRules.pd[(f]senate.gov]

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

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

BILL:           CS/SB 1356
INTRODUCER:     Commerce and Tourism Committee and Senator Garcia
SUBJECT:        Handling of Animals
DATE:           February 4, 2026                REVISED:


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



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




  I.    Summary:

        CS/SB 1356 creates state oversight of dog breeding by:
        • Mandating the Department of Agriculture and Consumer Services (FDACS) adopt rules and
           best management practices for the breeding of dogs.
        • Requiring dog breeders to apply to the Department of Business and Professional Regulation
           (DBPR) for a certificate of registration to operate.
        • Prescribing penalties for dog breeders who do not comply with best management practices
           and directing DBPR to investigate noncompliance.

        The bill alters provisions regarding the sale of cats and dogs by:
        • Mandating pet dealers ensure pet financing arrangements are terminated without penalty to
           the consumer when the animal is found to be unfit for purchase due to illness or disease.
        • Requiring all financing terms to be disclosed to a consumer and implementing a three-day
           waiting period between the agreement and the possession of the pet.
        • Directing pet dealers to provide copies of medical records to consumers purchasing pets.
        • Requiring a specific written notice about consumer rights under s. 828.29, F.S., to be
           provided to and signed by the consumer upon the sale of a pet.
        • Instructing pet dealers to maintain records provided to consumers for seven years.
        • Providing that a violation of s. 828.29, F.S., is a violation of the Florida Deceptive and Unfair
           Trade Practices Act.
        • Allowing consumers to bring civil action to remedy violations of this law.
BILL: CS/SB 1356                                                                                                         Page 2

          The bill takes effect on July 1, 2026.

    II.   Present Situation:

          Florida Pet Sale Law

          Section 828.29, F.S., governs the sale of pets in Florida by mandating health requirements,
          providing sale regulations, and outlining remedies for violations of this section. Specifically,
          dogs transported into the state for sale must receive vaccines and anthelmintics against the
          following diseases/parasites: canine distemper, leptospirosis, bordatella, parainfluenza, hepatitis,
          canine parvo, rabies, roundworms, and hookworms, with exceptions concerning the age of the
          dog. Cats transported into this state must receive vaccines and anthelmintics against the
          following diseases/parasites: panleukopenia, feline viral rhinocheitis, calici virus, rabies,
          hookworms, and roundworms, with exceptions for the age of the cat. Each pet subject to these
          requirements must have a certificate of veterinary inspection while being offered for sale, and
          such examination of the pet must take place within a specified time.

          If a licensed veterinarian verifies that the animal was unfit for purchase due to contagious or
          infectious disease, the pet dealer1 must allow the consumer to either (1) return the animal and
          receive a refund of the purchase price, (2) return the animal and exchange it for another of
          equivalent value, or (3) retain the animal and receive reimbursement for reasonable veterinary
          costs. The statute provides exceptions to this requirement and the option for a pet dealer to
          contest a refund, exchange, or veterinary expenses. Additionally, pet dealers must include a
          written notice to the consumer at the time of sale of their rights pursuant to this section.

          Animal Industry Law

          Chapter 585, F.S., governs animal disease, inspection, and eradication in the state. Pursuant to s.
          585.007, F.S., a person who violates any provision of ch. 585, F.S., or any rules derived from the
          chapter, is subject to administrative fines and is guilty of a misdemeanor of the second degree.

          Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

          It is unlawful under the FDUTPA, ss. 501.201-501.213, F.S., for a party to take part in “unfair
          methods of competition, unconscionable acts or practices, and unfair or deceptive acts of
          practices in the conduct of any trade or commerce.”2 Such practices include fraudulent billing,3
          misleading a consumer or misrepresenting a product’s characteristics,4 or other behavior
          determined to be unfair by a court.5 Under the FDUTPA, the office of the state attorney or
          Department of Legal Affairs, either by their own inquiry or through complaints, may investigate

1
  “For the purposes of subsections (5)-(12) and (16), the term “pet dealer” means any person, firm, partnership, corporation,
or other association which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats,
per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a
consumer.” Section 828.29(13), F.S.
2
  Section 501.204, F.S.
3
  State Farm Mut. Auto. Ins. Co. v. Medical Service Center of Florida, Inc., 103 F. Supp. 3d 1343 (S.D. Fla. 2015).
4
  Lewis v. Mercedes-Benz USA, LLC, 530 F. Supp. 3d 1183 (S.D. Fla. 2021); Marty v. Anheuser-Busch Companies, LLC, 43
F. Supp. 3d 1333 (S.D. Fla. 2014).
5
  See Siever v. BWGaskets, Inc., 669 F. Supp. 2d 1286, 1292-93 (M.D. Fla. 2009).
BILL: CS/SB 1356                                                                                                    Page 3

        violations of the FDUTPA.6 In addition to other remedies under state and federal law, the
        enforcing authority may bring actions for declaratory judgment, injunctive relief, actual damages
        on behalf of consumers and businesses, cease and desist orders, and civil penalties up to $10,000
        per violation.7 Moreover, consumers may bring private actions against parties for violating the
        FDUTPA, resulting in either:
        • Declaratory judgment and injunctive relief when the consumer is aggrieved by a FDUTPA
            violation; or
        • Actual damages, attorney fees, and court costs, when the consumer has suffered a loss due to
            the FDUTPA violation.8

        Deceptive Pet Sales in Florida

        Litigation
        In 2020, the Florida Office of the Attorney General (AG) brought legal action against Hoof’s
        Pets, Inc., operating as Petland in central Florida, after receiving 104 consumer complaints over
        five years against the defendant.9 The AG sued the defendant for violating the FDUTPA and s.
        828.29, F.S., alleging the defendant misrepresented the health of puppies for sale, the goods and
        services bundled with the puppies, and the consumer rights and remedies available to
        customers.10 The court permanently prohibited the defendant from selling puppies with illness,
        misleading customers about puppies’ health, failing to provide documentation required by law,
        falsely representing the puppy’s AKC registrability, and more.11 While the defendant had already
        refunded customers over $123,000, the court ordered the defendant to pay an additional $85,000
        to consumers harmed by the defendant’s deceptive practices.12

        Economic Effects
        In 2022, Orange County passed an ordinance prohibiting the retail sale of dogs, cats, and
        rabbits.13 As a result of this ordinance and the aforementioned enforcement lawsuit, an economic
        report from the University of West Florida Haas Center showed a 55% decline in complaints to
        the Office of Attorney General over pet sales in the Orlando area from 2020-2024.14 However,
        despite Florida counties implementing local retail bans on the sale of pets, the abundance of
        animals from out-of-state puppy-mills and unethical breeders perpetuates the sale of sick pets.15
        The report explained that predatory financing, deceptive pet sales, and the sale of sick pets costs
        Floridians over $25 million each year.16
6
  The enforcing authority under the FDUTPA may “administer oaths and affirmations, subpoena witnesses or matter, and
collect evidence.” Section 501.206, F.S.
7
  Sections 501.207, 501.2077, 501.2075, 501.208, F.S.
8
  Sections 501.2105, 501.211, F.S.
9
  Att’y Gen. v. Hoof’s Pets, Inc., No. 2020-CA-5262-O, 5 (Fla. Orange Cty. Ct. Dec. 9, 2022) (order entering final judgment
in favor of the plaintiff).
10
   Id.
11
   Id. at 9-11. See id. at 9-22 for the full list of remedies ordered by the court.
12
   Id. at 19-20.
13
   UWF, Haas Center, The Cost of Deception: How Sick Pets Drain Florida’s Economy, available at
https://www.myfloridalegal.com/sites/default/files/2025-09/final_report_the_cost_of_deception_-
_how_sick_pets_drain_the_economy_12.8.2025.pdf (last visited Feb. 3, 2026).
14
   Id.
15
   Id.
16
   Id.
BILL: CS/SB 1356                                                                                                     Page 4

III.    Effect of Proposed Changes:

        State Oversight of Dog Breeding

        Best Management Practices
        Section 1 creates s. 585.701, F.S., requiring FDACS to adopt rules and best management
        practices for the breeding of dogs17 in the state. Among other considerations, FDACS must
        consider spacing and sanitation of dog cages/pens, requirements for access to clean water,
        limitation on the number of times a female dog may be bred,18 and appropriate sheltering of
        female dogs and their litters.19 Before adopting any rules, FDACS must submit the proposed
        rules to the Board of Veterinary Medicine.20 The board must verify the rules, best management
        practices, and other measures are reasonably effective. Finally, the bill states local jurisdictions
        in Florida may implement stricter requirements than those laid out under the bill.

        Certificate of Registration
        Section 3 creates s. 828.291, F.S., requiring dog breeders in Florida to apply to DBPR for a
        certificate of registration to operate. The dog breeder must submit documentation to DBPR
        showing that it meets the best management practices adopted by FDACS pursuant to s. 585.701,
        F.S. Subsequently, the certificate of registration must be renewed every two years.

        Under subsection (3), the bill also requires DBPR to investigate claims that certified dog
        breeders are not complying with best management practices. DBPR may establish a
        whistleblower program or contract with a private entity to do so. If a private entity is contracted
        to receive whistleblower calls, the private entity must provide monthly reports to DBPR with
        specific information.

        In subsection (4), the bill prescribes penalties for dog breeders or dog breeding facilities found
        to:
        • Overcrowd dogs in pens/cages with no space to move.
        • House dogs in enclosures with significant build-up of feces, urine, and waste.
        • Have dogs exhibiting untreated infections/parasites due to unsanitary conditions.
        • Limit access to clean water.
        • Breed a female dog more than twice a year.
        • Expose breeding females and their litters to extreme temperatures without appropriate
            shelter.

        Such practices/conditions result in penalties under ss. 828.073, 828.12, F.S., placement of the
        breeder or facility on the Department of Law Enforcement’s website pursuant to s. 828.12(7),

17
   “Dog breeder” means a person who owns or possesses breeding female dogs and offers for sale more than two litters of
dogs per calendar year. “Dog breeding facility” means a location that is the site of a dog breeder which houses five or more
breeding female dogs.
18
   “Breeding female dog” means a dog that has not been spayed and is more than 6 months old and capable of reproduction.
19
   “Litter” means the collection of dogs birthed, whether naturally or from cesarean section, from a breeding female dog from
the same pregnancy.
20
   The Board of Veterinary Medicine (board), under DBPR, regulates veterinarians, premise permits, veterinary
establishments and limited service clinics. Section 474.204, F.S.
BILL: CS/SB 1356                                                                                     Page 5

      F.S., and information on the breeder or facility shared with law enforcement for criminal
      prosecution.

      Consumer Protection

      Financing
      Section 2 amends s. 828.29, F.S., mandating that pet dealers ensure pet financing arrangements
      are terminated without penalty to the consumer when the animal is found to be unfit for purchase
      due to illness or disease. Subsection (6) in the bill requires that pet dealers disclose all financing
      terms to the consumer before the final sale. The bill also mandates a three-day waiting period
      between the consumer agreeing to finance the pet and the consumer taking possession of the
      animal. Such financing agreement may not be signed until the three-day waiting period has
      passed. The bill also removes the option for consumers to sign waivers relinquishing their rights
      to return a pet for congenital or hereditary disorders.

      Pet Medical Records
      Under the bill, subsection (7) requires pet dealers to provide copies of medical records to the
      consumer regarding all medication examinations, tests, and medications given.

      Written Notice
      Additionally, the bill updates the notice provision in subsection (12), which pet dealers are
      required to provide to the consumer at the time of sale. The notice must be separate from the
      contract with specific wording which includes the following information: “You have the right to
      return or exchange a dog or cat purchased from a pet dealer and receive reimbursement for
      certain veterinary expenses. A copy of this law is attached to this notice.”

      Record Retention
      Subsection (18) requires pet dealers to retain records provided to consumers for sales of animals
      under s. 828.29, F.S., for at least seven years after the sale. Further, retail stores that offer
      animals for sale must:
      • Provide the city or county animal rescue/shelter the opportunity to inventory the animals the
         rescue/shelter has available for adoption prior to offering retail space to dog breeders and
         breeding facilities.
      • Ensure the dog breeder or breeding facility, from which the store has acquired dogs, follows
         the best management practices adopted by FDACS pursuant to s. 585.701, F.S.

      Remedies
      Under subsection (19) of the bill, pet dealers who violate s. 828.29, F.S., are committing an
      unfair method of competition or an unfair or deceptive act under the Florida Deceptive and
      Unfair Trade Practices Act (FDUTPA), ss. 501.201-501.213, F.S. Additionally, subsection (20)
      of the bill specifies that consumers may cure violations under s. 828.29, F.S., via civil action for
      damages, costs, and attorney fees. This does not limit consumers’ other rights and remedies
      under law.
BILL: CS/SB 1356                                                                                  Page 6

       Effective Date

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

IV.    Constitutional Issues:

       A.      Municipality/County Mandates Restrictions:

               None.

       B.      Public Records/Open Meetings Issues:

               None.

       C.      Trust Funds Restrictions:

               None.

       D.      State Tax or Fee Increases:

               None.

       E.      Other Constitutional Issues:

               None identified.

 V.    Fiscal Impact Statement:

       A.      Tax/Fee Issues:

               None.

       B.      Private Sector Impact:

               Indeterminate. There may be increased costs for pet breeders to comply with the bill.

       C.      Government Sector Impact:

               Indeterminate. There may be increased expenditures for FDACS and DBPR to enforce
               the bill.

VI.    Technical Deficiencies:

       None.

VII.   Related Issues:

       Under s. 585.007, F.S., a person who violates any provision of ch. 585, F.S., or any rules derived
       from the chapter, is subject to an administrative fine and is guilty of a misdemeanor of the
       second degree. It is unclear whether the placement of best management practices for dog
 BILL: CS/SB 1356                                                                                                                     Page 7

        breeders in ch. 585, F.S., results in an administrative fine and a second degree misdemeanor for
        violations.

        Additionally, the provisions under Section 2 of the bill are substantially similar to the language
        in SB 1004 as of January 21, 2026.

VIII.   Statutes Affected:

        This bill substantially amends section 828.29 of the Florida Statutes.
        This bill creates the following sections of the Florida Statutes: 585.701, 828.291.

 IX.    Additional Information:

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

                 CS by Commerce and Tourism Committee on February 4, 2026:
                 The amendment removes the section of the bill giving the Department of Agriculture and
                 Consumer Services regulatory and operational oversight of local animal shelters. The
                 amendment also makes technical changes to the bill which do not affect its substance.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
    Florida Senate - 2026                           COMMITTEE AMENDMENT
    Bill No. SB 1356




                            Ì695212|Î695212


                            LEGISLATIVE ACTION
          Senate                       .                  House
         Comm: FAV                     .
        02/04/2026                     .
                                       .
                                       .
                                       .




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


1       Senate Amendment (with title amendment)
2
3       Delete lines 113 - 144.
4
5   ================= T I T L E    A M E N D M E N T ================
6   And the title is amended as follows:
7       Delete lines 11 - 16
8   and insert:
9       providing construction;




                                  Page 1 of 1
    2/2/2026 12:45:54 PM                                   577-02124-26
      Florida Senate - 2026                                        SB 1356         Florida Senate - 2026                                        SB 1356



      By Senator Garcia




      36-01238A-26                                              20261356__         36-01238A-26                                              20261356__
1                             A bill to be entitled                          30         copies of specified medical records to a consumer;
2          An act relating to the handling of animals; creating              31         revising requirements for a required notice to a
3          s. 585.701, F.S.; providing legislative findings and              32         consumer; revising the text of the required notice;
4          intent; defining terms; requiring the Department of               33         requiring a pet dealer to retain a copy of the signed
5          Agriculture and Consumer Services to develop and adopt            34         notice; requiring that the consumer be given a copy of
6          rules, best management practices, and other measures              35         the signed notice; requiring a pet dealer to retain
7          for dog breeding in this state; requiring the                     36         certain records for a specified timeframe; specifying
8          department to consider certain criteria in developing             37         requirements for retail stores that offer animals for
9          the rules; requiring the Board of Veterinary Medicine             38         sale; requiring retail stores to ensure that dog
10         to verify that the proposed rules meet certain goals;             39         breeders and dog breeding facilities from which the
11         providing construction; creating s. 828.265, F.S.;                40         store acquires dogs meet certain best management
12         providing legislative findings; defining terms;                   41         practices; providing that violations constitute an
13         preempting the regulatory and operational oversight of            42         unfair method of competition or an unfair or deceptive
14         local animal shelters to the department; requiring the            43         act or practice in violation of specified provisions
15         department to adopt certain rules; encouraging the                44         and are subject to penalties; providing a private
16         department to collaborate with certain entities;                  45         cause of action; providing construction; creating s.
17         amending s. 828.29, F.S.; requiring that a pet sale               46         828.291, F.S.; defining terms; requiring dog breeders
18         financing agreement be terminated without penalty                 47         to apply to the Department of Business and
19         under certain circumstances; deleting a limit on                  48         Professional Regulation for a certificate of
20         veterinary costs under certain provisions; requiring              49         registration and to renew the certificate at specified
21         that all financial terms be disclosed to the consumer             50         intervals; authorizing the department to investigate
22         before the sale of an animal; requiring a specified               51         certain claims; authorizing the department to
23         mandatory waiting period between the purchase and                 52         establish a whistleblower program for a specified
24         receipt of an animal if the transaction is financed by            53         purpose; specifying requirements for such program;
25         the consumer and prohibiting the signing of such                  54         providing penalties for specified practices and
26         agreement before the conclusion of such waiting                   55         conditions; requiring certain individuals, dog
27         period; deleting certain provisions relating to a                 56         breeders, and dog breeding facilities to be placed on
28         consumer’s waiver relinquishing his or her rights to              57         a public animal abuser database; requiring the
29         return an animal; requiring a pet dealer to provide               58         department to provide certain information to law

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      Florida Senate - 2026                                        SB 1356          Florida Senate - 2026                                      SB 1356




      36-01238A-26                                             20261356__           36-01238A-26                                            20261356__
59         enforcement for the purpose of pursuing criminal                  88          (f) “Litter” means the collection of dogs birthed, whether
60         charges; providing an effective date.                             89     naturally or from cesarean section, from a breeding female dog
61                                                                           90     from the same pregnancy.
62    Be It Enacted by the Legislature of the State of Florida:              91          (3) The department shall:
63                                                                           92          (a) Develop and adopt rules, best management practices, and
64         Section 1.   Section 585.701, Florida Statutes, is created to     93     other measures necessary to improve the practices of dog
65    read:                                                                  94     breeders and dog breeding facilities in a way that protects this
66         585.701 Dog breeders; best management practices.—                 95     state’s domestic animal resources and preserves a viable and
67         (1) The Legislature finds that the safe and ethical               96     ethical dog breeding industry. In developing the rules, the
68    breeding of dogs in this state is a matter of great public             97     department shall consider, at a minimum, the spacing of and
69    importance, and that breeding dogs for profit without regard for       98     sanitation guidelines for cages and pens, requiring adequate
70    the condition in which the dogs live or how they are cared for         99     access to clean water, limiting the number of times a breeding
71    is an act of animal cruelty. Therefore, the Legislature intends        100    female dog may be bred per year, and providing breeding female
72    to ensure that dog breeding is done in an ethical manner by            101    dogs and their litters with appropriate shelter.
73    establishing best management practices to ensure the humane            102         (b) Before adopting any rules, best management practices,
74    treatment of animals.                                                  103    and other measures required by paragraph (a), submit the
75         (2) As used in this section, the term:                            104    proposed rules to the board. The board shall verify that the
76         (a) “Board” means the Board of Veterinary Medicine.               105    proposed rules, best management practices, and other measures
77         (b) “Breeding female dog” means a dog that has not been           106    developed by the department will be reasonably effective in
78    spayed and is more than 6 months old and capable of                    107    achieving the goals of this section. The board shall notify the
79    reproduction.                                                          108    department of its initial verification.
80         (c) “Department” means the Department of Agriculture and          109         (4) This section may not be construed to prohibit a local
81    Consumer Services.                                                     110    jurisdiction from implementing requirements for dog breeders or
82         (d) “Dog breeder” means a person who owns or possesses            111    dog breeding facilities which are stricter than those in this
83    breeding female dogs and offers for sale more than two litters         112    section or any rule adopted by the department.
84    of dogs per calendar year.                                             113         Section 2.   Section 828.265, Florida Statutes, is created to
85         (e) “Dog breeding facility” means a location that is the          114    read:
86    site of a dog breeder which houses five or more breeding female        115         828.265 Regulation of animal shelters.—
87    dogs.                                                                  116         (1) The Legislature finds that a lack of resources,

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       Florida Senate - 2026                                        SB 1356          Florida Senate - 2026                                        SB 1356




       36-01238A-26                                              20261356__          36-01238A-26                                              20261356__
117    training, and consistent enforcement of rules at the local level       146    (17) of section 828.29, Florida Statutes, are amended, and
118    has resulted in an undermining of the public trust of, and a           147    subsections (18) through (21) are added to that section, to
119    failure to protect vulnerable animals housed in, local animal          148    read:
120    shelters. Therefore, the Legislature intends to provide                149         828.29 Dogs and cats transported or offered for sale;
121    statewide oversight of local animal shelters to ensure                 150    health requirements; consumer guarantee; disclosures.—
122    consistent implementation and enforcement of rules governing           151         (5) If, within 14 days after following the sale by a pet
123    local animal shelters.                                                 152    dealer of an animal subject to this section, a licensed
124         (2) As used in this section, the term:                            153    veterinarian of the consumer’s choosing certifies that, at the
125         (a) “Department” means the Department of Agriculture and          154    time of the sale, the animal was unfit for purchase due to
126    Consumer Services.                                                     155    illness or disease, the presence of symptoms of a contagious or
127         (b) “Local animal shelter” includes city and county animal        156    infectious disease, or the presence of internal or external
128    rescues and animal shelters.                                           157    parasites, excluding fleas and ticks; or if, within 1 year after
129         (3) The regulatory and operational oversight of local             158    following the sale of an animal subject to this section, a
130    animal shelters is preempted to the department.                        159    licensed veterinarian of the consumer’s choosing certifies such
131         (4) The department shall adopt rules governing all of the         160    animal to be unfit for purchase due to a congenital or
132    following:                                                             161    hereditary disorder which adversely affects the health of the
133         (a) Basic standards for the care of animals housed in local       162    animal; or if, within 1 year after following the sale of an
134    animal shelters, including providing adequate food, water,             163    animal subject to this section, the breed, sex, or health of
135    shelter, and medical treatment.                                        164    such animal is found to have been misrepresented to the
136         (b) Mandatory reporting requirements for local animal             165    consumer, the pet dealer shall afford the consumer the right to
137    shelters to report intake, adoption, and euthanasia statistics         166    choose one of the following options:
138    in a standardized format.                                              167         (a) The right to return the animal and receive a refund of
139         (c) Guidelines for the safe and humane euthanasia of              168    the purchase price, including the sales tax, and reimbursement
140    animals.                                                               169    for reasonable veterinary costs directly related to the
141         (d) Periodic inspections of local animal shelters.                170    veterinarian’s examination and certification that the dog or cat
142         (5) The department is encouraged to collaborate with              171    is unfit for purchase pursuant to this section and directly
143    reputable nonprofit and private organizations to manage animal         172    related to necessary emergency services and treatment undertaken
144    shelters.                                                              173    to relieve suffering. If the consumer financed the animal, the
145         Section 3.   Subsections (5) through (8), (10), (12), and         174    pet dealer must ensure that the financing arrangement is

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       Florida Senate - 2026                                       SB 1356           Florida Senate - 2026                                        SB 1356




       36-01238A-26                                              20261356__          36-01238A-26                                            20261356__
175    terminated without penalty to the consumer;                            204    hours, excluding weekends and holidays, in which to have the
176         (b) The right to return the animal and receive an exchange        205    animal examined by a licensed veterinarian of the consumer’s
177    dog or cat of the consumer’s choice of equivalent value, and           206    choosing. If the veterinarian certifies that, at the time of
178    reimbursement for reasonable veterinary costs directly related         207    sale, the dog or cat was unfit for purchase due to a congenital
179    to the veterinarian’s examination and certification that the dog       208    or hereditary disorder, the pet dealer must afford the consumer
180    or cat is unfit for purchase pursuant to this section and              209    the right to choose one of the following options:
181    directly related to necessary emergency services and treatment         210         (a) The right to return the animal and receive a refund of
182    undertaken to relieve suffering; or                                    211    the purchase price, including sales tax, but excluding the
183         (c) The right to retain the animal and receive                    212    veterinary costs related to the certification that the dog or
184    reimbursement for reasonable veterinary costs for necessary            213    cat is unfit; or
185    services and treatment related to the attempt to cure or curing        214         (b) The right to return the animal and receive an exchange
186    of the dog or cat.                                                     215    dog or cat of the consumer’s choice of equivalent value, but not
187                                                                           216    a refund of the veterinary costs related to the certification
188    Reimbursement for veterinary costs may not exceed the purchase         217    that the dog or cat is unfit.
189    price of the animal. The cost of veterinary services is                218         (7) Before the sale of an animal, a pet dealer must provide
190    reasonable if comparable to the cost of similar services               219    to the consumer copies of records of all medical examinations or
191    rendered by other licensed veterinarians in proximity to the           220    tests that were conducted on the animal or any medication given
192    treating veterinarian and the services rendered are appropriate        221    before the purchase of the animal. A pet dealer may specifically
193    for the certification by the veterinarian.                             222    state at the time of sale, in writing to the consumer, the
194         (6) All financing terms must be disclosed to the consumer         223    presence of specific congenital or hereditary disorders, in
195    before the sale of the animal. A mandatory waiting period of at        224    which case the consumer has no right to any refund or exchange
196    least 3 calendar days must be imposed between the date of an           225    for those disorders.
197    agreement to purchase an animal and the date on which the              226         (8) The refund or exchange required by subsection (5) must
198    consumer takes possession of the animal, if the consumer is            227    or subsection (6) shall be made by the pet dealer not later than
199    financing the animal. A financing agreement may not be signed by       228    10 business days after following receipt of a signed veterinary
200    the consumer until the conclusion of the 3-day waiting period A        229    certification as required in subsection (5) or subsection (6).
201    consumer may sign a waiver relinquishing his or her right to           230    The consumer must notify the pet dealer within 2 business days
202    return the dog or cat for congenital or hereditary disorders. In       231    after the veterinarian’s determination that the animal is unfit.
203    the case of such waiver, the consumer has 48 normal business           232    The written certification of unfitness must be presented to the

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       Florida Senate - 2026                                        SB 1356          Florida Senate - 2026                                        SB 1356




       36-01238A-26                                             20261356__           36-01238A-26                                              20261356__
233    pet dealer not later than 3 business days after following              262
234    receipt thereof by the consumer.                                       263         Sworn to (or affirmed) and subscribed before me this
235         (10) If a pet dealer wishes to contest a demand for               264         .... day of ...., ...., by ...(name of person making
236    veterinary expenses, refund, or exchange made by a consumer            265         statement)....
237    under this section, the dealer may require the consumer to             266
238    produce the animal for examination by a licensed veterinarian          267         It is the consumer’s right, pursuant to section
239    designated by the dealer. Upon such examination, if the consumer       268         828.29, Florida Statutes, to receive a certificate of
240    and the dealer are unable to reach an agreement that constitutes       269         veterinary inspection with each dog or cat purchased
241    one of the options set forth in subsection (5) or subsection (6)       270         from a pet dealer. Such certificate shall list all
242    within 10 business days after following receipt of the animal          271         vaccines and deworming medications administered to the
243    for such examination, the consumer may initiate an action in a         272         animal and shall state that the animal has been
244    court of competent jurisdiction to recover or obtain                   273         examined by a Florida-licensed veterinarian who
245    reimbursement of veterinary expenses, refund, or exchange.             274         certifies that, to the best of the veterinarian’s
246         (12) Every pet dealer who sells an animal to a consumer           275         knowledge, the animal was found to have been healthy
247    shall must provide the consumer at the time of sale with a             276         at the time of the veterinary examination. In the
248    printed, written notice. The pet dealer shall retain a copy of         277         event that the consumer purchases the animal and finds
249    the signed notice, and the consumer must be given a copy of the        278         it to have been unfit for purchase as provided in
250    signed notice. The notice, printed or typed, which is separate         279         section 828.29(5), Florida Statutes, the consumer must
251    from the contract, shall read reads as follows:                        280         notify the pet dealer within 2 business days of the
252                                                                           281         veterinarian’s determination that the animal was
253                             RIGHT TO CANCEL                               282         unfit. The consumer has the right to retain, return,
254         Florida consumers have certain rights under s. 828.29,            283         or exchange the animal and receive reimbursement for
255         Florida Statutes. You have the right to return or                 284         certain related veterinary services rendered to the
256         exchange a dog or cat purchased from a pet dealer and             285         animal, subject to the right of the dealer to have the
257         receive reimbursement for certain veterinary expenses.            286         animal examined by another veterinarian.
258         A copy of this law is attached to this notice.                    287
259                                                                           288         (17) Except as otherwise provided in this chapter, a person
260         ...(Signature of Owner, or Owner’s or Authorized                  289    who violates any provision of this section commits a misdemeanor
261         Agent)...                                                         290    of the first degree, punishable as provided in s. 775.082 or s.

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       Florida Senate - 2026                                        SB 1356          Florida Senate - 2026                                       SB 1356




       36-01238A-26                                             20261356__           36-01238A-26                                             20261356__
291    775.083.                                                               320    spayed and is more than 6 months old and capable of
292         (18) A pet dealer shall retain any record provided to a           321    reproduction.
293    consumer pursuant to the sale of an animal under this section          322         (b) “Department” means the Department of Business and
294    for at least 7 years after the sale.                                   323    Professional Regulation.
295         (19) A retail store that offers animals for sale shall do         324         (c) “Dog breeder” means a person who owns or possesses
296    both of the following:                                                 325    breeding female dogs and offers for sale more than two litters
297         (a) Provide the city or county animal rescue or animal            326    of dogs per calendar year.
298    shelter the opportunity to inventory the animals the rescue or         327         (d) “Dog breeding facility” means a location that is the
299    shelter, respectively, has available for adoption before               328    site of a dog breeder which houses five or more breeding female
300    offering retail space to a dog breeder or dog breeding facility.       329    dogs.
301         (b) Ensure the dog breeder or dog breeding facility from          330         (e) “Litter” means the collection of dogs birthed, whether
302    which the store has acquired a dog meets the best management           331    naturally or from cesarean section, from a breeding female dog
303    practices adopted by the Department of Agriculture and Consumer        332    from the same pregnancy.
304    Services pursuant to s. 585.701.                                       333         (2) Each dog breeder in this state must apply to the
305         (20) A pet dealer who violates this section commits an            334    department, on forms supplied by the department, for a
306    unfair method of competition or an unfair or deceptive act or          335    certificate of registration. The certificate of registration
307    practice in violation of part II of chapter 501 and is subject         336    must be renewed every 2 years thereafter. To be eligible to
308    to the penalties and remedies provided for such violations.            337    receive a certificate of registration, a dog breeder must submit
309         (21) In addition to any other penalties or remedies               338    documentation to the department that the breeder meets the best
310    provided by law, a consumer injured by a violation of this             339    management practices adopted by the Department of Agriculture
311    section may bring a civil action to recover damages or punitive        340    and Consumer Services pursuant to s. 585.701.
312    damages, including court costs, attorney fees, and related             341         (3) If the department is notified that a certified dog
313    expenses. This section does not limit any right or remedy              342    breeder is not in compliance with the best management practices
314    provided under law.                                                    343    adopted by the Department of Agriculture and Consumer Services
315         Section 4.   Section 828.291, Florida Statutes, is created to     344    pursuant to s. 585.701, the department may investigate such
316    read:                                                                  345    claim. The department may establish a whistleblower program
317         828.291 Dog breeder certificate of registration.—                 346    through which any individual may alert the department or its
318         (1) As used in this section, the term:                            347    contracted authority about a violation of s. 585.701. The
319         (a) “Breeding female dog” means a dog that has not been           348    department may contract with a private entity to administer the

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       Florida Senate - 2026                                        SB 1356




       36-01238A-26                                            20261356__
349    whistleblower program. If a private entity is contracted to
350    receive calls, the private entity must provide monthly reports
351    to the department detailing the number of calls received, the
352    number of calls referred to law enforcement, and the status of
353    each case referred to law enforcement.
354         (4) Any individual, dog breeder, or dog breeding facility
355    that is found to employ any of the following practices or
356    conditions is subject to penalties under s. 828.073 or s.
357    828.12; the individual, dog breeder, or dog breeding facility
358    must be placed on the Department of Law Enforcement’s website
359    pursuant to s. 828.12(7); and the department shall provide all
360    applicable information to law enforcement to pursue criminal
361    charges:
362         (a) Overcrowding of dogs crammed into cages or pens with no
363    space to move.
364         (b) Enclosures with significant build-up of feces, urine,
365    and waste.
366         (c) Dogs exhibiting untreated infections or parasites due
367    to unsanitary conditions.
368         (d) Limited or no access to clean water.
369         (e) Breeding a female dog more than 2 times per year.
370         (f) Exposing breeding females and their litters to extreme
371    temperatures without appropriate shelter.
372         Section 5.   This act shall take effect July 1, 2026.




                                   Page 13 of 13
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    Florida Senate - 2026                           COMMITTEE AMENDMENT
    Bill No. SB 1356




                            Ì695212|Î695212


                            LEGISLATIVE ACTION
          Senate                       .                  House
         Comm: FAV                     .
        02/04/2026                     .
                                       .
                                       .
                                       .




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


1       Senate Amendment (with title amendment)
2
3       Delete lines 113 - 144.
4
5   ================= T I T L E    A M E N D M E N T ================
6   And the title is amended as follows:
7       Delete lines 11 - 16
8   and insert:
9       providing construction;




                                  Page 1 of 1
    2/2/2026 12:45:54 PM                                   577-02124-26
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                                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                                sponsored by:




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                                                                                                                                                (travel, meals, lodging, etc.),


                                                   F(kiro Coat ol Koc""
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                                                                                                                                 {)             (travel, meals, lodging, etc.),



                                                                                                                                CG"
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                                                                           representing:
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                                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                                           sponsored by:

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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. 511.045 andJoint Rule I. 2020-2022JointRules.odf (ff senate.gov)

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

                           Committee Agenda Request




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

Subject:       Committee Agenda Request

Date:          January 20, 2026



I respectfully request that Senate Bill #1356, relating to Handling of Animals, be placed on the:

        []     committee agenda at your earliest possible convenience.

        []     next committee agenda.



                                                                   l
                                             Senator Ileana Garcia
                                             Florida Senate, District 36




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

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

BILL:              SB 1456
INTRODUCER:        Senator Osgood
SUBJECT:           Doula Workforce Development
DATE:              February 3, 2026               REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Dike                               McKay                                CM               Pre-meeting
2.                                                                         ATD
3.                                                                          FP



    I.    Summary:

          SB 1456 creates the Doula Workforce Development Program within the Department of
          Commerce (department) to increase the doula workforce in the state. The program intends to
          reduce disparities in maternal and infant health outcomes through grants to doula training
          entities, focusing on communities with limited or few healthcare resources. The bill gives the
          department rulemaking authority to develop the grant process and implement the program. The
          bill also includes yearly reporting requirements for the department and appropriates funds for
          2026-2027.

          The bill takes effect on July 1, 2026.

    II.   Present Situation:

          Doulas

          Doulas are non-clinical professionals that provide support during and after pregnancy alongside
          medical professionals.1 Doulas may specialize in pregnancy, birth, or postpartum issues, or offer
          support throughout the reproductive journey.2 Among many other tasks, doulas can provide
          emotional support and patient advocacy before and during birth; assist with housework and
          childcare; and teach proper breastfeeding techniques.3 Studies show that doulas improve health
          outcomes during pregnancy, “mitigating health disparities in groups at risk due to racial and




1
  CLEVELAND CLINIC, Doula, available at https://my.clevelandclinic.org/health/articles/23075-doula (last visited Feb. 3,
2026).
2
  Id.
3
  Id.
BILL: SB 1456                                                                                                    Page 2

        socioeconomic stigmas via their roles as intermediaries between pregnant women and healthcare
        staff.”4

        Further research shows that doula support can reduce healthcare expenditures during pregnancy
        and help avoid costly healthcare emergencies.5 One model revealed that “a professional doula
        was potentially cost-saving up to $884 and cost-effective up to $1360 per doula.”6 While some
        states have required Medicaid or private insurers to cover doula services, many people cannot
        afford doula services.7

        Additionally,
               [b]eyond cost savings, the broader health benefits of doulas are well documented
               across the pregnancy and care continuum… and include:
               • a 15% improvement in the likelihood of having a spontaneous vaginal birth;
               • a 40% reduction in the likelihood of cesarean births;
               • a more than 20% reduction in the odds of preterm birth;
               • a 10% reduction in the use of pain medications during labor;
               • an average 41 minute reduction in total labor time;
               • a four-fold reduction in babies with a low birth weight;
               • a two-fold reduction in birth complication;
               • a 35% reduction in the likelihood of having a negative birthing experience;
               • a nearly 65% reduction in the odds of experiencing postpartum anxiety or
                   depression; and
               • a 20% improvement in the likelihood of breastfeeding initiation among
                   Medicaid recipients.8

III.    Effect of Proposed Changes:

        Doula Workforce Development Program

        The bill creates the Doula Workforce Development Support Program within the department to
        provide grants and technical assistance to doula training entities to expand the state’s doula
        workforce. The program must prioritize support for entities service high-need regions, including:
        • Urban counties with high maternal morbidity disparities;
        • Rural areas with limited or no obstetric providers or maternity wards; and
        • Communities affected by recent hospital closures or reductions in maternity services.



4
  Alexandria Sobczak, et al., The Effect of Doulas on Maternal and Birth Outcomes: A Scoping Review, CUREUS 15(5), May
24, 2023), available at https://pmc.ncbi.nlm.nih.gov/articles/PMC10292163/#abstract1 (last visited Feb. 3, 2026).
5
  Karen S. Greiner et al., The Cost-Effectiveness of Professional Doula Care for a Woman's First Two Births: A Decision
Analysis Model, 64 J. MIDWIFERY WOMEN'S HEALTH 410 (2019), available at https://pubmed.ncbi.nlm.nih.gov/31034756/
(last visited Feb. 3, 2026).
6
  Id.
7
  Ariel Eastburn, et al., NAT’L HEALTH LAW PROGRAM, A Cost-Benefit Analysis of Doula Care from a Public Health
Framework at 10, available at https://healthlaw.org/resource/a-cost-benefit-analysis-of-doula-care-from-a-public-health-
framework/ (last visited Feb. 3, 2026).
8
  See id. at 12.
BILL: SB 1456                                                                                     Page 3

      Grants

      Under the bill, the department may award competitive or formula-based grants to eligible doula
      training entities. The department is not allowed to use funds to directly recruit, hire, or employe
      doulas as state employees or contractors. Grant funds may be used for any of the following:
      • Training, mentoring, or apprenticeship program expansion.
      • Instructor compensation and curriculum modernization.
      • Recruitment and support of trainees from high-need regions.
      • Program administration, evaluation, and outreach.
      • Business development training for doulas, including assistance with incorporation, insurance,
          marketing, and entrepreneurship.
      • Stipends or workforce support for newly trained doulas, administered through the eligible
          entity.
      • Partnership development with hospitals, Medicaid managed care plans, clinics, community
          health workers, Healthy Start coalitions, or other maternal health service providers.

      The bill further grants the department rulemaking authority to implement this bill. The
      department must consider the following when developing grant criteria:
      • The demonstrated capacity of the entity to train or mentor doulas.
      • The geographic areas served and the documented need for doula workforce expansion.
      • The entity’s experience serving culturally diverse and high-disparity populations.
      • Partnerships with workforce development boards or educational institutions.
      • Plans for sustainability and long-term workforce placement.

      Reporting

      Each year the department must submit a report to the Governor, President of the Senate, and the
      Speaker of the House of Representatives, which summarizes:
      • Grant recipients and award amounts;
      • The number of doulas trained, mentored, or supported by funded entities;
      • The geographic distribution of program activities;
      • Workforce outcomes, including business development successes and job placements; and
      • Recommendations for program improvements.

      Funding

      Additionally, the bill appropriates $7.5 million to the department to implement the program. Up
      to $500,000 of the funds may be used by the department for administrative expenses, program
      management, technical assistance, and data collection and evaluation. The remaining funds must
      be distributed as grants pursuant to s. 445.0075, F.S.

      Effective Date

      The bill sets forth an effective date of July 1, 2026.
 BILL: SB 1456                                                                                    Page 4

 IV.    Constitutional Issues:

        A.       Municipality/County Mandates Restrictions:

                 None.

        B.       Public Records/Open Meetings Issues:

                 None.

        C.       Trust Funds Restrictions:

                 None.

        D.       State Tax or Fee Increases:

                 None.

        E.       Other Constitutional Issues:

                 None identified.

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 Indeterminate. Grants may increase the doula workforce, creating jobs and increasing
                 revenue for doula support businesses.

        C.       Government Sector Impact:

                 The bill appropriates $7.5 million to the department for implementation. Funds
                 appropriated under the bill which are not encumbered by June 30, 2027, must be returned
                 to the General Revenue Fund.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill creates section 445.0075 of the Florida Statutes.
BILL: SB 1456                                                                                                                        Page 5

IX.   Additional Information:

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

                None.

      B.        Amendments:

                None.

        This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
      Florida Senate - 2026                                        SB 1456         Florida Senate - 2026                                       SB 1456



      By Senator Osgood




      32-01247-26                                               20261456__         32-01247-26                                               20261456__
1                             A bill to be entitled                          30         (a) The Legislature finds that:
2          An act relating to doula workforce development;                   31         1. This state continues to experience persistent maternal
3          creating s. 445.0075, F.S.; providing legislative                 32    morbidity and mortality disparities that disproportionately
4          findings and intent; defining terms; establishing the             33    affect Black, Brown, rural, and low-income communities.
5          Doula Workforce Development Support Program within the            34         2. Doulas have been shown to improve maternal and infant
6          Department of Commerce to provide grants and technical            35    health outcomes, reduce preventable complications, increase
7          assistance to eligible doula training entities for a              36    prenatal care engagement, and strengthen postpartum recovery.
8          specified purpose; requiring the department to                    37         3. Existing doula training organizations, community-based
9          prioritize support to high-need regions; providing for            38    doula programs, nonprofit entities, and private educational
10         the grant of awards under the program; specifying                 39    institutions serve a critical role in building a maternal health
11         authorized uses of the grant funds; prohibiting the               40    workforce but are under-resourced.
12         department from using the funds for specified                     41         4. Supporting these entities through the state’s workforce
13         purposes; requiring the department to adopt rules for             42    development infrastructure is essential to meeting regional
14         the administration of the program; requiring the                  43    maternal health needs, especially in urban high-disparity
15         department to consider specified factors in developing            44    counties, rural maternity-care deserts, and regions experiencing
16         grant criteria; requiring the department to submit                45    hospital closures or obstetric service reductions.
17         annual reports to the Governor and the Legislature by             46         (b) It is the intent of the Legislature to strengthen the
18         a specified date; providing requirements for the                  47    state’s doula workforce by supporting the organizations that
19         report; authorizing the department to require grant               48    train, mentor, and deploy doulas, and to expand economic and
20         recipients to submit certain data; authorizing the                49    small-business opportunities for community-based birth workers
21         department to adopt rules; providing an appropriation;            50    through the Department of Commerce.
22         providing an effective date.                                      51         (2) DEFINITIONS.—As used in this section, the term:
23                                                                           52         (a) “Department” means the Department of Commerce.
24    Be It Enacted by the Legislature of the State of Florida:              53         (b) “Doula” means a nonmedical birth support professional
25                                                                           54    trained to give physical and emotional support during
26         Section 1.   Section 445.0075, Florida Statutes, is created       55    childbirth.
27    to read:                                                               56         (c) “Doula training entity” means a nonprofit organization,
28         445.0075 Doula Workforce Development Support Program.—            57    community-based program, training collective, academic
29         (1) LEGISLATIVE FINDINGS AND INTENT.—                             58    institution, or private educational provider that conducts doula

                                  Page 1 of 6                                                                 Page 2 of 6
     CODING: Words stricken are deletions; words underlined are additions.        CODING: Words stricken are deletions; words underlined are additions.
      Florida Senate - 2026                                       SB 1456           Florida Senate - 2026                                       SB 1456




      32-01247-26                                               20261456__          32-01247-26                                               20261456__
59    training, mentoring, continuing education, or workforce                88     expansion.
60    placement activities.                                                  89          2. Instructor compensation and curriculum modernization.
61         (d) “Doula workforce support services” means instructor           90          3. Recruitment and support of trainees from high-need
62    compensation, curriculum development, program expansion,               91     regions.
63    administrative support, business development training for              92          4. Program administration, evaluation, and outreach.
64    doulas, mentoring, apprenticeship structures, evaluation and           93          5. Business development training for doulas, including
65    data activities, and related capacity-building functions.              94     assistance with incorporation, insurance, marketing, and
66         (e) “High-need region” means a county or region identified        95     entrepreneurship.
67    by the department as having elevated maternal morbidity rates,         96          6. Stipends or workforce support for newly trained doulas,
68    limited numbers of maternity care providers, or insufficient           97     administered through the eligible entity.
69    doula availability.                                                    98          7. Partnership development with hospitals, Medicaid managed
70         (3) PROGRAM ESTABLISHMENT.—                                       99     care plans, clinics, community health workers, Healthy Start
71         (a) The Doula Workforce Development Support Program is            100    coalitions, or other maternal health service providers.
72    established within the department to provide grants and                101         (c) The department may not use funds to directly recruit,
73    technical assistance to eligible doula training entities for the       102    hire, or employ doulas as state employees or contractors
74    purpose of expanding the state’s doula workforce.                      103    providing clinical services.
75         (b) The program shall prioritize support for entities             104         (5) PROGRAM ADMINISTRATION.—
76    serving high-need regions, including:                                  105         (a) The department shall establish by rule application
77         1. Urban counties with high maternal morbidity disparities.       106    procedures, grant criteria, allowable costs, reporting
78         2. Rural areas with limited or no obstetric providers or          107    requirements, and monitoring processes.
79    maternity wards.                                                       108         (b) In developing grant criteria, the department shall
80         3. Communities affected by recent hospital closures or            109    consider all of the following:
81    reductions in maternity services.                                      110         1. The demonstrated capacity of the entity to train or
82         (4) GRANTS; ELIGIBILITY; USE OF FUNDS.—                           111    mentor doulas.
83         (a) The department may award competitive or formula-based         112         2. The geographic areas served and the documented need for
84    grants to eligible doula training entities to support doula            113    doula workforce expansion.
85    workforce development.                                                 114         3. The entity’s experience serving culturally diverse and
86         (b) Grant funds may be used for any of the following:             115    high-disparity populations.
87         1. Training, mentoring, or apprenticeship program                 116         4. Partnerships with local workforce development boards or

                                 Page 3 of 6                                                                      Page 4 of 6
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2026                                        SB 1456          Florida Senate - 2026                                        SB 1456




       32-01247-26                                              20261456__           32-01247-26                                             20261456__
117    educational institutions.                                              146         (b) The remaining funds shall be placed in a Grants and
118         5. Plans for sustainability and long-term workforce               147    Aids – Doula Workforce Development Support Program category and
119    placement.                                                             148    distributed as competitive or formula-based grants to eligible
120         (6) REPORTING.—                                                   149    doula training entities in accordance with s. 445.0075, Florida
121         (a) By December 1 of each year, the department shall submit       150    Statutes, with priority given to entities serving high-need
122    a report to the Governor, the President of the Senate, and the         151    regions as defined in that section.
123    Speaker of the House of Representatives summarizing all of the         152         (3) Funds appropriated in this section which are not
124    following:                                                             153    encumbered by June 30, 2027, shall revert to the General Revenue
125         1. Grant recipients and award amounts.                            154    Fund.
126         2. The number of doulas trained, mentored, or supported by        155         Section 3.   This act shall take effect July 1, 2026.
127    funded entities.
128         3. The geographic distribution of program activities.
129         4. Workforce outcomes, including business development
130    successes and job placements.
131         5. Recommendations for program improvements.
132         (b) The department may require grant recipients to submit
133    data necessary to compile the report.
134         (7) RULES.—The department may adopt rules necessary to
135    implement this section.
136         Section 2.    (1) For the 2026-2027 fiscal year, the
137    nonrecurring sum of $7.5 million from the General Revenue Fund
138    is appropriated to the Department of Commerce to implement s.
139    445.0075, Florida Statutes, relating to the Doula Workforce
140    Development Support Program.
141         (2) From the funds appropriated in subsection (1):
142         (a) Up to $500,000 may be used by the department for
143    administrative expenses, program management, technical
144    assistance to grantees, and data collection and evaluation
145    activities necessary to carry out the program.

                                    Page 5 of 6                                                                  Page 6 of 6
      CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:             SB 1722
INTRODUCER:       Senator Calatayud
SUBJECT:          Application Stores
DATE:             Febuary 3, 2026                 REVISED:


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



    I.    Summary:

          SB 1722 creates the “App Store Accountability Act,” which requires application (app) store
          providers and developers to implement certain age verification and parental consent
          requirements for minors using such apps. Additionally, app stores and developers are required to
          protect user data.

          A minor who has been harmed by a violation of the provisions in the bill, or such minor’s parent,
          may bring a civil action against an app store provider or a developer. Further, a violation of the
          provisions in the bill is an unfair and deceptive trade practice actionable under part II of ch. 501,
          F.S., by the Department of Legal Affairs.

          The bill takes effect on July 1, 2027.

    II.   Present Situation:

          Application (App) Store Laws

          Some states including Texas,1 Utah,2 and Louisiana3 have passed laws to require app stores and
          developers to verify user age upon creating an account, as well as require verifiable parental
          consent for minors before they can download apps or make (in-app) purchases.4

          In December of 2025, the United States District Court in the Western District of Texas granted
          preliminary injunctions in two cases blocking enforcement of the state’s App Accountability Act

1
  See Tex. Bus. & Com. Code § 121.001 et seq.
2
  See Utah Code Title 13, Chapter 76.
3
  See Part II of Chapter 20-A of Title 51 of the Louisiana Revised Statutes (R.S. 51:1771 through 1775).
4
  See Tex. Bus. & Com. Code § 121.001 et seq., Utah Code Title 13, Chapter 76, and Part II of Chapter 20-A of Title 51 of
the Louisiana Revised Statutes (R.S. 51:1771 through 1775).
BILL: SB 1722                                                                                                           Page 2

         that was scheduled to take effect on January 1, 2026.5 The court found that the law is likely an
         unconstitutional restriction on free speech.6 The Texas attorney general has filed a notice of
         appeal to the Fifth Circuit.

         Florida’s Age Verification Law

         In 2024, the Legislature enacted laws to require age verification for online access to materials
         that are harmful to minors.7

         Florida law requires a commercial entity that knowingly and intentionally publishes or
         distributes material harmful to minors on a website or application, if the website or application
         contains a substantial portion of material harmful to minors to use either anonymous age
         verification or standard age verification to verify that the age of a person attempting to access the
         material is 18 years of age or older and prevent access to the material by a person younger than
         18 years of age.8

         “Standard age verification” means any commercially reasonable method of age verification
         approved by the commercial entity.9

         Any violation of the age verification law is deemed an unfair and deceptive trade practice, and
         the Department of Legal Affairs (department) has enforcement authority. In addition to the
         remedies under the Florida Deceptive and Unfair Trade Practices Act, the department may
         collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs
         for a violation by a third party.10 A commercial entity that violates the age verification
         requirement is liable to the minor for such access, including court costs and reasonable attorney
         fees as ordered by the court. Claimants may be awarded up to $10,000 in damages. A civil action
         for a claim under this paragraph must be brought within 1 year from the date the complainant
         knew, or reasonably should have known, of the alleged violation.11

         Florida law defines the term “anonymous age verification” as a commercially reasonable method
         used by a government agency or a business for the purpose of age verification which is
         conducted by a nongovernmental, independent third party organized under the laws of a state of
         the United States which:
         • Has its principal place of business in a state of the United States; and
         • Is not owned or controlled by a company formed in a foreign country, a government of a
             foreign country, or any other entity formed in a foreign country.12

         A third party conducting anonymous age verification:
5
  See Students Engaged in Advancing Texas cv. Paxton, 2025 WL 3731733 (W.D. Tex. 2025). See also Computer &
Communications Industry Association v. Paxton, 2025 WL 3754045 (W.D. Tex. 2025).
6
  See id. Additionally, the court found the law to be unconstitutionally vague.
7
  Ch. 2024-42, Laws of Fla.
8
  Section 501.1737, F.S.
9
  Section 501.1737, F.S., defines “commercial entity” as a corporation, a limited liability company, a partnership, a limited
partnership, a sole proprietorship, and any other legally recognized entity.
10
   Id.
11
   Id.
12
   Section 501.1738, F.S.
BILL: SB 1722                                                                                      Page 3

        •    May not retain personal identifying information used to verify age once the age of an account
             holder or a person seeking an account has been verified;
        •    May not use personal identifying information used to verify age for any other purpose;
        •    Must keep anonymous any personal identifying information used to verify age; and
        •    Must protect personal identifying information used to verify age from unauthorized or illegal
             access, destruction, use, modification, or disclosure through reasonable security procedures
             and practices appropriate to the nature of the personal information.13

        Protection of Children in Online Spaces Law

        Florida law provides that any online service, product, game, or feature likely to be predominantly
        accessed by children under 18 years of age may not, except under certain situations:
        • Process the personal information of any child if the platform has actual knowledge or
            willfully disregards that the processing may result in substantial harm or privacy risk to
            children.
        • Profile a child.
        • Collect, sell, share, or retain any personal information that is not necessary to provide an
            online service, product, or feature with which a child is actively and knowingly engaged.
        • Use a child’s personal information for any unstated reason.
        • Collect, sell, or share any precise geolocation of data of children.
        • Use dark patterns to:
            o Lead or encourage children to provide personal information beyond what personal
                information would otherwise be reasonably expected to be provided for that online
                service, product, game or feature.
            o Forego privacy protections.
            o Take any action that the online platform has actual knowledge of or willfully disregards
                that may result in substantial harm or privacy risk to children.
        • Use collected information to estimate age or age range for any other purpose or retain that
            personal information longer than necessary to estimate age.14

        In 2024, the Legislature enacted a law to prohibit children under the age of 14 from creating a
        social media account.15 A social media platform must do the following:
        • Terminate any account held by an account holder younger than 14 years of age, including
            accounts that the social media platform treats or categorizes as belonging to an account
            holder who is likely younger than 14 years of age for purposes of targeting content or
            advertising, and provide 90 days for an account holder to dispute such termination.
        • Allow an account holder younger than 14 years of age to request to terminate the account.
        • Allow the confirmed parent or guardian of an account holder younger than 14 years of age to
            request that the minor’s account be terminated. Termination must be effective within 10
            business days after such request.
        • Permanently delete all personal information held by the social media platform relating to the
            terminated account, unless there are legal requirements to maintain such information.16

13
   Id.
14
   Section 501.1735, F.S.
15
   Ch. 2024-42, Laws of Fla.
16
    Section 501.1736, F.S.
BILL: SB 1722                                                                                                          Page 4

         A social media platform must prohibit a minor who is 14 or 15 years of age from entering into a
         contract with a social media platform to become an account holder, unless the minor’s parent or
         guardian provides consent for the minor to become an account holder.17

         A social media platform must do the following:
         • Terminate any account held by an account holder who is 14 or 15 years of age, including
            accounts that the social media platform treats or categorizes as belonging to an account
            holder who is likely 14 or 15 years of age for purposes of targeting content or advertising, if
            the account holder’s parent or guardian has not provided consent for the minor to create or
            maintain the account. The social media platform must provide 90 days for an account holder
            to dispute such termination. Termination must be effective upon the expiration of the 90 days
            if the account holder fails to effectively dispute the termination.
         • Allow an account holder who is 14 or 15 years of age to request to terminate the account.
            Termination must be effective within 5 business days after such request.
         • Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to
            request that the minor’s account be terminated. Termination must be effective within 10
            business days after such request.
         • Permanently delete all personal information held by the social media platform relating to the
            terminated account, unless there are legal requirements to maintain such information.18

         Any knowing or reckless violation of s. 501.1736(2) or (3), F.S., is deemed an unfair and
         deceptive trade practice, and the department has enforcement authority.19 In addition to the
         remedies under the Florida Deceptive and Unfair Trade Practices Act, the department may
         collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs
         for a violation by a third party.20 When the social media platform’s failure to comply with the
         requirements is a consistent pattern of knowing or reckless conduct, punitive damages may be
         assessed against the social media platform.21

         A social media platform that knowingly or recklessly violates s. 501.1736(2) or (3), F.S., is liable
         to the minor account holder, including court costs and reasonable attorney fees as ordered by the
         court. Claimants may be awarded up to $10,000 in damages. A civil action for a claim must be
         brought within 1 year from the date the complainant knew, or reasonably should have known, of
         the alleged violation.22

         Litigation Status
         In October of 2024, the Computer and Communications Industry Association and NetChoice
         (Association) filed a lawsuit in the U.S. District Court for the Northern District of Florida to
         challenge Florida’s social media law that among other requirements, requires certain social
         media platforms to prohibit minors under age 14 from becoming an account holder or
17
   Id.
18
   Section 501.1736(4), F.S., provides that if a court enjoins the enforcement of this section, then this section should be
severed and s. 501.1736(4), F.S., will take effect, which prohibits a minor who is 14 or 15 years of age from entering into a
contract with a social media platform to become an account holder.
19
   Section 501.1736, F.S.
20
   Id.
21
   Id.
22
   Id.
BILL: SB 1722                                                                                          Page 5

        maintaining an account on such platforms, and in June of 2025, the district court granted the
        Association’s motion for a preliminary injunction.23 Florida appealed this decision and requested
        that the Eleventh Circuit “stay” the injunction to allow the law to take effect while the appeal
        continues.24 In November of 2025, the Eleventh Circuit granted Florida’s motion for a “stay,”
        which allows Florida to enforce the law while the appeal proceeds.25 The case is currently
        pending before the Eleventh Circuit.26

        The Digital Bill of Rights

        In 2023, the Legislature passed the “Florida Digital Bill of Rights,”27 which created a unified
        scheme to allow Florida’s consumers to control the digital flow of their personal information.28
        The “Florida Digital Bill of Rights” gives Florida consumers the right to:
        • Confirm and access their personal data;
        • Delete, correct, or obtain a copy of that personal data;
        • Opt out of the processing of personal data for the purposes of targeted advertising, the sale of
            personal data, or profiling in furtherance of a decision that produces a legal or similarly
            significant effect concerning a consumer;
        • Opt out of the collection or processing of sensitive data, including precise geolocation data;
            and
        • Opt out of the collection of personal data collected through the operation of a voice
            recognition or facial recognition feature.

        The data privacy provisions of ch. 501, part V, F.S., generally apply to “controllers,” businesses
        that collect Florida consumers’ personal data, make in excess of $1 billion in global gross annual
        revenues, and meet one of the following thresholds:
        • Derives 50 percent or more if its global gross annual revenues from the online sale of
            advertisements, including from providing targeted advertising or the sale of ads online;
        • Operates a consumer smart speaker and voice command component service with an
            integrated virtual assistant connected to a cloud computing service that uses hands-free
            verbal activation; or
        • Operates an app store or digital distribution platform that offers at least 250,000 different
            software applications for consumers to download and install.

        A controller who operates an online search engine is required to make available an up-to date
        plain language description of the main parameters that are most significant in determining
        ranking and the relative importance of those main parameters, including the prioritization or
        deprioritization of political partisanship or political ideology in search results. A controller must
        also conduct and document a data protection assessment of certain processing activities
        involving personal data. Additionally, a controller is required to provide consumers with a
        reasonably accessible and clear privacy notice, updated at least annually.


23
   CCIA & NetChoice v. Uthmeier, 2025 WL 1570007 (N.D. Fla. June 3, 2025).
24
   CCIA & NetChoice v. Uthmeier, 2025 WL 3458571 (11th Cir. 2025).
25
   Id.
26
   Id.
27
   See ch. 2023-201, Laws of Fla. See also part V of ch. 501, F.S.
28
   Id.
BILL: SB 1722                                                                                                              Page 6

         Additionally, a controller in procession of deidentified data must do the following:
         • Take reasonable measures to ensure that the data cannot be associated with an individual.
         • Maintain and use the data in deidentified form. A controller may not attempt to reidentify the
            data, except that the controller may attempt to reidentify the data solely for the purpose of
            determining whether its deidentification processes satisfy the requirements of s. 501.714, F.S.
         • Contractually obligate any recipient of the deidentified data to comply with the Florida
            Digital Bill of Rights.
         • Implement business processes to prevent the inadvertent release of deidentified data.

         Section 501.702(13), F.S., defines “deidentified data” as data that cannot reasonably be linked to
         an identified or identifiable individual or a device linked to that individual.

         The Florida Digital Bill of Rights may not be construed to require a controller or processor29 to
         do any of the following:
         • Reidentify deidentified data or pseudonymous data.
         • Maintain data in an identifiable form or obtain, retain, or access any data or technology for
             the purpose of allowing the controller or processor to associate a consumer request with
             personal data.
         • Comply with an authenticated consumer rights request under s. 501.705, F.S.,30 if the
             controller:
             o Is not reasonably capable of associating the request with the personal data or it would be
                 unreasonably burdensome for the controller to associate the request with the personal
                 data;
             o Does not use the personal data to recognize or respond to the specific consumer who is
                 the subject of the personal data or associate the personal data with other personal data
                 about the same specific consumer; and
             o Does not sell the personal data to a third party or otherwise voluntarily disclose the
                 personal data to a third party other than a processor, except as otherwise authorized.

         Further, a controller that discloses deidentified data must exercise reasonable oversight to
         monitor compliance with any contractual commitments to which the data or information is
         subject and must take appropriate steps to address any breach of contractual commitments.31

         A violation of the “Florida Digital Bill of Rights” is an unfair and deceptive trade practice
         actionable under ch. 501, part II, F.S., to be enforced by the Department of Legal Affairs (DLA).

29
   Section 501.702(24), F.S., defines “processor” as a person who processes personal data on behalf of a controller.
30
   Section 501.705, F.S., provides that a consumer is entitled to the following upon request: (1) to confirm whether a
controller is processing the consumer’s personal data and to access the personal datal (2) to correct inaccuracies in the
consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the
consumer’s personal data; (3) to delete any or all personal data provided by or obtained about the consumer; (4) to obtain a
copy of the consumer’s personal data in a portable and, to the extent technically feasible, readily usable format if the data is
available in a digital format; (5) to opt out of the processing of the personal data for purposes of targeted advertising, the sale
of personal data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a
consumer; (6) to opt out of the collection of sensitive data, including precise geolocation data, or the processing of sensitive
data; and (7) to opt out of the collection of personal data collected through the operation of a voice recognition or facial
recognition feature.
31
   Section 540.714(4), F.S.
BILL: SB 1722                                                                                                          Page 7

         The DLA may provide a right to cure a violation of ch. 501, part V, F.S., by providing written
         notice of the violation and then allowing a 45-day period to cure the alleged violation. The DLA
         is required to make a report publicly available by February 1 each year on the DLA’s website
         that describes any actions it has undertaken to enforce ch. 501, part V, F.S.

         Florida Deceptive and Unfair Trade Practices Act

         History and Purpose
         The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) became law in 1973.32 The
         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.33 The FDUTPA is based on federal law, and s. 501.204(2), F.S., provides that it is the
         intent of the Legislature that due consideration and great weight must be given to the
         interpretations of the Federal Trade Commission and the federal courts relating to section 5 of
         the Federal Trade Commission Act.34

         The State Attorney or the Department of Legal Affairs may bring actions when it is in the public
         interest on behalf of consumers or governmental entities.35 The Office of the State Attorney may
         enforce violations of the FDUTPA if the violations take place in its jurisdiction.36 The
         Department of Legal Affairs 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.37 Consumers may also file suit through private actions.38

         Remedies under the FDUTPA
         The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the
         following remedies:
         • Declaratory judgments.
         • Injunctive relief.
         • Actual damages on behalf of consumers and businesses.
         • Cease and desist orders.
         • Civil penalties of up to $10,000 per willful violation.39

         Remedies for private parties are limited to the following:
         • A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA
            violation.

32
   Ch. 73-124, Laws of Fla.; codified at part II of ch. 501, F.S.
33
   See s. 501.202, F.S. Trade or commerce means the advertising, soliciting, providing, offering, or distributing, whether by
sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article,
commodity, or thing of value, wherever situated. “Trade or commerce” shall include the conduct of any trade or commerce,
however denominated, including any nonprofit or not-for-profit person or activity. See s. 501.203(8), F.S.
34
   See s 501.204(2), F.S.
35
   See ss. 501.203(2), 501.206, and 501.207, F.S.
36
   Section 501.203(2), F.S.
37
   Id.
38
   Section 501.211, F.S.
39
   Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Section 501.2075,
F.S. Enforcing authorities may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
BILL: SB 1722                                                                                          Page 8

           •    Actual damages, attorney fees, and court costs, where a person has suffered a loss due to a
                FDUTPA violation.40

III.       Effect of Proposed Changes:

           The bill creates s. 501.1733, F.S., to be entitled the “App Store Accountability Act.”

           Definitions

           The bill creates the following definitions:
           • “Account holder” means an individual associated with a mobile device.
           • “Age category” means one of the following categories of individuals, based on age:
              o A child, which means an individual who is under 13 years of age;
              o A younger teenager, which means an individual who is at least 13 years of age and under
                   16 years of age;
              o An older teenager, which means an individual who is at least 16 years of age and under
                   18 years of age; or
              o An adult, which means an individual who is at least 18 years of age.
           • “Age category data” means information about an account holder’s age category collected by
              an app store provider and shared with a developer.
           • “Age rating” means one or more classifications that assess the suitability of an app’s content
              and functions for different age categories.
           • “App” means a software application or electronic service that a user may run or direct on a
              mobile device. The term includes preinstalled applications.
           • “App store” means any publicly available website, software application, or electronic service
              that allows an account holder to download an app from a third-party developer onto a mobile
              device.
           • “App store provider” means a person that owns, operates, or controls an app store.
           • “Content description” means a description of the specific content elements or functions that
              informed an app’s age rating.
           • “Department” means the Department of Legal Affairs (DLA).
           • “Developer” means a person that owns or controls an app made available through an app
              store or an app preinstalled onto a mobile device.
           • “Knowingly” means to act with actual knowledge or to act with knowledge fairly inferred
              based on objective circumstances.
           • “Minor” means, unless the individual is married or legally emancipated, an individual under
              18 years of age.
           • “Minor account” means an account with an app store provider, established by an individual
              who is a minor, which is affiliated with a parent account.
           • “Mobile device” means a phone or general-purpose tablet that:
              o Provides cellular or wireless connectivity;
              o Is capable of connecting to the Internet;
              o Runs a mobile operating system; and
              o Is capable of running apps through the mobile operating system.


40
     Section 501.211(1) and (2), F.S.
BILL: SB 1722                                                                                        Page 9

      •   “Mobile operating system” means software that:
          o Manages mobile device hardware resources;
          o Provides common services for mobile device programs;
          o Controls memory allocation; and
          o Provides interfaces for apps to access device functionality.
      •   “Parent” means, with respect to a minor, an individual reasonably believed to be a parent, a
          legal guardian, an individual with legal custody, or any other individual who has the legal
          authority to make decisions on behalf of the minor under applicable state law.
      •   “Parent account” means an account with an app store provider which:
          o Is verified to be established by an individual who the app store provider has determined is
              at least 18 years of age or married or emancipated through the app store provider’s age
              verification methods; and
          o May be affiliated with one or more minor accounts.
      •   “Parental consent disclosure” includes the following information:
          o If the app store provider has an age rating for the app or in-app purchase, the app’s or in-
              app purchase’s age rating;
          o If the app store provider has a content description for the app or in-app purchase, the
              app’s or in-app purchase’s content description;
          o A description of:
              • The personal data collected by the app from an account holder in compliance with, if
                   applicable, part V of ch. 501, F.S.; and
              • The personal data shared by the app and the methods implemented by the developer
                   to protect the personal data, including, if the app meets the definition of a controller
                   under s. 501.702, F.S., the methods implemented by the developer to comply with
                   part V of ch. 501, F.S.; and
          o Whether personal data is collected by the app and the methods implemented by the
              developer to protect the personal data, and, if the app meets the definition of a controller
              under s. 501.702, F.S., the methods implemented by the developer to comply with part V
              of ch. 501, F.S.
      •   “Preinstalled application” means any app, or portion thereof, which is present on a mobile
          device at the time of purchase, initial activation, or first use by the consumer, including
          browsers, search engines, and messaging, but excluding core operating system functions,
          essential device drivers, and applications necessary for basic device operation such as phone
          call, settings, and emergency service applications. The term includes apps, or portions
          thereof, installed or partially installed by the device manufacturer, wireless service provider,
          retailer, or any other party before purchase, initial activation, or first use by the consumer and
          which may be updated thereafter.
      •   “Significant change” means a material modification to an app’s terms of service or privacy
          policy which:
          o Changes the categories of data collected, stored, or shared;
          o Alters the app’s age rating or content descriptions; or
          o Introduces in-app purchases where in-app purchases were not previously present or
              introduces advertisements where advertisements were not previously present in the app.
      •   “Verifiable parental consent” means authorization that:
          o Is provided by a parent account;
BILL: SB 1722                                                                                   Page 10

          o Is given after the app store provider has clearly and conspicuously provided the parental
            consent disclosure as part of the app download, purchase, or in-app purchase process; and
          o Requires the parent to make an affirmative choice to grant consent or decline consent.

      App Store Providers

      An app store provider is required to do all of the following:
      • At the time an individual located in Florida creates an account with the app store provider, or
         for existing accounts, by July 1, 2028, request age category information from the individual
         and verify the individual’s age category using:
         o Commercially available methods reasonably designed to ensure accuracy; or
         o An age verification method or process that complies with department rule.
      • If the app store provider determines the individual is a minor, require that the account be
         affiliated with a parent account and obtain verifiable parental consent from the holder of the
         affiliated parent account each time before allowing the minor to download an app, purchase
         an app, or make an in-app purchase.
      • After receiving notice of a significant change from a developer, notify the account holder of
         the significant change and, for a minor account, notify the parent account and obtain renewed
         verifiable parental consent before providing access to the significantly changed version of the
         app.
      • Provide to a developer, in response to a request, age category data for an account holder
         located in Florida and the status of the verifiable parental consent for a minor located in
         Florida.
      • Provide a mechanism for a parent account to withdraw consent and notify a developer when
         a parent revokes verifiable parental consent.
      • Protect age category data and any associated verification data by:
         o If applicable, complying with s. 501.1735, F.S.;
         o Limiting collection and processing to data necessary for verifying an account holder’s
             age category, obtaining verifiable parental consent, or maintaining compliance records;
             and
         o Transmitting age category data using industry-standard encryption protocols that ensure
             data integrity and data confidentiality.
      • For preinstalled apps, provide available age category information in response to a request
         from a developer and take reasonable measures to facilitate verifiable parental consent for
         use of the app in response to a request from a developer.

      An app store provider may not:
      • Enforce a contract or terms of service against a minor unless the app store provider has
         obtained verifiable parental consent;
      • Knowingly misrepresent the information in the parental consent disclosure; or
      • Share age category data and any associated data except as required by the provisions in the
         bill or otherwise required by law.

      Developers

      A developer must:
BILL: SB 1722                                                                                      Page 11

      •   Verify through the app store’s data-sharing methods the age category data of account holders
          located in Florida, and for a minor’s account, whether verifiable parental consent has been
          obtained;
      •   Notify app store providers of significant changes to an app;
      •   Use age category data received through the app store’s data-sharing methods to enforce any
          developer-created, age related restrictions, safety-related features, or defaults, and to enforce
          compliance with applicable laws and regulations; and
      •   Request any age category data or verifiable parental consent at the time an account holder
          downloads an app, purchases an app, or launches a preinstalled app for the first time; when
          implementing a significant change to the app; or to comply with applicable law.

      A developer may request age category data:
      • No more than once during each 12-month period to verify the accuracy of age category data
         associated with an account holder or the continued account use within an age category;
      • When there is reasonable suspicion of an account transfer or misuse outside of the age
         category; or
      • At the time an account holder creates a new account with the developer.

      When implementing any developer-created, age-related restrictions, safety-related features, or
      defaults, a developer must use the lowest age category indicated by age category data received
      through the app store’s data-sharing methods or age data independently collected by the
      developer.

      A developer may not:
      • Enforce a contract or terms of service against a minor unless the developer has verified
         through an app store’s data sharing methods that verifiable parental consent has been
         obtained;
      • Knowingly misrepresent any information in the parental consent disclosure; or
      • Share age category data with any person.

      Enforcement

      A minor who has been harmed by a violation of the provisions in the bill, or such minor’s parent,
      may bring a civil action against an app store provider or a developer. In such action, the court
      must award a prevailing plaintiff:
      • The greater of actual damages or $1,000 for each violation;
      • Reasonable attorney fees; and
      • Litigation costs.

      A violation of the provisions in the bill is an unfair and deceptive trade practice actionable under
      part II of ch. 501, F.S., by the DLA. The DLA may bring an action against an app store provider
      or a developer to:
      • Recover a civil penalty not to exceed $7,500 for each violation;
      • Restrain or enjoin the app store provider or developer from violating the provisions in the
          bill;
      • Seek injunctive relief;
BILL: SB 1722                                                                                      Page 12

      •   Recover reasonable attorney fees; and
      •   Recover litigation costs and the costs of investigating the violation.

      For the purpose of bringing an action pursuant to the provisions in the bill, ss. 501.211 and
      501.212, F.S., do not apply.

      Jurisdiction

      For purposes of bringing an action pursuant to the provisions in the bill, any person who meets
      the definition of an app store provider or developer which operates or develops an app store or
      app likely to be accessed by minors and accessible by minors located in Florida is considered to
      be both engaged in substantial and not isolated activities within Florida and operating,
      conducting, engaging in, or carrying on a business and doing business in Florida, and is therefore
      subject to the jurisdiction of the courts of Florida.

      Rules

      The DLA is given rulemaking authority.

      Safe Harbor

      A developer is not liable for a violation of the provisions in the bill if the developer demonstrates
      that the developer:
      • Relied in good faith on applicable age category data received through an app store’s data-
          sharing methods;
      • Relied in good faith on notification from an app store provider that verifiable parental
          consent was obtained if the account holder was a minor; and
      • Complied with the requirements in the bill applicable to developers.

      In determining an app’s age rating and content description for purposes of this bill, a developer is
      not liable for a violation of the bill if the developer uses widely adopted industry standards to
      determine the app’s age category and content description and applies those standards consistently
      and in good faith.

      This “safe harbor” for developers only applies to actions brought under the provisions in this bill
      and does not limit a developer’s or app store provider’s liability under any other applicable law.
      Additionally, the provisions in the bill does not displace any other available rights or remedies
      authorized under federal or Florida law.

      Construction

      The provisions in the bill may not be construed to do any of the following:
      • Prevent an app store provider or developer from taking reasonable measures to block, detect,
         or prevent distribution to minors of unlawful material, obscene material, or other harmful
         material; block or filter spam; prevent criminal activity; or protect app store or app security.
      • Require an app store provider to disclose user information to a developer beyond age
         category data or status of parental consent.
BILL: SB 1722                                                                                      Page 13

      •    Allow an app store provider or developer to implement measures required by the bill in a
           manner that is arbitrary, capricious, anticompetitive, or unlawful.
      •    Require an app store provider or developer to obtain verifiable parental consent for an app
           that:
           o Provides direct access to emergency services, including 911, crisis hotlines, or emergency
               assistance services, legally available to minors;
           o Limits data collection to information necessary to provide emergency services in
               compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. s. 6501 et seq.;
           o Provides access without requiring account creation or collection of unnecessary personal
               information; and
           o Is operated by or in partnership with a governmental entity, a nonprofit organization, or
               an authorized emergency service provider.
      •    Require a developer to collect, retain, reidentify, or link any information beyond what is
           necessary to verify age category data as required by this bill, and what is collected, retained,
           reidentified, or linked in the developer’s ordinary course of business.
      •    Require an app store provider or developer to block access to an application that an account
           holder has downloaded or installed onto a mobile device before July 1, 2027, except to the
           extent that a parent account revokes verifiable consent for an affiliated minor account or
           there has been a significant change to the application.

      If any provision of this bill or its application to any person or circumstance is held invalid, the
      invalidity does not affect other provisions or applications of this bill which can be given effect
      without the invalid provision or application, and to this end the provisions of this bill are
      severable.

      Effective Date

      The bill takes effect on July 1, 2027.

IV.   Constitutional Issues:

      A.        Municipality/County Mandates Restrictions:

                None.

      B.        Public Records/Open Meetings Issues:

                None.

      C.        Trust Funds Restrictions:

                None.

      D.        State Tax or Fee Increases:

                None.
BILL: SB 1722                                                                                                     Page 14

        E.       Other Constitutional Issues:

                 The First Amendment to the U.S. Constitution guarantees that “Congress shall make no
                 law ... abridging the freedom of speech.”41 Generally, “government has no power to
                 restrict expression because of its message, its ideas, its subject matter, or its content.”42
                 The rights guaranteed by the First Amendment apply with equal force to state
                 governments through the due process clause of the Fourteenth Amendment.43

                 In most circumstances, these protections “are no less applicable when government seeks
                 to control the flow of information to minors”44 as states do not possess “a free-floating
                 power to restrict the ideas to which children may be exposed.”45

                 Many of the questions regarding the constitutionality of age verification laws may
                 concern whether such laws are sufficiently narrow to avoid inhibiting more speech than
                 necessary. The degree of tailoring required may vary depending on whether a given law
                 is content-based or content-neutral. In both circumstances, a law’s constitutionality
                 depends on several factors, including the:
                 • Strength of the government’s interest.
                 • Amount of protected speech that the law directly or indirectly restricts.
                 • Availability of less speech-restrictive alternatives.46

                 Content-neutral regulations on free speech are legitimate if they advance important
                 governmental interests that are not related to suppression of free speech, do so in a way
                 that is substantially related to those interests, and do not substantially burden more speech
                 than necessary to further those interests.47

                 The U.S. Supreme Court regards content-based laws, which limit communication because
                 of the message it conveys, as presumptively unconstitutional.48 Such a law may be
                 justified only if the government shows that the law is required to promote a compelling
                 state interest and that the least restrictive means have been chosen to further that
                 articulated interest.49

                 In general, the U.S. Supreme Court has held that requiring adults to prove their age to
                 access certain content is an unconstitutional, content-based limit on free speech, when




41
   U.S. CONST. amend. I.
42
   Police Dept. of City of Chicago v. Mosley, 408 U.S. 92, 95 (1972).
43
   U.S. CONST. amend. XIV; see also FLA. CONST., art. I.
44
   Erznoznik v. City of Jacksonville, 422 U.S. 205, 214 (1975).
45
   Brown v. Ent. Merchants Ass’n, 564 U.S. 786, 794 (2011).
46
   Eric N. Holmes, Congressional Research Service, Online Age Verification (Part III): Select Constitutional Issues (CRS
Report No. LSB11022, August 17, 2023), available at https://crsreports.congress.gov/product/pdf/LSB/LSB11022.
47
   Turner Broadcasting System, Inc. v. F.C.C., 520 U.S. 180,189 (U.S. 1997).
48
   Reed v. Town of Gilbert, 576 U.S. 155, 163 (2015).
49
   Sable Commc’s of California, Inc. vs. F.C.C., 492 U.S. 115, 126 (1989).
BILL: SB 1722                                                                                                       Page 15

                  there are less restrictive means to curb access to minors, such as filters and parental
                  controls.50

                  According to Justice O’Connor’s Reno dissent, because technology was insufficient for
                  ensuring that minors could be excluded while still providing adults full access to
                  protected content, the age verification provision was viewed as ultimately
                  unconstitutional; however, she contemplated the possibility that future technological
                  advances may allow for a constitutionally sound age verification law.51

                  In June of 2025, the U.S. Supreme Court upheld a Texas law that requires commercial
                  pornography websites to verify the age of their users.52 The court applied intermediate
                  scrutiny and upheld the law as constitutional because it merely imposes an incidental
                  burden on adults’ protected speech while serving the state’s important interest in
                  shielding children from harmful content.53

                  Experts assert that age verification systems have progressed considerably from a
                  generation ago when the U.S. Supreme Court held that age verification methods often
                  failed and were too burdensome for law-abiding adults.54 Currently, there are numerous
                  minimally invasive verification techniques that do not require sharing any age
                  verification information at all with social media platforms.55

                  Additionally, in determining whether laws requiring age verification to access social
                  media platforms unconstitutionally restrict free speech, courts have found that even if
                  “the state has the power to enforce parental prohibitions it does not follow that the state
                  has the power to prevent children from hearing or saying anything without their parents’
                  prior consent.”56 Moreover:

                           [A]ge-verification requirements are more restrictive than policies enabling
                           or encouraging users (or their parents) to control their own access to
                           information, whether through user-installed devices and filters or
                           affirmative requests to third-party companies. “Filters impose selective
                           restrictions on speech at the receiving end, not universal restrictions at the
                           source.” And “[u]nder a filtering regime, adults ... may gain access to speech
50
   Reno v. Am. C. L. Union, 521 U.S. 844, 874 (1997); Ashcroft v. American Civil Liberties Union, 542 U.S. 656, 666 (2004);
Ronald Kahn, Reno v. American Civil Liberties Union (1997), Free Speech Center at Middle Tennessee State University,
Dec. 15, 2023, https://firstamendment.mtsu.edu/article/reno-v-american-civil-liberties-union/.
51
   Reno, 521 U.S. at 886-91 (O’Connor concurring in part and dissenting in part). The court also considered overbreadth and
vagueness arguments, and determined that the Communications Decency Act of 1996 was too broad and vague. Id. at 883-84.
52
   Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025).
53
   Id. See also Computer & Communications Industry Association v. Uthmeier, 95 F.4th 1022 (11th Cir. 2025), where the
U.S. Court of Appeals for the Eleventh Circuit stayed the district court’s preliminary injunction, and thus Florida’s law that
prohibits minors under 14 from having social media accounts and requires parental consent for 14- and 15-year-olds can be
enforced while the appeal proceeds.
54
   Broadband Breakfast, Improved Age Verification Allows States to Consider Restricting Social Media, Nov. 20, 2023,
https://broadbandbreakfast.com/2023/11/improved-age-verification-allows-states-to-consider-restricting-social-media/; Reno,
521 U.S. at 886 (1997); Ashcroft, 542 U.S. at 666.
55
   The Federalist Society, Age Verification for Social Media: A Constitutional and Reasonable Regulation, Aug. 7, 2023,
https://fedsoc.org/commentary/fedsoc-blog/age-verification-for-social-media-a-constitutional-and-reasonable-regulation.
56
   NetChoice, LLC v. Yost, 2024 WL 104336, *8 (S.D. Ohio Jan. 9, 2024) (internal citations and quotations omitted).
 BILL: SB 1722                                                                                                                             Page 16

                                they have a right to see without having to identify themselves[.]” Similarly,
                                the State could always “act to encourage the use of filters ... by parents” to
                                protect minors.57

  V.        Fiscal Impact Statement:

            A.        Tax/Fee Issues:

                      None.

            B.        Private Sector Impact:

                      App store providers and developers will be required to adhere to the provisions in the bill.

            C.        Government Sector Impact:

                      The DLA will be required to establish rules to implement and enforce the provisions in
                      the bill.

 VI.        Technical Deficiencies:

            None.

VII.        Related Issues:

            If in enforcing the bill’s provisions, the Department of Legal Affairs might come into possession
            of information that should be exempt from a public records request, a separate bill creating the
            exemption would be needed.

VIII.       Statutes Affected:

            This bill creates section 501.1733 of the Florida Statutes.

 IX.        Additional Information:

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

                      None.

            B.        Amendments:

                      None.

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




 57
      NetChoice, LLC v. Griffin, 2023 WL 5660155, *21 (W.D. Ark. Aug. 31, 2023) (internal citations omitted).
      Florida Senate - 2026                                        SB 1722         Florida Senate - 2026                                        SB 1722



      By Senator Calatayud




      38-01471-26                                               20261722__         38-01471-26                                               20261722__
1                             A bill to be entitled                          30         specified damages, fees, and costs; providing that a
2          An act relating to application stores; providing a                31         violation of this act is an unfair and deceptive trade
3          short title; creating s. 501.1733, F.S.; defining                 32         practice; authorizing the Department of Legal Affairs
4          terms; requiring an app store provider to take certain            33         to bring an action against app store providers and
5          steps to verify the ages of individuals who create or             34         developers; providing jurisdiction; requiring the
6          who have existing accounts with the app store                     35         department to adopt specified rules; providing
7          provider; providing parental consent requirements for             36         applicability; providing construction; providing for
8          accounts created or held by minors; providing                     37         severability; providing an effective date.
9          notification and consent requirements for apps that               38
10         have been significantly changed; requiring the app                39    Be It Enacted by the Legislature of the State of Florida:
11         store provider to provide age category data and                   40
12         parental consent information to developers upon                   41         Section 1.   This act may be cited as the “App Store
13         request; requiring app store providers to take certain            42    Accountability Act.”
14         steps to protect specified personal information;                  43         Section 2.   Section 501.1733, Florida Statutes, is created
15         prohibiting app store providers from enforcing                    44    to read:
16         contracts or terms of service against a minor under               45         501.1733 Application stores.—
17         certain circumstances, knowingly misrepresenting                  46         (1) DEFINITIONS.—As used in this section, the term:
18         certain information, or sharing age category data;                47         (a) “Account holder” means an individual associated with a
19         requiring developers to take certain steps to verify              48    mobile device.
20         age information and to comply with certain measures;              49         (b) “Age category” means one of the following categories of
21         providing limits on and requirements for developers               50    individuals, based on age:
22         requesting age data; prohibiting developers from                  51         1. A child, which means an individual who is under 13 years
23         enforcing contracts or terms of service against a                 52    of age;
24         minor under certain circumstances, knowingly                      53         2. A younger teenager, which means an individual who is at
25         misrepresenting certain information, or sharing age               54    least 13 years of age and under 16 years of age;
26         category data; authorizing minors, or the parents of              55         3. An older teenager, which means an individual who is at
27         minors, to bring civil actions against app store                  56    least 16 years of age and under 18 years of age; or
28         providers or developers for violations of the act;                57         4. An adult, which means an individual who is at least 18
29         authorizing courts to award prevailing plaintiffs with            58    years of age.

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      Florida Senate - 2026                                        SB 1722          Florida Senate - 2026                                      SB 1722




      38-01471-26                                             20261722__            38-01471-26                                             20261722__
59         (c) “Age category data” means information about an account        88          (n) “Mobile device” means a phone or general-purpose tablet
60    holder’s age category collected by an app store provider and           89     that:
61    shared with a developer.                                               90          1. Provides cellular or wireless connectivity;
62         (d) “Age rating” means one or more classifications that           91          2. Is capable of connecting to the Internet;
63    assess the suitability of an app’s content and functions for           92          3. Runs a mobile operating system; and
64    different age categories.                                              93          4. Is capable of running apps through the mobile operating
65         (e) “App” means a software application or electronic              94     system.
66    service that a user may run or direct on a mobile device. The          95          (o) “Mobile operating system” means software that:
67    term includes preinstalled applications.                               96          1. Manages mobile device hardware resources;
68         (f) “App store” means any publicly available website,             97          2. Provides common services for mobile device programs;
69    software application, or electronic service that allows an             98          3. Controls memory allocation; and
70    account holder to download an app from a third-party developer         99          4. Provides interfaces for apps to access device
71    onto a mobile device.                                                  100    functionality.
72         (g) “App store provider” means a person that owns,                101         (p) “Parent” means, with respect to a minor, an individual
73    operates, or controls an app store.                                    102    reasonably believed to be a parent, a legal guardian, an
74         (h) “Content description” means a description of the              103    individual with legal custody, or any other individual who has
75    specific content elements or functions that informed an app’s          104    the legal authority to make decisions on behalf of the minor
76    age rating.                                                            105    under applicable state law.
77         (i) “Department” means the Department of Legal Affairs.           106         (q) “Parent account” means an account with an app store
78         (j) “Developer” means a person that owns or controls an app       107    provider which:
79    made available through an app store or an app preinstalled onto        108         1. Is verified to be established by an individual who the
80    a mobile device.                                                       109    app store provider has determined is at least 18 years of age or
81         (k) “Knowingly” mean to act with actual knowledge or to act       110    married or emancipated through the app store provider’s age
82    with knowledge fairly inferred based on objective circumstances.       111    verification methods; and
83         (l) “Minor” means, unless the individual is married or            112         2. May be affiliated with one or more minor accounts.
84    legally emancipated, an individual under 18 years of age.              113         (r) “Parental consent disclosure” includes the following
85         (m) “Minor account” means an account with an app store            114    information:
86    provider, established by an individual who is a minor, which is        115         1. If the app store provider has an age rating for the app
87    affiliated with a parent account.                                      116    or in-app purchase, the app’s or in-app purchase’s age rating;

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       Florida Senate - 2026                                        SB 1722          Florida Senate - 2026                                       SB 1722




       38-01471-26                                             20261722__            38-01471-26                                               20261722__
117         2. If the app store provider has a content description for        146         (t) “Significant change” means a material modification to
118    the app or in-app purchase, the app’s or in-app purchase’s             147    an app’s terms of service or privacy policy which:
119    content description;                                                   148         1. Changes the categories of data collected, stored, or
120         3. A description of:                                              149    shared;
121         a. The personal data collected by the app from an account         150         2. Alters the app’s age rating or content descriptions; or
122    holder in compliance with, if applicable, part V of this               151         3. Introduces in-app purchases where in-app purchases were
123    chapter; and                                                           152    not previously present or introduces advertisements where
124         b. The personal data shared by the app and the methods            153    advertisements were not previously present in the app.
125    implemented by the developer to protect the personal data,             154         (u) “Verifiable parental consent” means authorization that:
126    including, if the app meets the definition of a controller under       155         1. Is provided by a parent account;
127    s. 501.702, the methods implemented by the developer to comply         156         2. Is given after the app store provider has clearly and
128    with part V of this chapter; and                                       157    conspicuously provided the parental consent disclosure as part
129         4. Whether personal data is collected by the app and the          158    of the app download, purchase, or in-app purchase process; and
130    methods implemented by the developer to protect the personal           159         3. Requires the parent to make an affirmative choice to
131    data, and, if the app meets the definition of a controller under       160    grant consent or decline consent.
132    s. 501.702, the methods implemented by the developer to comply         161         (2) APP STORE PROVIDERS.—
133    with part V of this chapter.                                           162         (a) An app store provider shall do all of the following:
134         (s) “Preinstalled application” means any app, or portion          163         1. At the time an individual located in this state creates
135    thereof, which is present on a mobile device at the time of            164    an account with the app store provider, or for existing
136    purchase, initial activation, or first use by the consumer,            165    accounts, by July 1, 2028, request age category information from
137    including browsers, search engines, and messaging, but excluding       166    the individual and verify the individual’s age category using:
138    core operating system functions, essential device drivers, and         167         a. Commercially available methods reasonably designed to
139    applications necessary for basic device operation such as phone        168    ensure accuracy; or
140    call, settings, and emergency service applications. The term           169         b. An age verification method or process that complies with
141    includes apps, or portions thereof, installed or partially             170    department rule.
142    installed by the device manufacturer, wireless service provider,       171         2. If the app store provider determines the individual is a
143    retailer, or any other party before purchase, initial                  172    minor, require that the account be affiliated with a parent
144    activation, or first use by the consumer and which may be              173    account and obtain verifiable parental consent from the holder
145    updated thereafter.                                                    174    of the affiliated parent account each time before allowing the

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       Florida Senate - 2026                                       SB 1722           Florida Senate - 2026                                        SB 1722




       38-01471-26                                              20261722__           38-01471-26                                               20261722__
175    minor to download an app, purchase an app, or make an in-app           204    unless the app store provider has obtained verifiable parental
176    purchase.                                                              205    consent;
177         3. After receiving notice of a significant change from a          206           2. Knowingly misrepresent the information in the parental
178    developer, notify the account holder of the significant change         207    consent disclosure; or
179    and, for a minor account, notify the parent account and obtain         208           3. Share age category data and any associated data except
180    renewed verifiable parental consent before providing access to         209    as required by this section or otherwise required by law.
181    the significantly changed version of the app.                          210           (3) DEVELOPERS.—
182         4. Provide to a developer, in response to a request               211           (a) A developer shall:
183    authorized under subsection (3), age category data for an              212           1. Verify through the app store’s data-sharing methods the
184    account holder located in this state and the status of                 213    age category data of account holders located in this state, and
185    verifiable parental consent for a minor located in this state.         214    for a minor’s account, whether verifiable parental consent has
186         5. Provide a mechanism for a parent account to withdraw           215    been obtained;
187    consent and notify a developer when a parent revokes verifiable        216           2. Notify app store providers of significant changes to an
188    parental consent.                                                      217    app;
189         6. Protect age category data and any associated                   218           3. Use age category data received through the app store’s
190    verification data by:                                                  219    data-sharing methods to enforce any developer-created, age-
191         a. If applicable, complying with s. 501.1735;                     220    related restrictions, safety-related features, or defaults, and
192         b. Limiting collection and processing to data necessary for       221    to enforce compliance with applicable laws and regulations; and
193    verifying an account holder’s age category, obtaining verifiable       222           4. Request any age category data or verifiable parental
194    parental consent, or maintaining compliance records; and               223    consent at the time an account holder downloads an app,
195         c. Transmitting age category data using industry-standard         224    purchases an app, or launches a preinstalled app for the first
196    encryption protocols that ensure data integrity and data               225    time; when implementing a significant change to the app; or to
197    confidentiality.                                                       226    comply with applicable law.
198         7. For preinstalled apps, provide available age category          227           (b) A developer may request age category data:
199    information in response to a request from a developer and take         228           1. No more than once during each 12-month period to verify
200    reasonable measures to facilitate verifiable parental consent          229    the accuracy of age category data associated with an account
201    for use of the app in response to a request from a developer.          230    holder or the continued account use within an age category
202         (b) An app store provider may not:                                231    listed in paragraph (1)(b);
203         1. Enforce a contract or terms of service against a minor         232           2. When there is reasonable suspicion of an account

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       Florida Senate - 2026                                       SB 1722           Florida Senate - 2026                                       SB 1722




       38-01471-26                                             20261722__            38-01471-26                                             20261722__
233    transfer or misuse outside of the age category; or                     262    department. The department may bring an action against an app
234         3. At the time an account holder creates a new account with       263    store provider or a developer to:
235    the developer.                                                         264         1. Recover a civil penalty not to exceed $7,500 for each
236         (c) When implementing any developer-created, age-related          265    violation;
237    restrictions, safety-related features, or defaults, a developer        266         2. Restrain or enjoin the app store provider or developer
238    must use the lowest age category listed in paragraph (1)(b)            267    from violating this section;
239    indicated by age category data received through the app store’s        268         3. Seek injunctive relief;
240    data-sharing methods or age data independently collected by the        269         4. Recover reasonable attorney fees; and
241    developer.                                                             270         5. Recover litigation costs and the costs of investigating
242         (d) A developer may not:                                          271    the violation.
243         1. Enforce a contract or terms of service against a minor         272         (c) For the purpose of bringing an action pursuant to this
244    unless the developer has verified through an app store’s data-         273    section, ss. 501.211 and 501.212 do not apply.
245    sharing methods that verifiable parental consent has been              274         (5) JURISDICTION.—For purposes of bringing an action
246    obtained;                                                              275    pursuant to this section, any person who meets the definition of
247         2. Knowingly misrepresent any information in the parental         276    an app store provider or developer which operates or develops an
248    consent disclosure; or                                                 277    app store or app likely to be accessed by minors and accessible
249         3. Share age category data with any person.                       278    by minors located in this state is considered to be both engaged
250         (4) ENFORCEMENT.—                                                 279    in substantial and not isolated activities within this state and
251         (a) A minor who has been harmed by a violation of this            280    operating, conducting, engaging in, or carrying on a business
252    section, or such minor’s parent, may bring a civil action              281    and doing business in this state, and is therefore subject to
253    against an app store provider or a developer. In such action,          282    the jurisdiction of the courts of this state.
254    the court shall award a prevailing plaintiff:                          283         (6) RULES.—The department shall adopt rules to establish
255         1. The greater of actual damages or $1,000 for each               284    definite processes and means by which an app store provider may
256    violation;                                                             285    verify an account holder’s age category in accordance with this
257         2. Punitive damages if the violation was egregious;               286    section.
258         3. Reasonable attorney fees; and                                  287         (7) SAFE HARBOR; APPLICABILITY.—
259         4. Litigation costs.                                              288         (a) A developer is not liable for a violation of this
260         (b) A violation of this section is an unfair and deceptive        289    section if the developer demonstrates that the developer:
261    trade practice actionable under part II of this chapter by the         290         1. Relied in good faith on applicable age category data

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       Florida Senate - 2026                                        SB 1722          Florida Senate - 2026                                        SB 1722




       38-01471-26                                             20261722__            38-01471-26                                              20261722__
291    received through an app store’s data-sharing methods;                  320         (d) Require an app store provider or developer to obtain
292         2. Relied in good faith on notification from an app store         321    verifiable parental consent for an app that:
293    provider that verifiable parental consent was obtained if the          322         1. Provides direct access to emergency services, including
294    account holder was a minor; and                                        323    911, crisis hotlines, or emergency assistance services, legally
295         3. Complied with the requirements of subsection (3).              324    available to minors;
296         (b) In determining an app’s age rating and content                325         2. Limits data collection to information necessary to
297    description for purposes of this section, a developer is not           326    provide emergency services in compliance with the Children’s
298    liable for a violation of this section if the developer uses           327    Online Privacy Protection Act, 15 U.S.C. s. 6501 et seq.;
299    widely adopted industry standards to determine the app’s age           328         3. Provides access without requiring account creation or
300    category and content description and applies those standards           329    collection of unnecessary personal information; and
301    consistently and in good faith.                                        330         4. Is operated by or in partnership with a governmental
302         (c) This subsection applies only to actions brought under         331    entity, a nonprofit organization, or an authorized emergency
303    this section and does not limit a developer’s or app store             332    service provider.
304    provider’s liability under any other applicable law.                   333         (e) Require a developer to collect, retain, reidentify, or
305         (d) This section does not displace any other available            334    link any information beyond what is necessary to verify age
306    rights or remedies authorized under federal or Florida law.            335    category data as required by this section, and what is
307         (8) CONSTRUCTION.—This act may not be construed to do any         336    collected, retained, reidentified, or linked in the developer’s
308    of the following:                                                      337    ordinary course of business.
309         (a) Prevent an app store provider or developer from taking        338         (f) Require an app store provider or developer to block
310    reasonable measures to block, detect, or prevent distribution to       339    access to an application that an account holder has downloaded
311    minors of unlawful material, obscene material, or other harmful        340    or installed onto a mobile device before July 1, 2027, except to
312    material; block or filter spam; prevent criminal activity; or          341    the extent that a parent account revokes verifiable consent for
313    protect app store or app security.                                     342    an affiliated minor account or there has been a significant
314         (b) Require an app store provider to disclose user                343    change to the application.
315    information to a developer beyond age category data or status of       344         Section 3.   If any provision of this act or its application
316    parental consent.                                                      345    to any person or circumstance is held invalid, the invalidity
317         (c) Allow an app store provider or developer to implement         346    does not affect other provisions or applications of this act
318    measures required by this section in a manner that is arbitrary,       347    which can be given effect without the invalid provision or
319    capricious, anticompetitive, or unlawful.                              348    application, and to this end the provisions of this act are

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       Florida Senate - 2026                                        SB 1722




       38-01471-26                                             20261722__
349    severable.
350         Section 4.   This act shall take effect July 1, 2027.




                                  Page 13 of 13
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                                          The Florida Senate

                           Committee Agenda Request




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

Subject:       Committee Agenda Request

Date:          January 20, 2026



I respectfully request that Senate Bill #1722, relating to Application Stores, be placed on the:

        []     committee agenda at your earliest possible convenience.

        []     next committee agenda.




                                                 /i}, Gt
                                              Senator Alexis Calatayud
                                              Florida Senate, District 38




File signed original with committee office                                              S-020 (03/2004)
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                                                                 APPEARANCE RECORD                                                           6722         Bill Number or Topic
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                                                                  PLEASE CHECK ONE OF THE FOLLOWING:
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Address      2012 Misty Sunrise Tri                                                                                 .
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             Sarasota                                     FL                              34240
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                                                                             1,_4.'~ £,#ore
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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
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                                                                 APPEARANCE RECORD                                                                1722
          T          keeting ate
                                                                             Deliver both copies of this form to
                                                                                                                                                          Bill Number or Topic

 onere al To, ,A                                                      Senate professional staff conducting the meeting

                      Committee                                                                                                                   Amendment Barcode (if applicable)


Name                                                                                                               .78Y5/7208
a..         P0 By$o2l
            3ireet


           /A,ml
              City
                    EL                                   State                           Zip



                 Speaking:      D For D Against D Information                                  OR        Waive Speaking:            ti« D                        Against


                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

 □     I am appearing without
       compensation or sponsorship.
                                                                    • ~ am a registered lobbyist,
                                                                       representing:
                                                                                                             .
                                                                                                                                          □     I am not a lobbyist, but received
                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
                                                   CSH Erl, Celt,>.f%•d-                                                                        sponsored by:



While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. $11.045 andJoint Rule 1. 2920-2022JointRules.pdf (f]senate_gov

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

                     Meeting/   ate
                                                                 APPEARANCE RECORD                                                                      72Z
                                                                                                                                                          Bill Number or Topic
                                                                             Deliver both copies of this form to
              8me(cA                                                  Senate professional staff conducting the meeting

                      Committee                                                                                                                   Amendment Barcode (if applicable)


Name                 @.6s
Address                                                                                                         Email
            Street



            City
                     9/f.al-                             State                           ZIp



               Speaking,'~For                D Against D Information                           OR         Waive Speaking:           [] In support          [] Against


                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

 □     I am appearing without
       compensation or sponsorship.
                                                                     7{1am a registered lobbyist,
                                                                    P representing:                                                       □     I am not a lobbyist, but received
                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),

                                                                                        /eta                                                    sponsored by:




While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat.§ 11.045 andJoint Rule 1. 2020-2022JointRules.odf (f/senate.qov)

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

                     Meeting Date
                                                                  APPEARANCE RECORD
                                                                                                                                                          Bill Number or Topic
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       eo mmere 4le   Committee
                                                                      Senate professional staff conducting the meeting

                                                                                                                                                  Amendment Barcode (if applicable)


Name /hale, eek                                                                                                 none     a}-46>
so. llo/ [#\ _y
            Street



                                                                                         Zip



               seas [lo                       []Ao»st            pg«nae                        OR         Waive Speaking:           [] In support          [] Against


                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

 □     I am appearing without
       compensation or sponsorship.
                                                                      □     I am a registered lobbyist,
                                                                            representing:
                                                                                                                                          ~am not a lobbyist, but received
                                                                                                                                           something of value for my appearance
                                                                                                                                           (travel, meals, lodging, et   _,j_
                                                                                                                                                sponsored by:      h4 racer
                                                                                                                                                        osr
While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard Ifyou have questions about registering to lobby please see Fla. Stat § 11.045 andJoint Rule 1. 2020-2022JointRulerndf (flsenate aov)

This form is part of the public record for this meeting.                                                                                                                  S-001    (08/10/2021)
                                                                                 The Florida Senate
                                                                 APPEARANCE RECORD
        '        f Meeting Date                                              Deliver both copies of this form to
                                                                                                                                                          Bill Number or Topic

            Mrco cl[.In.                                              Senate professional staff conducting the meeting

                      Committee                                                                                                                   Amendment Barcode (if applicable)


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                                                       P Sate                           Zip



               speaking:        [] ro        []Agaist            []information                OR         waive speaking:            [support               [] Against


                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

 □     I am appearing without
       compensation or sponsorship.             -
                                                                      [dr'am a reg!stered lobbyist,
                                                                         representing:
                                                                                                                                          □     I am not a lobbyist, but received
                                                                                                                                                something of value for my appearance

                                             CE« fly C.alt
                                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                                sponsored by:




While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat.§ 71.045 andJoint Rule 7. 2020-2022JointRules.odf (f/senate.aov)

This form is part of the public record for this meeting.                                                                                                                  5-001    (08/10/2021)
                                                                                 The Florida Senate
 7                                                                APPEARANCE RECORD                                                                       172z
                     Meeting Date                                                                                                                         Bill Number or Topic
                                                                             Deliver both copies of this form to

 _o    mere ad[cir                                                    Senate professional staff conducting the meeting

                      Committee                                                                                                                   Amendment Barcode (if applicable)


Name                                                                                                            Phone                                                                            _


            Dea4
            5£
address_Ito_fU.Email
            Street



            City                                         State                           Zip



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

                                                                  PLEASE CHECK ONE OF THE FOLLOWING:

 □     I am appearing without
       compensation or sponsorship.
                                                                      [g+.eoceea
                                                                        representing:
                                                                                               on.                                        □     I am not a lobbyist, but received
                                                                                                                                                something of value for my appearance
                                                                                                                                                (travel, meals, lodging, etc.),
                                                                      Joe padis Love                                                            sponsored by:




While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat.§ 11.045 andJoint Rule 1. 2020-2022JointRules.odf(f/senate.aov)

This form is part of the public record for this meeting.                                                                                                                  S-001    (08/10/2021)
                                     STATE OF FLORIDA
                                   DEPARTMENT OF STATE
                                             Division of Elections

                                    I, Cord Byrd, Secretary of State,
                                          do hereby certify that
                                                                                                                                                               ~

                                      Charles T. Faircloth, Jr.                                                                                           .~
                                                                                                                                                    a
                                                                                                                                                    5
                                                                                                                                                    n
                                      is duly appointed a member of the                                                                                  3
                                                                                                                                                                   <«




                          Reemployment Assistance Appeals
                                   Commission
         for a term beginning on the Twenty-Fourth day of October,
         A.D., 2025, until the Thirtieth day of June, A.D., 2029 and is
                                                                                                                                                    ,,   '«?




         subject to be confirmed by the Senate during the next regular                                                                              E.j%.$
                                                                                                                                                    ±ti9$
         session of the Legislature.                                                                                                                ±t;
                                                                                                                                                    "$g?
                                                                                                                                                     1 {
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                                                                                                                                                    5.l g 44e$

                                                                                                                                                               ~
                                                                        Given under my hand and the Great Seal ofthe
                                                                                                                                                                   ·~
                                                                        State ofFlorida, at Tallahassee, the Capital, this
                                                                        the Sixth day ofNovember, A D, 2025




                                                                        Secretary of State

                                                                                                                                                                   »
                                                                                                                                                               3


DE99 Gr3)                                                                                                                                                  i;
  N!tf!XdJ.ffltJJr•.~rm,'1'.i\~~m·r1Jtti\lfJ:.mJ:fJ.l!tiU! 'flm ~JJJ!,t"if2.ltW
                                                        Y!.<1.1
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                                                                                                                                                           ±
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              '4'                                                           +,«get$gee.
                                                                         .    RECEIVE0
                                  RON DESANTIS                          UE PART+Ejl'ei st;
                                      GOVERNOR
                                                                         025 0CT 28 AMI: 40
                                                                        iySI9#
                                                                            1
                                                                               OF EL CC1IONS
                                                                           '! AHASSrri     "

                                         October 24, 2025




Secretary Cord Byrd
Department of State
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250

Dear Secretary Byrd:

        Please be advised I have made the following reappointment under the provisions
of Section 443.012, Florida Statutes:

                                         Mr. Charles Faircloth Jr.
                                         2213 Killarney Way
                                         Tallahassee, Florida 32309

as a member of the Reemployment Assistance Appeals Commission, subject to
confirmation by the Senate. This appointment is effective October 24, 2025, for a term
ending June 30, 2029.




                                         Governor

RD/k




                                      THE CAPITOL
                           Tuuuss, Foux 32399• (850) 717.9249
            HAND DELIVERED


                                                                                                                                .         Re
                                                               OATH OF OFFICE
                                                                                                                               UEPAR Ii            e sill
                                                         (Art. II. S Sb), Fla. Const.; $ 92.50, Florida Statutes)              ZZ5 NOY -5 AMII: }
        STATE OF FLORIDA                                                                                                       DIVISICN OF EL CTI1
                                                                                                                                  "Lt SSE.Fi
        County of

        I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
        Government of the United States and of the State of Florida; that I am duly qualified to hold office
        under the Constitution of the State, and that I will well and faithfully perform the duties of
                  Chairman, Reemployment Assistance Appeals Commission
                                                              (Full Name of Ofice -- Abbreviations Not Accepted)

        on which I am now about to enter, so help me God.

                                                                              it the words "so help me God." See $ 92.52, Fla. Stat.]

        'bl@mull dt         l                                                                                                  o »




        Sworn to and subscribed be ore me b mean
        this
                                                                                  zeal presence    Jl1'   OR     one notorsanon []



                                                                                                          otary Public

                                                   judges administering         (To be completed by officer administering oath, other than
I· J ""'"' se, §
]    (T o   b e   co m p le te d     o n ly   hy




                        9 2 . 5 0,    Flarl,laSralttt,s.)
                                                                                 es" '#%3%2Ms
                                                                                                          .
                                                                                                          i MY COMM4$$ION
     Print Name                                                                                           ' EXPIRES6-28-2026
                                                                                                          8}
                                                                                                          8}?or.
     Tile                                                                                                     ~·····. ••
                                                                               Personally Known               OR"j -»re
                                                                                                                 Fioticed Identification
                                                                                                                                         []

     Court                                                                      Type ofIdentification Produced


                                                                   ACCEPTANCE
       I accept the office listed in the above Oath of Office.
             Mailing Address:                         Home []             omice i@]
             1211 Governor's Square Blvd., Suite 300                                  Charles T. Faircloth, Jr.
             Street or Post Office Box                                                Print    a
             Tallahassee, Florida 32301
             City, State, Zip Code                                                    s
                                                                                                                                    DS-DE 56 (Rev. 07/25)
               STATE OF FLORIDA
             DEPARTMENT OF STATE
                Division of Elections

             I, Cord Byrd, Secretary of State,
                   do hereby certify that
                          -   r-   t




                      David Woods
              is duly appointed a member of the
             Board of Supervisors,
   Central Florida Tourism OversightDistrict
for a term beginning on the Twelfth day of January, A.D., 2026,
until the twenty-Sixth day of February, A.D., 2029 and is
subject to be confinned by the Senate during the next regular
session of the Legislature.




                                       Given under my hand and the Great Seal ofthe
                                       State ofFlorida, at Tallahassee, the Capital, this
                                       the Sixteenth day ofJanuary, A.D., 2026.




                                       Secretary of State
                                  RON DESANTIS
                                         GOVERNOR


                                                                      +·
                                                                       l




                                            January 12, 2026




Secretary Cord Byrd
Department of State
R.A. Gray Building, Room 316
500 South Bronaugh Street
Tallahassee, Florida 32399-0250

Dear Secretary Byrd:

      Please be advised I have made the following appointment under the provisions
of Chapter 2023-5, Laws of Florida:

                                            Mr. David Woods
                                            526 Jennie Jewel Drive
                                            Orlando, Florida 32806

as a member of the Central Florida Tourism Oversight District, succeeding Bridget
Ziegler, subject to confirmation by the Senate. This appointment is effective January 12,
2026, for a term ending February 26, 2029.

                                           Sincerely,



                                   6E°     Governor

RD/ch




                                           THE CAPITOL
                           Tu+Asset, F .or04 32399 • (850) 717.9249
                                    OATH OF OFFICE                                             " 7Pcs
                              (Art. II. S Sb), Fla. Const.; $ 92.50, Florida Statutes)t. .,-,
                                                                                  •               t,t o     %
                                                                                                                ;'>
   STATE OF FLORIDA                                                               •   '
   county ot    9PGf
  I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
  Government of the United States and of the State of Florida; that r am duly qualified to hold office
  under the Constitution of the State, and that I will well and faithfully perform the duties of
         Board Member of the Central Florida Tourism Oversight District
                                   (Full Name of Office - Abbreviations Not Accepted)

  on which I am now about to enter, so help me God.



       ma&de




  -sf,
                        t~ "?s
                                               Ad~istering Oath or ol'Notary Public

(To be completed only byjudges administering         (To be completed by officer administering oath, other than
oath- see $ 92.50, Florida Statutes.)               judges- see $ 92.50, Florida Statutes.)
                                                                         Affix Seal Below

                                                                        Notary Publlc State ot Florida
                                                                          Wanda L Penland
                                                                          My Commission
Print Name                                                                 HH 262068
                                                                          Exp. 7/30/2026

Tile
                                                    Personally Kown           OR Produced tatenancana~ L]
Court                                                Type ofIdentification Produced



                                        ACCEPTANCE
  I accept the office listed in the above Oath of Office.
       Moire Address.      none    [f          omce []

       52 Zaic el De
       Street or Post Office Box


       city, Sate. zi Ce
                                                                                                     DS-DE 56 (Rev. 07/25)
                                                                                             s
             ifs%its                                  hf
              A black and white co   of this documn
                                         •       4±




              STATE OF FLORIDA
            DEPARTMENT OF STATE
                    Division of Elections

             I, Cord Byrd, Secretary of State,
                   do hereby certify that

          Thomas Matthew Ravenscroft
              is duly appointed a member of the
             Board of Supervisors,
   Central Florida Tourism Oversight District
for a term beginning on the Twelfth day of January, A.D., 2026,
until the Twenty-Sixth day of February, A.D., 2027 and is
subject to be confirmed by the Senate during the next regular
session of the Legislature.




                                        Given under my hand and the Great Seal ofthe
                                        State ofFlorida, at Tallahassee, the Capital, this
                                        the Sixteenth day ofJanuary, A.D., 2026




                                        Secretary of State
                                  RON DESANTIS
                                         GOVERNOR




                                            January 12, 2026




Secretary Cord Byrd
Department of State
R.A. Gray Building, Room316
500 South Bronough Street
Tallahassee, Florida 32399-0250

Dear Secretary Byrd:

      Please be advised I have made the following appointment under the provisions
of Chapter 2023-5, Laws of Florida:

                                            Mr. Matt Ravenscroft
                                            1600 Alden Road
                                            Apartment 622
                                            Orlando, Florida 32803

as a member of the Central Florida Tourism Oversight District, filling a vacant seat
previously occupied by Brian Aungst, subject to confirmation by the Senate. This
appointment is effective January 12, 2026, for a term ending February 26, 2027.

                                            Sincerely,



                                   er5     Governor

RD/ch




                                         THE CAPITOL
                           Tua   ass+, Fox 32399   •   (850)   717.9249
                                                                                                          r ,
                                                                                                          )
                                                                                                                    . »..£.
                                                                                             :   4.iii               '   fr .-
                                                                                                                -         ! c +,

                                          OATH OF OFFICE                                         gr                  mp.+
                                    (Art. II. 5(b), Fla. Const.; $ 92.50, Florida Statutes)
                                                                                                  •   '
    STATE OF FLORIDA
    County of _Fa9

   I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
   Government of the United States and of the State of Florida; that I am duly qualified to hold office
   under the Constitution of the State, and that I will well and faithfully perform the duties of

          Central Florida Tourism Oversight District Board of Supervisors
                                        (FuJJ Name of Office - Abbreviations Not Accepted)

   on which l am now about to enter, so help me God.

                   [NOTE: If you affirm,uay omit the words "so help me God." See $ 92.52, Fla. Stat.]

   Sigoatur~ •                  •

   Sworn to and subscribed before me by means ofphysical presence                OR     online notarization          D
   us l1av or              Jan0u0/,20        2(o
                                             $px-ta
                          Signature of Officer Administering Oath or of Notary Public

(To be completed only by judges administering             (To be completed by officer administering oath, other than
oath-- see $ 92.50, Florida Statutes.)                   judges - see $ 92.50, Florida Statutes.)
                                                                              Affix Seal Below



Print Name


Title


Court
                                                         Personally Known     G    OR Produced Identification             D
                                                         Type ofIdentification Produced                                   _



                                             ACCEPTANCE
  I accept the office listed in the above Oath of Office.
        Maine Adoress:      tome       E]          om«e [

        loo A[del, Aet22                                      Thorns ntarhey Kans-«ft

                                                             •
        Street or Post Office Box                              Print Nam


        City, State, Zip Code                                  Signature

                                                                                                                DS-DE 56 (Rev. 07/25)


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